New ground of Divorce - Supreme Court


Posted On : July 27, 2017
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There are many ground for divorce as stated in the Hindu marriage Act as amended up to date, but the Supreme Court has allowed one additional ground of divorce which is a very Welcome approach and upholds the BAR of INDIAN CULTURE. In INDIA marriage is not between two persons only but it is between two families. It is expected that the couple will take care of each other parents as their own parents which is unlike in other foreign countries where the children leave their parents to die in old age keeping their parents aloof from the love of the children and off springs and are left to die at OLD AGE HOMES at that age when they most require it as because the old age of the parents in considered to be the childhood of the parents. The parents at the ir young change NEVER DISREGARDED OR ABANDONED their children when they needed their parents and now at OLD AGE THEY ARE BEING DISCARDED AND DISREGARDED. The Apex Court has held that if a Wife forces her husband to leave his parents then it can be treated as a valid ground for divorce and separation.
Written By:
Vedant Lakhotia

Vedant Lakhotia


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question markSC QUASHED Sec 376, Can It Be Reopen under Marital Dispute With Wife? 2 Response(s)
Dear Sir, My answers are as follows: Question 1:- Is it possible for her to reopen the quashed cases my supreme court. Ans: It is a highest Court of the land and once matter is compromised before the Hon’ble Supreme Court it cannot be reopened at any cost. However, she can file other cases like Domestic Violence, 498A of IPC and under Section 3 and 4 of Dowry Prohibition Act and you have to suffer a lot. Better agree for her terms and accordingly proceed. Question 2:- What steps I should take, case not to get reopen in supreme Court? Kindly advice ?? Ans: You need not take any steps and it is for her to take steps but nothing is left out to reopen such case.
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Dear Sir, It is implied that the Hon'ble Supreme Court suggested you to file fresh and modified representation before ECI and confirm the same by way of affidavit and ask the ECI accordingly. If no reply is received or no action is taken against such representation then you can again approach the High Court or Supreme Court raising same issue by way of PIL, which seems to be appropriate step.
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