Most probably, this would seem like a no-brainer and an obvious thing for any Lawyer to do even before entering the Courtroom, but it’s NOT. I’ve seen far too many instances where a Lawyer appearing before a Court, is shockingly not really prepared with his case that well. He is busy flipping pages back and forth, often referring back to the index […]
Indian Laws Explained
Why Adultery Is Not An Offence For Women In India
It may seem a little bizarre but it’s true that women in India can’t be prosecuted for an offence of adultery. I’ll try to answer this with the help of the discussions, suggestions and recommendations on record. Now first let’s look at the exact definition of Adultery under Section 497 of the India Penal Code:- Section 497. Adultery – Whoever […]
Divorce
Understanding Cruelty – Grounds For Divorce In India
The expression “cruelty” has not been defined, however Section 13(1)(ia) of the Hindu Marriage Act 1955, provides: 13 Divorce — (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party; (ia) has, after […]
Divorce / Indian Laws Explained
Understanding Adultery – Grounds For Divorce In India
In a survey conducted by Ashley Madison, a global dating website, it was revealed that 76% of Indian women and 61% of Indian men don’t think that infidelity is a sin or immoral. People may not find infidelity a sin or immoral, but I would like to remind you that adultery is illegal as per Section 497 of the Indian Penal Code, 1860 which reads as […]
Divorce / Indian Laws Explained
Grounds for Divorce as per Hindu Marriage Act in India
The Hindu Marriage Act provides a lot of grounds for divorce, which a spouse can seek in order to obtain divorce in India. Although marriage, according to Hindu Law, is a holy sacrament and not a contract, and that the husband and wife are considered one in law. Despite that, problems and tensions may develop between husband and wife and […]