Query : I have filed a case for dissolution of marriage/divorce on the ground of mental cruelty because my wife was making written false complaints to various authorities, will I succeed ?

Answer: For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree…

Divorce in India – Easy or Difficult?

For many centuries, marriage was regarded as virtually indissoluble in many societies, including India where it was regarded as ‘sacramental’ religious. Divorces were granted only in limited cases in extraordinary circumstances. Divorce is the socially recognized and legal dissolution of marriage. According to the Concise Oxford Dictionary of Sociology (1994), ‘the formal legal dissolution of…

I am living separately from my wife at Ambala and am also having divorce proceedings with my wife. My son aged 6 years is in the custody of my wife who lives in Sonepat. She is neither allowing me to meet my son or nor she is allowing me to talk to him. What are my legal rights?

You can file a case against her for custody of your child. In a recent judgment, the Hon’ble Supreme Court of India has settled the  law that the Parent who is denied custody of the child should have the right to talk to his/her child for 5 to 10 minutes everyday. A child, especially a…

I am running a case of divorce proceedings and my wife has leveled frivolous allegations of illicit relations and love affairs with another woman what is the effect of such allegations in the divorce proceedings ?

Allegations of illicit relations and love affairs of husband raised by the wife in her written statement and in  such case  if she fails to leave any evidence in support of her allegations to prove the same, it amounts will amount to ‘cruelty’  even when such a plea is not taken in the divorce petition,…