Category: Family Law

INTRODUCTION:  The long title of the Prohibition of Child Marriage Act, 2006 indicates a clear legislative intent to prohibit and prevent child marriages. However, the Act does not render such marriages void ab initio but merely voidable at the option of the minor (contracting parties), thereby creating an inherent inconsistency within the statutory framework. If […]

INTRODUCTION: This paper evaluates the intersection of Section 15 and Section 28 of the Hindu Marriage Act, 1955, alongside Section 19 of the Family Courts Act, 1984. It scrutinizes a recurring judicial conundrum: whether a spouse can contract a valid subsequent marriage during the pendency of a regular first appeal before a High Court when […]

INTRODUCTION: Marriage disputes that reach the stage of divorce proceedings are not merely personal conflicts; they become matters of legal determination affecting fundamental human rights, dignity, and the future course of an individual’s life. In several cases before family courts, a decree of divorce is granted after prolonged litigation, bringing a sense of finality and […]

INTRODUCTION: The Temporal Vulnerability of Matrimonial Dissolution The institutional framework of Hindu matrimonial law prefers finality and stability to speed of procedure. Where a Family Court dissolves a marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter, ‘the HMA’) the decree does not immediately give an unfettered right to a subsequent wedlock. Family […]