divorce decree

The recent divorce law introduced in Afghanistan has sparked outrage, particularly for its endorsement of child marriages and limitations on women's rights to divorce. Critics label this as a glaring violation of human rights, viewing it as a step backward for freedom and self-determination.

The Supreme Court has upheld an aspect of the Hindu Marriage Act that restricts divorce petitions to wives under specified maintenance orders, dismissing a legal challenge against it. Justices Surya Kant and Joymalya Bagchi argued that this legal framework is essential for protecting women’s rights against societal inequities.

The Bombay High Court dismissed a husband's divorce plea, stating a wife's failure to perform household chores does not constitute cruelty. Marriage is a partnership, not a service contract, and wives are not 'deemed maids.' The court also awarded the wife Rs 20,000 monthly for maintenance and accommodation.

The Taliban regime in Afghanistan has enacted a new family law regulation, "Principles of Separation Between Spouses," which has drawn international criticism. A particularly controversial article interprets a virgin girl's silence after puberty as consent to marriage. The decree also addresses child marriage, divorce, and other marital disputes, granting fathers and grandfathers significant authority.

The Supreme Court has reinforced the right of women to follow their professional dreams, declaring that a wife's career choices should not be labeled as cruelty or abandonment, even if they upset her spouse or in-laws. By reversing lower court judgments, the apex court affirmed that a woman's personal and professional aspirations are crucial.

Chief Justice of India Surya Kant shared a personal anecdote about his own aspirations to become a judicial officer. He recounted how a senior judge's advice steered him towards a career at the Bar, ultimately leading him to his current position.

The central issue, however, was whether the earlier maintenance order stood extinguished because the High Court had observed that prior payments would constitute permanent alimony. The Court held that this question could not be answered in a blanket manner.

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India's constitutional journey towards a Uniform Civil Code (UCC) is highlighted, tracing its origins in the Constituent Assembly and the ongoing debate. Recent state-level UCC implementations in Gujarat and Uttarakhand are noted as significant steps.

Gujarat has enacted its Uniform Civil Code Bill 2026, establishing a common legal framework for marriage, divorce, succession, and live-in relationships across all communities, excluding scheduled tribes. The bill mandates registration for marriages and live-in unions, bans polygamy, and criminalizes forced marriages, aiming to secure women's rights and promote social harmony.

The Bombay High Court has overturned a family court's divorce decree granted solely on WhatsApp chats, deeming it insufficient proof of cruelty. Justices Bharati Dangre and Manjusha Deshpande emphasized the need for leading evidence, remanding the case back to the family court. The wife will now have an opportunity to present her defense and lead evidence.

Quashing a divorce decree, the Bombay high court said the family court could not have concluded by "guesswork" that an estranged couple's marriage was "dissolved in their mind and heart", and directed it to hear expeditiously the 2017 divorce petition on merit.

MUMBAI: Bombay high court on Monday sought an undertaking from actor Randhir Kapoor and his sister Rima Jain that they will make reasonable efforts to locate and submit the divorce decree of their late brother Rajiv.

The Patna High Court has overturned a divorce decree that was granted by a family court in Motihari, Bihar. The divorce was based on the grounds of the woman's alleged premarital pregnancy, which was confirmed by an ultrasound conducted six weeks after the marriage. However, the high court found the family court's verdict to be illegal as the woman's husband had not denied any cohabitation with her. The high court applied the presumption of legitimacy in Indian law and ruled in favor of the wife.

The Supreme Court said on Monday divorce decrees granted by ecclesiastical tribunals, popularly known among Christians as church courts, had no legal sanctity and anyone remarrying after such a divorce decree would be committing an offence.

In what can have serious implications for divorces involving NRIs, Delhi high court has held that a divorce obtained by an NRI from a foreign court without the spouse’s submission to the jurisdiction of that court is invalid.

The Supreme Court has found itself in the middle of a legal riddle – husband has a divorce decree from a Kerala family court and the wife has a decree for living together from a Mumbai court.