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Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
The purpose of paying maintenance is mainly two folds, first to prevent vagrancy because of strained husband and wife relationships and to guarantee that the poor litigating spouse is not crippled as a result of a lack of funds to live a dignified life.
Since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction.
Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”
Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.
The Calcutta High Court stated that the documents presented by the petitioner which mention her as wife are mere declarations, subject to proof, if challenged.
“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”
The law cannot be powerless to stop, punish or limit clandestine marriages and unions when the first wife or husband are alive and the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence.
Calcutta High Court set aside the impugned order and modified the maintenance amount to Rs. 6,000 per month.
“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”
Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.
Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.
Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., upheld the impugned judgment of the High Court wherein
Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was
Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ. addressed whether prior to the decision on divorce petition,
Bombay High Court: Manish Pitale, J., expressed while addressing the present application that, “Second marriage cannot come within the definition of domestic
Jharkhand High Court: Anubha Rawat Choudhary, J., inter alia, reversed the conviction of the second wife (of the husband of the complainant-first
Allahabad High Court: Sudhir Agarwal, J., found a government servant to be guilty of the offence of bigamy. The instant petition was filed
Madras High Court: RMT. Teeka Raman, J., while addressing a petition observed that, “A plea of customary divorce is a valid defence