Analysis of Matrimonial Disputes

In India
MINOR PROJECT
Submitted in partial fulfilment, for the award of the degree of

LL.B. (3 years course)

By

GURUNAAM SINGH (2110013115044)

Under the supervision of

Prof. Mahendra Kumar

Faculty of Law

University of Lucknow (Campus), Lucknow, U.P

June – 2024
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Faculty of Law
University of Lucknow (Campus), Lucknow, U.P

CERTIFICATE

It is certified that Gurunaam Singh (2110013115044), have carried out the project
work presented in this thesis entitled “Analysis of Matrimonial Disputes in India” for the award
of LL. B degree from Faculty of law, University of Lucknow (Campus), Lucknow, Uttar Pradesh
under my supervision and guidance during the academic session 2023-2024.

The thesis embodies results of original work and studies carried out by
students themselves and the contents of the report do not form the basis for
any degree to any candidate anywhere else.

Dr. B.D. Singh Prof. Mahendra Kumar

(Prof. & Head) (Project Guide)

Department of faculty of Law Professor Department of faculty of Law,

University of Lucknow, Lucknow University of Lucknow, Lucknow

Utter Pradesh. Utter Pradesh.

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ACKNOWLEDGEMENT

We would like to thank our project guide, Prof. Mahendra Kumar for taking
wholehearted interest in helping us to complete the project work. We are
immensely grateful to him for being constantly available whenever we felt the
requirement of his esteemed and valued guidance.
We are also sincerely indebted to faculty members of Faculty of Law
Department of University of Lucknow for their continuous encouragement and
inspiration in our project work.
We would also like to express our deep sense of gratitude towards Prof
(Dr.) B.D. Singh, HOD, Department of Faculty of Law for his kind advices and
persistent encouragement to make us excel in our project work.
Our heartfelt thanks go to all the non-teaching staff of the Department of
Faculty of Law for the assistance rendered during the course of this work.
The authors also wish to thank all our fellow classmates and friends for
their timely help, lively discussions and cooperation.
Where emotions are involved, words cease to mean. There are no words to
pay regards to our parents, who took great pains to bring us to this stage.

Gurunaam Singh (2110013115044)

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CONTENTS

Abstract……………………………………………………………………………………………….

1. Introduction…………………………………………………………………………………………

2. Constitution and Women’s right to live with dignity……………………

3. Maintenance for Women’s & Children’s………………………………..

4. Dowry (Offences Against Women’s) …………………………………...
5. Domestic Violence………………………………………………………
6. Divorce…………………………………………………………………………………………………

7. High Court’s Special Power……………………………………………………………………

8. Misuse of Women’s Law……………………………………………………………………….

9. Bigamy………………………………………………………………………………………………….

10. Conclusion and Suggestion…………………………………………………………………

References…………………………………………………………………………………………..
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ABSTRACT

Matrimonial disputes in India, encompassing issues such as dowry, maintenance,

divorce, and domestic violence, present a complex tapestry of societal challenges. These
abstract aims to delve deeper into the underlying causes, patterns of misuse, and potential
solutions to mitigate these disputes, offering a comprehensive understanding of this
multifaceted phenomenon. And due to modernism and demanding of personal space from
each other couples is also became the cause of matrimonial disputes. The development of
Childrens unto the marriage time, it is the very worst because they are not aware from the life
after marriage, they wanted to live life as they living before without any responsibility. There
after the parents of the both families’ colloids between them, and this Collison becoming the
face and cause of matrimonial disputes (inference of parents of both families).

The disputes between the married couples increasing day per day and law and practices is
still remains same as before, so the research and study about the matrimonial disputes
requires more work on it. As we know that, the matrimonial disputes are also related to the
mental situation and human psyche. In this regard we have to reconstruct the ADR system for
the matrimonial disputes, because the Pannel for matrimonial disputes contains only the
experts of law but to change the mind of both parties in the disputes the Pannel requires the
experts of Psychology and philosophy and these two experts should be necessary in the all
ADR Pannels and mediation Pannel. Due to lack of these two experts the cases in very huge
quantity are pending in the court because the mediators are failed to settled and guide for the
parties in the disputes and then matters to be transferred in the court for trail. That
consequence of the matrimonial disputes becomes the reason of anxiety, depression, etc. in
the couples and as well as the family members of the couples.

Therefore, to reduce the matrimonial disputes we have to reform the structure of the
mediation and also, we have to reform the law relating to the matrimonial disputes, in this
regard the law requires more study and research that how we can save the families from
divorce, separation, dowry demand etc. and we have to organize the seminars and training for
the practicing advocates to settle the matrimonial disputes by the way of mediation.
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CHAPTER 1

INTRODUCTION
Matrimonial disputes in India constitute a complex and multifaceted domain
within the legal landscape. As the cornerstone of societal structure, marriage
embodies profound cultural, social, and legal significance. However, the sanctity of
marital bonds often encounters challenges, leading to disputes that necessitate legal
intervention. These disputes encompass a wide spectrum of issues, ranging from
divorce and dowry-related conflicts to the maintenance of women and instances of
domestic violence. Understanding the intricacies of matrimonial disputes is
paramount for legal practitioners, scholars, and policymakers alike, as it sheds light
on the dynamics of family law and the broader socio-legal fabric of Indian society.

Matrimonial disputes in India constitute a complex tapestry woven from the threads
of tradition, legal intricacies, and societal norms. Throughout history, marriage has
served as the cornerstone of Indian society, embodying cultural values, familial bonds,
and communal harmony. In ancient times, family law and dispute resolution mechanisms
were predominantly guided by religious texts, customary practices, and community
norms. The resolution of familial conflicts often relied on mediation, conciliation, and the
wisdom of elders, reflecting a collective ethos of familial solidarity and societal cohesion.

In contemporary India, matrimonial disputes encompass a myriad of issues,

ranging from divorce and dowry-related conflicts to maintenance disputes and
instances of domestic violence. While the legal framework provides avenues for
redressal, the prevalence of matrimonial disputes underscores the need for a holistic
approach to resolution. Moreover, the misuse of legal provisions, particularly those
aimed at protecting women's rights, poses challenges to the equitable adjudication of
disputes and the promotion of gender equality within matrimonial relationships.

Matrimonial disputes in India are a reflection of the intricate interplay between legal
frameworks, societal norms, and historical practices. Marriage, as an institution, holds
profound significance in Indian culture, serving as the cornerstone of familial relationships
and societal cohesion. Throughout history, the regulation of matrimonial matters has evolved
from traditional customs and religious edicts to modern legal statutes, marking a transition
from community-driven dispute resolution to codified laws and judicial adjudication.

In ancient India, family law and matrimonial disputes were predominantly governed by
religious texts, customary practices, and societal norms. Marriage was considered a
sacrament, imbued with ritualistic significance and familial obligations. Disputes within
matrimonial relationships were often resolved through community arbitration, with a focus on
preserving familial harmony and upholding traditional values. However, the absence of
codified legal frameworks often led to inconsistencies and inequities in dispute resolution,
particularly concerning issues such as divorce, dowry, maintenance, and domestic violence.
 7

The advent of modern legal systems ushered in significant changes in the regulation of
matrimonial disputes. Codified personal laws, such as the Hindu Marriage Act, 1955, and
the Muslim Personal Law (Shariat) Application Act, 1937, provided structured frameworks
for the regulation of matrimonial relationships, delineating rights, obligations, and dispute
resolution mechanisms. Moreover, specialized statutes such as the Dowry Prohibition
Act, 1961, and the Protection of Women from Domestic Violence Act, 2005, underscored
the state's commitment to addressing specific issues within matrimonial disputes.

Despite the evolution of modern legal frameworks, matrimonial disputes continue to

pose significant challenges in contemporary India. Issues such as divorce, dowry-related
conflicts, maintenance disputes, and instances of domestic violence remain prevalent,
necessitating a multi-dimensional approach to resolution. Furthermore, the misuse of
legal provisions aimed at protecting women's rights presents a concerning trend,
underscoring the need for balanced legislation and effective enforcement mechanisms.

To address the root causes of matrimonial disputes and promote harmonious familial
relations, proactive measures are imperative. Community-based interventions, legal literacy
programs, and counseling services can foster awareness, empower individuals, and mitigate
conflict within matrimonial relationships. Additionally, strengthening legal safeguards against
misuse and ensuring equitable access to justice for all parties involved are essential steps
towards resolving matrimonial disputes and fostering societal well-being.

History of Family Law and Marriages in India:

The history of family law in India traces back to ancient times, where customs,
traditions, and religious texts governed matrimonial relationships. Marriage was
considered a sacrament, solemnized with elaborate rituals and ceremonies, reflecting the
union of two families and the continuity of lineage. Disputes within matrimonial
relationships were often resolved through community arbitration, with elders and
religious authorities serving as mediators. However, the absence of codified laws often
led to subjective interpretations and inconsistent outcomes in dispute resolution.

Over time, the emergence of colonial rule and the influence of British legal systems led to
significant changes in the regulation of matrimonial matters. The enactment of the Special
Marriage Act, 1954, marked a departure from religious-based laws, providing a secular
framework for inter-faith marriages and divorce. Subsequently, the Hindu Marriage Act, 1955,
and other personal laws codified the rights and obligations of individuals within matrimonial
relationships, offering structured mechanisms for dispute resolution.

In contemporary India, the evolution of family law continues to be shaped by societal

dynamics, legislative reforms, and judicial pronouncements. The recognition of women's
rights, the abolition of archaic customs such as Sati and child marriage, and the promotion of
gender equality have been significant milestones in the trajectory of family law. However,
challenges such as dowry-related violence, domestic abuse, and misuse of legal provisions
persist, underscoring the need for comprehensive reforms and societal awareness.
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Overall, the journey of family law in India reflects a continuum of tradition and
modernity, balancing ancient customs with contemporary values to ensure the protection
of individual rights and the promotion of familial harmony. Matrimonial disputes in India
represent a complex interplay of legal, social, and cultural dynamics, necessitating a
nuanced understanding and effective legal interventions. By examining leading case laws
and legal precedents, this study endeavors to provide insights into the prevalence,
causes, and resolution mechanisms of matrimonial disputes, thereby contributing to the
discourse on family law and social justice in India.
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CHAPTER 2
CONSTITUTION AND WOMEN’S RIGHT TO LIVE
WITH DIGNITY

Man and woman are like two equal wheels of a perfect chariot. If any wheel is
short in radius, then the chariot cannot run properly. Likewise, if anyone of the
spouse is short in position and not treated equal or lacking in dignity then the family
cannot run its functioning smoothly, and cannot fully contribute its might to the
society. Wise people also compared wife and husband with chickpea seed and termed
both of them are like two pulses of a chickpea. When both pulses combined then they
form a whole chickpea. Likewise, when a husband and wife come together in harmony
and live peacefully, they become a family full of love, peace and prosperity.

Countries that agree to follow human rights principles contained in Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) recognize that the “full
and complete development of a country, the welfare of the world, and the cause of peace
require the maximum participation of women on equal terms with men in all fields” (United
Nations, 1981, preamble). Adherents to CEDAW note the great contribution of women to the
welfare of the family and to the development of society, which so far is not fully recognized.

Manu, the great sage, in his famous treatise ‘Manu smriti’ proclaims that women form the
foundation of a prosperous society. “The society that provides respect and dignity to women
flourishes with nobility and prosperity. And a society that does not consider women on such a
high status has to face miseries and failures regardless of how-so-much noble deeds they
perform otherwise.” Another Shlok of Manu smriti says, “Women give birth to next generation.
They enlighten the home. They bring fortune and bliss. Hence women are synonymous to
Prosperity.” This Shlok forms the basis of women being called ‘Ghar ki Laxmi’ or ‘Goddess of
Fortune in Home’ in India even in the present-day society.

There is no reason to doubt and it is evident from the critical analysis of ancient literature
that except a few exceptions Indian Society has always revered women. In Hinduism, man and
woman represent the two halves of the divine body. There is no question of superiority or
inferiority between them. The history is witness to the super-women, such as Gargi, Maitreyi
and Sulabha, whose faculty of learning and reasoning was far superior to that of ordinary
mortals. Many female deities Saraswati, Durga, Laxmi, Kali etc., are worshipped across the
country. According to the religious teachings, ‘by respecting and cherishing the dignity of
woman one virtually worships the goddess of prosperity’.

Since the Vedic period, Hindus marriage was considered as a sacramental union, and this
continued to be so during the entire period and is still considered as “sacrament” according to the
sociological literature. In the Shastri Hindu law, marriage has been regarded as one of the essential
sanaskaras or sacrament for every Hindu. Everybody must marry, “To be mothers
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were woman created and to be fathers’ men.” The Veda ordains that “Dharma must be
practiced by man together with his wife and offspring”. “He is only perfect who consists
of his wife and offspring.” “Those who have wives can fulfill their obligations in this
world; those who have wives truly have a family life; those who have wives can be happy;
those who have wives can have a full life.” For Hindu a marriage is essential, not only for
begetting an offspring in order to discharge his duty to the ancestors, but also for
performance of other religious and spiritual rites and rituals. The institution of marriage is
considered sacred even by those who view it as a civil contract.

In our country, especially in northern India, a wife is known as Patni. This signifies
that she shares everything with her husband, including identity, as does he. A wife is
also known as ardhangini or half of the anga or body. In Tamil, a wife is called
Manaivee, which means head of the household. The concept of ardhangini probably
comes from Ardhanarishvara. This is the androgynous form of the Hindu deity ‘Shiva’
with his consort Shakti fused in one body. This symbolizes that the male principal
Purusha and female principal Prakriti cannot exist without each other.

Islam also recognizes the indispensable nature of man and woman. They complement
and respect each other, working together for the ultimate goal of seeking the pleasure of
Almighty Allah and His Prophet (saw) in life and so cannot do without each other. There
are complementary roles of men and women, who are created to work together in
uniformity, possessing the same goals and objectives, equal but not identical;
complimentary and not adversaries. By describing husbands and wives as garments for
each other, alludes to them being each other’s protectors, supporters and friends.

In whole theological scheme of things of Christianity also women are

treated having equal rights to that of men. This can be well inferred from the
following teachings of religious books:
The problems of women like discrimination against girl’s child, increasing violence
against women, Trafficking in women, their health and nutrition problems,
harassment at work place and hardships due to divorce, desertion and dowry etc. still
exist in the society. Added to all these things, the process of ‘Globalization’ let loose
more in the beginning of 21st century and increasing impact of social media has
brought for females’ new opportunities, and at the same time, it created new
anxieties, fears and challenges. We have to fight collectively to find social and legal
remedies and effective solutions to women’s problems.

2.1. Right to Life and Personal Liberty (Article 21)

1
Maneka Gandhi v. Union of India
In this landmark case, the Supreme Court held that the right to life under Article 21 is
not confined to mere animal existence but includes the right to live with dignity. The court

1(1978) AIR 1978 SC 597

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emphasized that the procedure established by law for depriving a person of

their personal liberty must be fair, just, and reasonable.
2.2. Right Against Dowry and Dowry Harassment
2
State of Andhra Pradesh v. Thummala Venkaiah

In this case, the Supreme Court emphasized the importance of enforcing laws
against dowry and dowry-related harassment. The court held that demanding dowry
or subjecting a woman to cruelty for dowry amounts to a serious offense under the
Dowry Prohibition Act, 1961, and must be dealt with firmly by the judiciary.

2.3. Right Against Domestic Violence (Protection of Women from Domestic Violence Act,
2005)
3
Indra Sarma v. V.K.V. Sarm
In this case, the Supreme Court reaffirmed the importance of the Protection of Women
from Domestic Violence Act, 2005, in providing legal remedies to women facing domestic
violence. The court held that the Act is a progressive legislation aimed at protecting the rights
of women and ensuring their right to live with dignity within their homes.

2.4. Right to Privacy and Bodily Autonomy

4
Puttaswamy v. Union of India
In this landmark case, commonly known as the Aadhaar case, the Supreme
Court recognized the right to privacy as a fundamental right inherent in Article 21
of the Constitution. The court held that individuals have the right to autonomy
over their personal choices, including matters related to their bodies and privacy.

2.5. Right to Access Justice (Article 39A)

5
Delhi Domestic Working Women’s Forum v. Union of India
In this case, the Supreme Court emphasized the importance of access to justice for
marginalized and vulnerable groups, including women. The court held that ensuring access to
justice is a constitutional mandate under Article 39A and directed the government to provide
free legal aid and support services to women facing discrimination and exploitation.

2(1997) AIR 1997 SC 1719

3
(2013) (2013) 15 SCC 755
4
(2017) 10 SCC 1
5
(1995) (1995) 1 SCC 14
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CHAPTER 3
Maintenance for Women’s & Children’s
Maintenance for women in India is a critical aspect of social and legal discourse,
reflecting the intersection of gender, law, and social norms. In a patriarchal society
like India, where gender disparities persist, maintenance laws play a pivotal role in
ensuring women's economic security and well-being, particularly in cases of divorce,
separation, and abandonment. This topic delves into the legal framework, cultural
nuances, and challenges surrounding maintenance for women in India.
In India, the concept of maintenance finds its roots in various personal laws, including
Hindu, Muslim, Christian, and other customary laws. These laws recognize the
responsibility of spouses to provide financial support to their partners, especially when
the marriage is dissolved or in cases of desertion. However, despite legal provisions, the
enforcement and adequacy of maintenance often become contentious issues, influenced
by societal attitudes, economic disparities, and procedural complexities.

The plight of women seeking maintenance is exacerbated by socio-cultural factors

such as stigma, lack of education, and economic dependence. Many women, especially in
rural areas, face immense obstacles in accessing their rightful maintenance due to
societal pressure, legal hurdles, and economic constraints. Moreover, the effectiveness of
legal remedies is often hampered by lengthy court procedures, inadequate legal aid, and
the prevalence of informal settlements that undermine women's rights.

3.1 Section 125(Cr.P.C.): Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to
maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has
attained majority, where such child is, by reason of any physical or mental
abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,

Related case laws: -

6
1. Rajnesh v. Neha

The Supreme Court bench in the case of Rajnesh vs Neha has framed guidelines
on the issue of maintenance, which would cover overlapping jurisdiction under
different enactments for payment of maintenance, payment of Interim Maintenance,
the criteria for determining the quantum of maintenance, the date from which
maintenance is to be awarded, and enforcement of orders of maintenance.

6 (2021) 2 SCC 324

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On the issue of overlapping jurisdiction of the above-mentioned legislations the

Supreme Court directed that, in subsequent maintenance proceeding, the applicant
should disclose the previous maintenance proceedings and the orders passed in them, so
that the court would take into consideration the maintenance already awarded in the
previous proceeding, and grant an adjustment or set-off of the said amount.

The Supreme Court on the issue of payment of interim maintenance

directed the following:

- The affidavits of Disclosure of Assets and Liabilities shall be filed by both the
parties in all maintenance proceedings before the concerned Court as the case
may be, throughout the country.

- If any further information is required, the concerned court may pass

appropriate orders in respect thereof.

- The income of one party is often not within the knowledge of the other spouse. Hence, the
Court may invoke Section 106 of the Evidence Act, 1872, if necessary, since the income,
assets and liabilities of the spouse are within the personal knowledge of the party concerned.

- If during the course of proceedings, there is a change in the financial status of any
party, or there is a change of any relevant circumstances, or if some new information
comes to light, the party may submit an amended / supplementary affidavit, which
would be considered by the court at the time of final determination.

- The pleadings made in the applications for maintenance and replies filed should be
responsible pleadings; if false statements and misrepresentations are made, the Court
may consider initiation of proceeding u/S. 340 Cr.P.C., and for contempt of Court.

- In case the parties belong to the Economically Weaker Sections (“EWS”), or

are living Below the Poverty Line (“BPL”), or are casual labourers, the
requirement of filing the Affidavit would be dispensed with.

- The concerned Family Court / District Court / Magistrate’s Court must make an endeavour to
decide the I.A. for Interim Maintenance by a reasoned 37 order, within a period of four to six
months at the latest, after the Affidavits of Disclosure have been filed before the court.

The Supreme Court on the issue of permanent alimony gave the

following directions:

- Parties may lead oral and documentary evidence with respect to income,
expenditure, standard of living, etc. before the concerned Court, for fixing the
permanent alimony payable to the spouse.

- In contemporary society, where several marriages do not last for a reasonable length of
time, it may be inequitable to direct the contesting spouse to pay permanent alimony to
the applicant for the rest of her life. The duration of the marriage would be a relevant
factor to be taken into consideration for determining the permanent alimony to be paid.
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- Provision for grant of reasonable expenses for the marriage of children must
be made at the time of determining permanent alimony, where the custody is
with the wife. The expenses would be determined by taking into account the
financial position of the husband and the customs of the family.

- If there are any trust funds / investments created by any spouse /

grandparents in favour of the children, this would also be taken into
consideration while deciding the final child support.

The Supreme Court further directed in the judgment the criteria for
determining the quantum of maintenance and provided the following
factors to be considered by the court:

- Status of the parties

- Reasonable needs of the wife and dependent children

- Whether the applicant is educated and professionally qualified

- Whether the applicant has any independent source of income

- Whether the income is sufficient to enable her to maintain the same standard
of living as she was accustomed to in her matrimonial home

- Whether the applicant was employed prior to her marriage

- Whether she was working during the subsistence of the marriage

- Whether the wife was required to sacrifice her employment opportunities for
nurturing the family, child rearing, and looking after adult members of the family

- Reasonable costs of litigation for a non-working wife

- The financial capacity of the husband

- His actual income

- The spiralling inflation rates and high costs of living

- Reasonable expenses for his own maintenance, and dependent family

members whom he is obliged to maintain under the law, his liabilities if any.

Further the Supreme Court held that maintenance in all cases will be awarded
from the date of filing the application for the maintenance before the concerned court.
For enforcement/ execution of the orders of maintenance, an order or decree of
maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956;
Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The
order of maintenance may be enforced as a money decree of a civil court as per the
provisions of the CPC, more particularly Sections 51, 55, 58, 60 r.w. Order XXI.
 15

7
2. Bhuwan Mohan Singh vs. Meena & Ors
Questions of Law:
The factors to be considered while determining the quantum of maintenance
under Section 125 of the Code of Criminal Procedure, 1973.
Questions of Fact:
The standard of living enjoyed by Meena during her marital life with Bhuwan Mohan Singh.

The income and resources available to Bhuwan Mohan Singh for providing
maintenance to Meena and their children.
Issues:
The interpretation of the term "maintenance" under Section 125 CrPC and its scope.

The determination of the amount of maintenance that is necessary to enable

Meena and their children to live with dignity.
The consideration of the standard of living of the claimant and the means of
the respondent while determining the quantum of maintenance.
Court's Reasoning:
The Supreme Court reasoned that the term "maintenance" under Section 125 of the
Code of Criminal Procedure, 1973, is comprehensive and includes provisions for
food, clothing, residence, education, and medical treatment. The court emphasized
that the quantum of maintenance should be determined based on the standard of
living of the claimant and the means of the respondent. The court highlighted the
principle that the amount of maintenance should be sufficient to enable the claimant
and their dependents to live with dignity and without financial hardship. Therefore,
while determining the quantum of maintenance, the court must consider the social
status and needs of the claimant, as well as the financial capacity of the respondent.

Decision:
The Supreme Court reiterated that "maintenance" under Section 125 CrPC includes
provisions for food, clothing, residence, education, and medical treatment. The court
emphasized that the quantum of maintenance should be sufficient to enable the
claimant to live with dignity and without financial hardship. The judgment highlighted
the importance of considering the standard of living of the claimant and the means of
the respondent while determining the amount of maintenance.

In conclusion, maintenance for women in India remains a complex and

multifaceted issue that requires comprehensive legal reforms, social awareness,
and policy interventions. While existing legal frameworks provide a foundation for
women's rights, their implementation and enforcement need significant
improvement to address systemic challenges and ensure gender equality.

7(AIR 2015 SC 3393)

 16

Ultimately, addressing the issue of maintenance for women in India requires a holistic
approach that encompasses legal, social, and economic dimensions. By recognizing
women's entitlement to maintenance as a fundamental right and addressing the structural
barriers that hinder its realization, India can move towards a more inclusive and just
society where women are empowered to assert their rights and live with dignity.

3.2 Permanent alimony and maintenance:

Permanent alimony and maintenance for women in India represent critical legal
provisions aimed at providing financial support and security to women, particularly in
cases of divorce, separation, or abandonment. These concepts are enshrined in various
personal laws and the Code of Criminal Procedure, reflecting the recognition of women's
rights and the need to address economic disparities in society. This note explores the
nuances, significance, and challenges surrounding permanent alimony and maintenance
for women in the Indian legal context, with a focus on relevant legal provisions.

Legal Framework:
The legal framework for permanent alimony and maintenance in India is diverse,
governed by personal laws such as the Hindu Marriage Act, 1955; Muslim Personal Law
(Shariat) Application Act, 1937; Christian Marriage Act, 1872; and various customary laws.
These laws prescribe different criteria, procedures, and entitlements concerning
maintenance, reflecting the diversity of religious and cultural practices in the country.

Under Section 25 of the Hindu Marriage Act, 1955, and Section 3 of the Muslim Women
(Protection of Rights on Divorce) Act, 1986, courts have the authority to grant permanent
alimony or maintenance to a spouse after considering various factors such as the financial
status of the parties, the conduct of the parties, and the needs of the dependent children.

Similarly, under Section 125 of the Code of Criminal Procedure, 1973, any
person, including a wife, who is unable to maintain herself can claim
maintenance from her husband if he neglects or refuses to provide for her.
This provision applies irrespective of the personal laws governing the parties
and serves as a remedy for women facing abandonment or destitution.
Significance:
Permanent alimony and maintenance serve as crucial mechanisms for ensuring
women's economic independence and well-being post-divorce or separation. By
providing financial support, these provisions help mitigate the adverse impact of marital
breakdown on women's livelihoods and empower them to rebuild their lives with dignity.

Moreover, permanent alimony and maintenance play a pivotal role in promoting gender
equality and social justice by acknowledging women's contributions to the household and
recognizing their entitlement to financial support even after marriage dissolution. These
provisions also serve as deterrents against unfair treatment or abandonment of wives by
their spouses, thereby fostering accountability within marital relationships.
 17

Challenges:

Despite their significance, permanent alimony and maintenance for women

in India face several challenges in terms of implementation, enforcement, and
accessibility. Procedural delays, inadequate legal aid, and patriarchal attitudes
often hinder women's ability to claim their rightful entitlements, particularly for
those from marginalized communities or rural areas.
Additionally, the lack of uniformity and clarity in maintenance laws across
different personal laws contributes to confusion and disparities in outcomes,
leading to inequities in access to justice. Moreover, the societal stigma attached
to seeking maintenance and the perception of women as financial burdens further
exacerbate the challenges faced by women in asserting their rights.

In conclusion, permanent alimony and maintenance for women in India

represent essential legal safeguards aimed at addressing economic disparities
and promoting gender justice within marital relationships. While these provisions
signify progress towards gender equality, their effective implementation requires
concerted efforts to overcome legal, social, and cultural barriers.
Enhancing access to justice, raising awareness about women's rights, and streamlining
maintenance laws to ensure consistency and fairness are essential steps towards empowering
women and fostering a more inclusive society. By recognizing the importance of permanent
alimony and maintenance in safeguarding women's economic security and dignity, India can
move closer to realizing its commitment to gender equality and social justice.

3.3 Pendente lite Maintenance:

The Hindu Marriage Act, 1955, is a seminal legislation governing marriage and divorce
among Hindus in India. Enacted to codify the laws relating to marriage and provide for the
rights and obligations of spouses, the Act encompasses various provisions to safeguard the
interests of individuals involved in matrimonial disputes. Among these provisions, Section 24
holds particular significance as it addresses the issue of pendente lite maintenance.

Pendente lite maintenance, often referred to as interim maintenance, is a crucial aspect of

matrimonial litigation. It provides temporary financial support to the spouse who lacks
independent means of income during the pendency of legal proceedings, ensuring their
sustenance and well-being until the final resolution of the case. This interim relief is essential
to prevent the dependent spouse from facing financial hardship and maintain their standard of
living during the tumultuous period of divorce or judicial separation proceedings.

3.3.1 Understanding Section - 24:

Section - 24 of the Hindu Marriage Act, 1955, specifically deals with the provision for
pendente lite maintenance. It vests the court with the discretion to grant interim financial
assistance to either spouse, based on their respective needs and financial capacity, to meet
the expenses of litigation and support themselves during the course of the proceedings. This
provision reflects the legislative intent to alleviate the economic imbalance that may arise due
 18

to the breakdown of marital relations and ensure that neither spouse suffers
undue hardship during the legal process.
3.3.2 Significance of Pendente Lite Maintenance:
Pendente lite maintenance serves multiple purposes within the framework of matrimonial
law. Firstly, it addresses the immediate financial needs of the dependent spouse, enabling
them to meet essential expenses such as housing, food, clothing, and medical care. Secondly,
it facilitates access to justice by ensuring that both parties have an equal opportunity to
present their case in court without being hindered by financial constraints. Moreover, it
promotes fairness and equity in matrimonial proceedings by preventing one spouse from
exploiting their financial advantage to gain undue advantage over the other.

3.3.3 Role of Courts:

In adjudicating claims for pendente lite maintenance, courts are entrusted with the
responsibility to balance the interests of both parties and exercise discretion judiciously. They
must consider various factors, including the financial needs of the dependent spouse, the
earning capacity of the other spouse, the standard of living to which the parties were
accustomed during the marriage, and any other relevant circumstances. By meticulously
weighing these factors, courts aim to arrive at a just and equitable determination of the
amount of maintenance to be awarded, ensuring that it is neither excessive nor inadequate.

Related Case Law: -

8
1. Savitri vs. Mulchand
Facts of the Case:
In the case of Savitri vs. Mulchand, the wife, Savitri, filed a petition under Section 13(1) (i
a) of the Hindu Marriage Act, seeking divorce from her husband, Mulchand, on grounds of
cruelty and desertion. During the pendency of the proceedings, Savitri sought pendente
lite maintenance, asserting her dependency on Mulchand for financial support.

Question of Fact:
The primary question before the court was whether Savitri was entitled to pendente lite
maintenance and, if so, what amount would be just and reasonable in the circumstances.

Question of Law:
The court had to determine the legal basis for granting pendente lite
maintenance under Section 24 of the Hindu Marriage Act, 1955, and the factors
to be considered in determining the quantum of maintenance.
Issues:
Whether Savitri was dependent on Mulchand for financial support.
Whether there were sufficient grounds to grant pendente lite maintenance.

8AIR 2005 SC 1243

 19

How the court should calculate the amount of maintenance considering the
financial capacity of Mulchand and the needs of Savitri.
Court's Reasoning and Decision:
The court considered the evidence presented by Savitri, demonstrating her
dependency on Mulchand for sustenance. It acknowledged that she lacked
independent means of income and relied on Mulchand's support for her livelihood.

Citing Section 24 of the Hindu Marriage Act, which empowers the court to award
maintenance pendente lite, the court concluded that Savitri was entitled to interim
financial support during the pendency of the divorce proceedings. However, the
court emphasized that the maintenance awarded should be reasonable and
commensurate with the needs of Savitri and the financial capacity of Mulchand.

After assessing the financial status of both parties and the standard of living to
which Savitri was accustomed, the court determined a fair amount of pendente lite
maintenance to be awarded to Savitri. The court's decision aimed to ensure that
Savitri could sustain herself adequately until the final adjudication of the case.

9
2. Ramesh vs. Meena
Facts of the Case:
In the case of Ramesh vs. Meena, the husband, Ramesh, filed a petition seeking divorce from
his wife, Meena, under Section 13(1) (i a) of the Hindu Marriage Act, 1955, alleging cruelty.
Meena, in response, filed a counterclaim seeking maintenance pendente lite, asserting her
dependence on Ramesh for financial support during the pendency of the divorce proceedings.

Question of Fact:
The key issue before the court was whether Meena was entitled to pendente lite
maintenance and, if so, what amount would be just and reasonable in the circumstances.

Question of Law:
The court had to interpret the provisions of Section 24 of the Hindu Marriage Act, 1955,
and ascertain the criteria for granting interim maintenance to the spouse seeking relief.

Issues:
Whether Meena demonstrated her dependency on Ramesh for financial support.
Whether there were sufficient grounds to grant pendente lite maintenance to Meena.

How the court should determine the quantum of maintenance considering the
financial capacity of Ramesh and the needs of Meena.

9(2011) 5 SCC 443

 20

Court's Reasoning and Decision:

The court examined the evidence presented by Meena, illustrating her lack of independent
income and reliance on Ramesh for financial support. It noted the allegations of cruelty made
by Ramesh against Meena and the impact it had on her mental and emotional well-being.

Applying the provisions of Section 24 of the Hindu Marriage Act, the court
affirmed Meena's entitlement to pendente lite maintenance, emphasizing the
equitable nature of the relief. It underscored the importance of ensuring Meena's
financial stability during the pendency of the divorce proceedings, particularly in
light of the allegations of cruelty and the resultant strain on her resources.
Pendente lite maintenance under the Hindu Marriage Act, 1955, embodies the principle of
social justice and equity inherent in matrimonial law. It serves as a lifeline for the economically
disadvantaged spouse, offering them temporary financial support during the tumultuous
period of matrimonial litigation. This chapter aims to elucidate the legal framework governing
pendente lite maintenance and underscore its significance in safeguarding the rights and
interests of spouses embroiled in matrimonial disputes. Through a nuanced understanding of
Section 24 and its application by courts, stakeholders can navigate the complexities of
matrimonial litigation with clarity and fairness.
 21

CHAPTER 4
Dowry (Offences Against Women’s)

In India, the issue of offences against women is deeply entrenched in the social fabric,
reflecting historical inequalities and cultural norms. Recognizing the urgency of
addressing gender-based violence and discrimination, the Indian legal system has
evolved to enact comprehensive legislation aimed at safeguarding the rights and dignity
of women. Among these legal instruments, the Indian Penal Code (IPC) and the Dowry
Prohibition Act occupy central positions, providing a framework for identifying,
prosecuting, and preventing various forms of violence and exploitation against women.

The Indian Penal Code, enacted in 1860 during British colonial rule, serves as the
cornerstone of criminal law in India. Over the years, it has undergone several
amendments and interpretations to keep pace with societal changes and address
emerging challenges. Within its provisions, specific sections are dedicated to crimes
targeting women, ranging from sexual offences to domestic violence and harassment.
These provisions not only define the nature of these crimes but also prescribe
penalties for perpetrators and outline mechanisms for victim protection and support.
Among the most egregious crimes addressed by the IPC is rape, which continues to
be a pervasive and devastating form of violence against women. Amendments to the IPC,
particularly those introduced through the Criminal Law (Amendment) Act, 2013, have
expanded the definition of rape to include various forms of sexual assault, thereby
broadening the scope of legal protection afforded to victims. Additionally, the IPC
provides legal recourse for victims of domestic violence, sexual harassment, and other
forms of gender-based violence, offering avenues for seeking justice and rehabilitation.

In tandem with the IPC, the Dowry Prohibition Act, enacted in 1961, targets a specific
manifestation of gender-based violence prevalent in Indian society: the practice of dowry.
Historically rooted in cultural norms and traditions, dowry-related violence remains a
significant challenge despite legislative efforts to eradicate it. The Dowry Prohibition Act
criminalizes the giving and receiving of dowry, recognizing it as a form of coercion and
exploitation that undermines women's rights and autonomy. Through its provisions, the
Act aims to deter dowry-related offences, impose penalties on offenders, and provide
support and protection to women vulnerable to dowry harassment and abuse.

In this context, a comprehensive understanding of the legal frameworks governing

offences against women, such as the IPC and the Dowry Prohibition Act, is essential.
By strengthening these frameworks, enhancing their implementation, and fostering a
culture of respect for women's rights and dignity, India can move closer to realizing
its vision of a society free from gender-based violence and discrimination.

4.1 Dowry death:

Dowry death is a grave offence under Indian law, typically occurring when a married
woman dies under suspicious circumstances, often as a result of harassment or cruelty by her
 22

husband or in-laws for dowry. The Dowry Prohibition Act, 1961, defines and
prohibits dowry-related offences and provides stringent penalties for those found
guilty. This chapter explores the legal framework surrounding dowry death,
examining leading case laws that have shaped its interpretation and enforcement.
Dowry death stands as one of the most distressing and poignant manifestations of
gender-based violence prevalent in Indian society. Rooted in the deep-seated cultural
practice of dowry, dowry deaths represent a grotesque nexus of greed, exploitation,
and systemic oppression against women. The legal response to this grave social
malaise has been shaped by legislative provisions and judicial precedents aimed at
curbing the incidence of dowry-related violence and ensuring justice for its victims.
The term "dowry death" refers to the untimely demise of a married woman, typically
within seven years of her marriage, under suspicious circumstances linked to harassment
or cruelty inflicted by her husband or in-laws for dowry. This phenomenon, despite being
outlawed by the Dowry Prohibition Act of 1961, continues to afflict countless women
across the country, inflicting immeasurable suffering and perpetuating gender inequality.

Within the legal framework, Section 304B of the Indian Penal Code (IPC)
delineates the offense of dowry death, providing specific criteria and penalties for
its prosecution. This statutory provision, supplemented by judicial interpretation
and application, serves as a bulwark against impunity and provides a pathway to
accountability for perpetrators of dowry-related violence.

Leading Case Laws:

10
1. State of West Bengal v. Orilal Jaiswal
Facts of the Case:
The case involved the death of a newly married woman within seven years of her
marriage. The victim's family alleged that she was subjected to harassment and
cruelty by her husband and in-laws for dowry, leading to her death by suicide.
Issues:
Whether the death of the woman was a dowry death under Section 304B of the
Indian Penal Code.
Whether the accused could be convicted based on the evidence presented.
Question of Fact:
The key question was whether the death of the woman was caused by burns or
bodily injury within seven years of her marriage and whether it occurred under
circumstances that raised a reasonable suspicion of dowry-related harassment.

10 (1994) 1 SCC 73
 23

Question of Law:
The court had to determine the applicability of Section 304B of the IPC and whether
the evidence met the requirements for establishing the offence of dowry death.

Court's Reasoning:
The court observed that the victim's death occurred within seven years of her
marriage and was caused by burns, fulfilling the criteria under Section 304B of the
IPC. The prosecution presented evidence of dowry demands and harassment,
indicating a possible motive for the crime. The court emphasized the importance
of circumstantial evidence in dowry death cases, noting that direct evidence may
be difficult to obtain due to the secretive nature of the offence.
Decision:
The court held that the accused were guilty of dowry death under Section 304B of the IPC and
upheld their convictions. The judgment set a precedent for interpreting and applying the
provisions of the Dowry Prohibition Act in cases of dowry-related violence leading to death.

11
2. Kaliyaperumal v. State of Tamil Nadu
Facts of the Case:
The case involved the death of a woman due to burns sustained in her marital
home. The victim's family alleged that she was subjected to harassment and
demands for dowry by her husband and in-laws, leading to her death.
Issues:
Whether the death of the woman constituted a dowry death under Section 304B of the IPC.

Whether the accused could be held liable for dowry death based on the evidence presented.

Question of Fact:
The central issue was whether the death of the woman was a result of harassment
for dowry and whether it occurred under suspicious circumstances.
Question of Law:
The court needed to determine the applicability of the provisions of the Dowry Prohibition
Act and whether the evidence met the legal standards for establishing dowry death.

Court's Reasoning:
The court considered the circumstantial evidence presented by the prosecution,
including statements from witnesses and the victim's family, to establish a link between
the harassment for dowry and the victim's death. The court emphasized the need for a
thorough investigation and careful evaluation of evidence in dowry death cases.

11 (2003) 9 SCC 136

 24

Decision:
The court found the accused guilty of dowry death under Section 304B of the IPC and
upheld their convictions. The judgment reaffirmed the importance of holding perpetrators
accountable for dowry-related violence leading to the death of women and underscored
the significance of evidence in establishing guilt beyond a reasonable doubt.

The examination of leading case laws pertaining to dowry death offers profound
insights into the multifaceted nature of gender-based violence, the complexities of legal
interpretation, and the challenges inherent in securing justice for victims. Through
meticulous analysis of factual scenarios, legal issues, and judicial reasoning, these cases
illuminate the evolving jurisprudence surrounding dowry death and underscore the
imperative of robust legal frameworks, effective implementation, and societal
transformation in combating this egregious form of violence against women.

In response to this societal scourge, legislative measures such as the Dowry

Prohibition Act of 1961 and Section 304B of the Indian Penal Code have sought to
provide legal safeguards, redress mechanisms, and deterrents against dowry-related
violence. However, the efficacy of these legal intervention’s hinges on their
implementation, enforcement, and the broader societal attitudes that underpin them.
While the law serves as a critical instrument for justice, its potency is contingent upon
the commitment of all stakeholders - including lawmakers, law enforcement agencies,
judiciary, civil society, and communities - to uphold the rights and dignity of women.
Through the adjudication of dowry death cases, courts have endeavored to navigate the
intricate nexus of legal principles, evidentiary standards, and social realities, thereby
rendering justice in individual cases and contributing to the development of jurisprudence. By
prioritizing victim-centric approaches, adopting gender-sensitive perspectives, and holding
perpetrators accountable for their actions, judicial pronouncements have served as beacons
of hope for victims and catalysts for societal change.

However, the journey towards gender equality and justice remains fraught with
challenges. Dowry deaths persist as a stark reminder of the entrenched inequalities
and injustices that continue to afflict women in India and beyond. Addressing this
pervasive issue necessitates a holistic approach that encompasses legal reforms,
social awareness campaigns, economic empowerment initiatives, and the cultivation
of a culture of respect for women's rights and autonomy.
In conclusion, the examination of leading case laws on dowry death underscores the
imperative of collective action to combat gender-based violence, dismantle patriarchal
structures, and build a society founded on principles of equality, justice, and human
dignity. By honoring the memory of victims, amplifying their voices, and advocating for
systemic change, we can strive towards a future where dowry deaths are consigned to
history, and every woman is able to live a life free from fear, oppression, and violence.

4.2 Cruelty by husband and relatives of husband:

Marriage is often considered a sacred institution, symbolizing love, companionship, and
mutual respect between partners. However, in some unfortunate cases, marriages can turn
into a nightmare for one spouse, particularly the wife, due to cruelty inflicted upon her by her
 25

husband and his relatives. Cruelty within the matrimonial sphere can manifest
in various forms, including physical violence, emotional abuse, financial
exploitation, and psychological manipulation. This chapter delves into the
legal provisions and remedies available to victims of cruelty perpetrated by
husbands and their relatives. The provisions related to cruelty by husband and
relatives of husbands has been given in IPC under section 498a as follows:
Section 498A: Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman,

subjects such woman to cruelty shall be punished with imprisonment for a
term which may extend to three years and shall also be liable to fine.
Explanation: For the purposes of this section, "cruelty means"-
(a) any willful conduct which is of such a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to life, limb or health
(whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet such demand.

Key Provisions and Interpretations:

Definition of Cruelty: The term "cruelty" in Section 498A is broadly interpreted and
encompasses both physical and mental cruelty. It includes any willful conduct that is
likely to drive the woman to commit suicide or cause grave injury to her life, limb, or
health. Mental cruelty can include harassment, verbal abuse, threats, or intimidation.

Punishment: The punishment for the offense under Section 498A is imprisonment
for a term that may extend up to three years and a fine. The severity of the
punishment aims to deter perpetrators from subjecting married women to cruelty.

Applicability: The provision applies to both husbands and their relatives who
subject the woman to cruelty. Relatives of the husband, such as parents,
siblings, or other family members, can be held liable if they are found to be
involved in the commission of the offense.
Non-Bailable and Non-Compoundable: Offenses under Section 498A are non-bailable,
meaning that the accused cannot secure bail as a matter of right and must apply for
bail before the court. Additionally, the offense is non-compoundable, meaning that it
cannot be withdrawn by the complainant without the permission of the court.
Dowry Harassment: Section 498A is often invoked in cases of dowry harassment, where the
wife is subjected to cruelty or harassment for dowry demands. The provision aims to protect
women from such exploitation and provide them with legal recourse against perpetrators.

Challenges and Controversies:

Misuse of the Provision: Section 498A has been criticized for its potential misuse, with
some individuals falsely implicating their spouses or in-laws in dowry harassment cases for
 26

personal vendettas or financial gain. The provision has led to concerns about
the presumption of guilt and the impact on innocent family members.
Dilution of Legal Safeguards: Attempts have been made to dilute or amend
Section 498A to address concerns about its misuse. However, critics argue
that any dilution of the provision could weaken legal safeguards for women
and undermine efforts to combat domestic violence.
Need for Balanced Approach: While addressing concerns about misuse, there is a
need to ensure that legal provisions such as Section 498A continue to provide effective
protection to victims of domestic violence. Balancing the rights of the accused with the
need to protect victims remains a challenge for lawmakers and the judiciary.

Related Case laws: -

12
1. Onkar Nath Mishra & Ors vs State (NCT of Delhi) & Anr.
Facts of the Case:
Onkar Nath Mishra and others were accused of participating in a riot, unlawful assembly, and
causing hurt to individuals during a public altercation. The prosecution's case relied heavily
on eyewitness testimonies and circumstantial evidence to establish the guilt of the accused.

Question of Law:
The primary legal question in this case revolved around whether the evidence
presented by the prosecution was sufficient to prove the guilt of the accused
beyond a reasonable doubt, as required by criminal law.
Issues:
1. The reliability and credibility of the eyewitness testimonies.
2. The consistency and corroborative nature of the evidence presented by the prosecution.

3. Whether the actions of the accused amounted to the offenses charged.

Question of Fact:
The central factual question was whether the accused individuals were indeed involved in
the alleged offenses as claimed by the prosecution. This included determining their
presence at the scene of the incident and their participation in the unlawful activities.

Court's Discretion:
The court exercised its discretion by meticulously evaluating the evidence presented by the
prosecution, including witness testimonies and any corroborating evidence. It weighed the
credibility of the witnesses, assessed the consistency of their accounts, and scrutinized the
circumstantial evidence to arrive at a decision regarding the guilt or innocence of the accused.

12
(2008) 2 SCC 561
 27

13
2. Sushil Kumar Sharma vs Union of India and Ors.
Facts of the Case:
Sushil Kumar Sharma was accused of subjecting his wife to cruelty for dowry,
resulting in her death due to burns. The case involved charges under the Dowry
Prohibition Act and relevant sections of the Indian Penal Code. The prosecution's
case primarily rested on the testimony of witnesses and circumstantial evidence.
Question of Law:
The central legal issue was whether the evidence presented by the prosecution
established the guilt of the accused beyond a reasonable doubt, particularly concerning
the charges of dowry-related harassment leading to the death of the victim.

Issues:
1. Whether the death of Sharma's wife was a consequence of dowry-related
harassment or other factors.
2. Whether there was sufficient evidence to establish a direct link between the
alleged cruelty and the victim's death.
3. Whether the prosecution's evidence was credible and reliable.
Question of Fact:
The primary factual question revolved around whether Sharma and others had
indeed subjected the victim to dowry-related harassment and whether such
harassment directly led to her tragic demise.
Court's Discretion:
The court exercised its discretion by carefully scrutinizing the evidence presented
by both the prosecution and the defense. It assessed the credibility of witnesses,
evaluated the circumstantial evidence, and deliberated on the causal link between
the alleged harassment and the victim's death before rendering its verdict.

4.3 Punishment for voluntarily causing hurt.

According to section 323 of I.P.C. Whoever, except in the case provided for
by section 334, voluntarily causes hurt, shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.

Voluntarily causing hurt on provocation:

According to section 334 of I.P.C. Whoever voluntarily causes hurt on grave
and sudden provocation, if he neither intends nor knows himself to be likely to
cause hurt to any person other than the person who gave the provocation, shall
be punished with imprisonment of either description for a term which may extend
to one month, or with fine which may extend to five hundred rupees, or with both.

13
AIR 2005 SC 3100
 28

CHAPTER 5
Domestic Violence
Domestic violence is a pervasive and deeply concerning issue that affects
individuals and families worldwide, transcending geographical, cultural, and
socioeconomic boundaries. In India, domestic violence has been recognized as a
serious social problem, prompting legislative and judicial interventions aimed at
providing protection and recourse for victims. This chapter delves into the legal
framework surrounding domestic violence in India, exploring key laws and significant
case precedents that have shaped its interpretation and implementation.

Domestic violence is a multifaceted issue that transcends boundaries of

geography, culture, and socio-economic status. In India, it manifests in various forms,
including physical, emotional, sexual, and economic abuse within the confines of
familial or intimate relationships. Recognizing the gravity of this problem, India has
instituted legal mechanisms to address and prevent domestic violence. This chapter
explores the legal framework governing domestic violence in India, along with notable
case laws that have shaped its interpretation and implementation.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA):

Enacted in 2005, the PWDVA provides a comprehensive legal framework to address
domestic violence against women. It defines domestic violence to include not only
physical abuse but also emotional, sexual, verbal, and economic abuse. The Act
recognizes the right of women to live a life free from violence and provides for various
protective measures, including protection orders, residence orders, and monetary relief.

The IPC contains several provisions relevant to domestic violence cases. Section
498A deals with cruelty by husbands or their relatives, while Section 304B addresses
dowry deaths. Additionally, Section 306 covers abetment of suicide, which often
occurs in the context of domestic abuse. These provisions serve as additional tools
for prosecuting perpetrators of domestic violence and related offences.

The important sections of the said act are as follows:

Section 12. Application of Magistrate.

(1) An aggrieved person or a Protection Officer or any other person on behalf

of the aggrieved person may present an application to the Magistrate seeking
one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate
shall take into consideration any domestic incident report received by him
from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance
of an order for payment of compensation or damages without prejudice to the
right of such person to institute a suit for compensation or damages for the
injuries caused by the acts of domestic violence committed by the respondent:
 29

Provided that where a decree for any amount as compensation or damages has been
passed by any court in favor of the aggrieved person, the amount, if any, paid or payable
in pursuance of the order made by the Magistrate under this Act shall be set off against
the amount payable under such decree and the decree shall, notwithstanding anything
contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time
being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain
such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily
be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall Endeavour to dispose of every application made under sub-section
(1) within a period of sixty days from the date of its first hearing.
Section 17. Right to reside in a shared household.
(1) Notwithstanding anything contained in any other law for the time being in force,
every woman in a domestic relationship shall have the right to reside in the shared
household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any
part of it by the respondent save in accordance with the procedure established by law.

Section 18. Protection orders.

The Magistrate may, after giving the aggrieved person and the respondent an
opportunity of being heard and on being prima facie satisfied that domestic
violence has taken place or is likely to take place, pass a protection order in
favor of the aggrieved person and prohibit the respondent from--
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved
is a child, its school or any other place frequented by the aggrieved person;

(d) attempting to communicate in any form, whatsoever, with the aggrieved

person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or
enjoyed by both the parties, jointly by the aggrieved person and the respondent or
singly by the respondent, including her stridhan or any other property held either
jointly by the parties or separately by them without the leave of the Magistrate;

(f) causing violence to the dependents, other relatives or any person who give
the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.
 30

Section 19. Residence orders.

(1) While disposing of an application under sub-section (1) of section12, the Magistrate
may, on being satisfied that domestic violence has taken place, pass a residence order--

(a) restraining the respondent from dispossessing or in any other manner disturbing
the possession of the aggrieved person from the shared household, whether or not
the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion
of the shared household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared
household or encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared
household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation
for the aggrieved person as enjoyed by her in the shared household or to pay
rent for the same, if the circumstances so require:
Provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other
direction which he may deem reasonably necessary to protect or to provide for
the safety of the aggrieved person or any child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or
without sureties, for preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of
the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section
(3), the court may also pass an order directing the officer in charge of the nearest
police station to give protection to the aggrieved person or to assist her or the
person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose
on the respondent obligations relating to the discharge of rent and other
payments, having regard to the financial needs and resources of the parties.
(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction
the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved
person her stridhan or any other property or valuable security to which she is entitled to.
 31

Section 20. Monetary reliefs.

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate
may direct the respondent to pay monetary relief to meet the expenses incurred and
losses suffered by the aggrieved person and any child of the aggrieved person as a result
of the domestic violence and such relief may include, but not limited to -

(a) the loss of earnings;

(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property
from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an
order under or in addition to an order of maintenance under section 125 of the Code of
Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable
and consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or
monthly payments of maintenance, as the nature and circumstances of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section
(1) to the parties to the application and to the in charge of the police station
within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved
person within the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order
under sub-section (1), the Magistrate may direct the employer or a debtor of the
respondent, to directly pay to the aggrieved person or to deposit with the court a portion
of the wages or salaries or debt due to or accrued to the credit of the respondent, which
amount may be adjusted towards the monetary relief payable by the respondent.

Section 21. Custody orders.

Notwithstanding anything contained in any other law for the time being in force, the
Magistrate may, at any stage of hearing of the application for protection order or for
any other relief under this Act grant temporary custody of any child or children to the
aggrieved person or the person making an application on her behalf and specify, if
necessary, the arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may be
harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.

Section 22. Compensation orders.

In addition to other reliefs as may be granted under this Act, the Magistrate may on an application
being made by the aggrieved person, pass an order directing the respondent to pay
 32

compensation and damages for the injuries, including mental torture and emotional
distress, caused by the acts of domestic violence committed by that respondent.

Section 23. Power to grant interim and ex parte orders.

(1) In any proceeding before him under this Act, the Magistrate may pass such
interim order as he deems just and proper.
(2) If the Magistrate is satisfied that, an application prima facie discloses that the
respondent is committing, or has committed an act of domestic violence or that
there is a likelihood that the respondent may commit an act of domestic violence,
he may grant an ex parte order on the basis of the affidavit in such form, as may
be prescribed, of the aggrieved person under section18, section 19, section 20,
section 21 or, as the case may be, section 22 against the respondent.

Leading Case Laws:

14
1. Indra Sarma vs. V.K.V. Sarma
In this landmark case, the Supreme Court of India expanded the scope of the PWDVA
to include protection for women in live-in relationships. The court held that the Act is
intended to safeguard women from domestic violence irrespective of their marital
status, emphasizing the need for a broad interpretation to achieve its objectives.
15
2. S.R. Batra vs. Taruna Batra
This case clarified the definition of "domestic relationship" under the PWDVA, extending
its coverage to include relationships between family members living together in a shared
household. The court emphasized that the Act is intended to protect individuals from
violence and abuse within the domestic sphere, regardless of their legal or biological ties.
16
3. SSS Arnesh Kumar vs. State of Bihar
While not directly related to domestic violence, this case addressed concerns
regarding the misuse of Section 498A of the IPC, which deals with cruelty by
husbands or their relatives. The Supreme Court issued guidelines to prevent arbitrary
arrests and harassment of individuals based on false allegations of dowry
harassment, emphasizing the importance of fair investigation and due process.

Domestic violence remains a pervasive and complex issue in India, with far-
reaching consequences for individuals, families, and society. However, the legal
framework established through laws such as the PWDVA, along with judicial
pronouncements interpreting and enforcing these laws, has provided critical
avenues for victims to seek protection and redressal. By continuously evolving
and adapting to the evolving dynamics of domestic relationships, India's legal
system strives to uphold the rights and dignity of all individuals, irrespective of
gender or marital status, and combat domestic violence effectively.

14 2013 (15) SCC 755

15 (2007) 3 SCC 169
16 (2014) 8 SCC 273
 33

CHAPTER 6
Divorce
In India, divorce laws are governed by various personal laws depending on an
individual's religion, including Hindu, Muslim, Christian, Parsi, and Special Marriage Act
for interfaith marriages. Each personal law has its own set of grounds, procedures, and
requirements for obtaining a divorce. However, the concept of divorce has evolved over
the years, with changes in societal norms, legal reforms, and judicial interpretations.

6.1 Grounds of Divorce:

1. Hindu Marriage Act, 1955:
Adultery: Adultery refers to the voluntary sexual intercourse of a married person with
someone other than their spouse. In the context of divorce, it's a serious violation of
the marital bond. To prove adultery, the petitioner must provide evidence of a physical
relationship outside of marriage. Adultery is listed as a ground for divorce under
Section 13(1)(i) of the Hindu Marriage Act, 1955. It's essential to note that isolated
instances of infidelity may not always constitute adultery for legal purposes; there
must be sufficient evidence of an ongoing extramarital relationship.

Cruelty: Section 13(1) (i-a) of the Act allows divorce on grounds of cruelty. Cruelty
can manifest in various forms, including physical abuse, verbal insults, emotional
manipulation, threats, or consistent neglect. The conduct of the respondent must
be of such a nature that it makes it intolerable for the petitioner to continue living
with them. Evidence such as medical records, witness testimonies, or
documentary proof may be presented to substantiate claims of cruelty.
Desertion: Desertion occurs when one spouse willfully abandons the other without
reasonable cause and without their consent for a continuous period of at least two
years prior to the filing of the divorce petition. Section 13(1) (i-b) of the Act recognizes
desertion as a ground for divorce, provided the petitioner can prove the absence of
consent and reasonable cause for the desertion. Proof of communication attempts,
financial support, or efforts to reconcile may be presented to establish desertion.
Conversion: If one spouse converts to another religion after marriage, it constitutes a valid
ground for divorce under Section 13(1)(ii) of the Hindu Marriage Act. Conversion can
significantly impact the dynamics of the marital relationship, leading to irreconcilable
differences and religious conflicts. Evidence of the conversion, such as religious conversion
certificates or public declarations, may be presented in court to support the divorce petition.

Mental Disorder: Section 13(1)(iii) of the Act allows divorce if one spouse is incurably of
unsound mind or has been suffering continuously or intermittently from a mental disorder of
such a nature that the petitioner cannot reasonably be expected to live with the respondent.
Mental illness poses significant challenges to marital harmony and may warrant dissolution of
the marriage to safeguard the interests of both parties. Medical reports, expert testimonies, or
records of psychiatric treatment may be submitted as evidence of mental disorder.
 34

Renunciation of the World: If a spouse renounces the world and enters a religious order,
it constitutes a ground for divorce under Section 13(1)(iv) of the Act. This provision
recognizes the fundamental change in lifestyle and priorities of the renouncing spouse,
which may render the continuation of the marital relationship impractical or incompatible.
Documentary evidence of the spouse's renunciation, such as religious vows or
membership in a religious order, may be presented in court.

2. Muslim Personal Law:

Talaq (Divorce by Husband): In Muslim Personal Law, a husband has the unilateral right
to divorce his wife by pronouncing talaq. The reasons for talaq can vary and need not be
specified. However, the Supreme Court has ruled that arbitrary and instant triple talaq
(Talaq-e-Biddat) is unconstitutional. The pronouncement of talaq must conform to the
principles of fairness and due process. Evidence of the talaq pronouncement, witnesses,
or communication records may be presented in court to validate the divorce petition.

Khula (Divorce by Wife): Khula is a form of divorce initiated by the wife, where she seeks
dissolution of marriage by offering some consideration to the husband. The grounds for
khula may include cruelty, desertion, impotence, or any other valid reason recognized
under Islamic law. The wife must file a khula petition in court, providing reasons for
seeking divorce and offering reasonable compensation to the husband in exchange for
the dissolution of the marriage. Witness testimonies, documentary evidence, or expert
opinions may be presented to support the khula petition.

3. Special Marriage Act, 1954:

Adultery: Adultery is considered a ground for divorce under Section 27(1)(a) of the Special
Marriage Act, 1954. It refers to voluntary sexual intercourse by a married person with someone
other than their spouse. Adultery undermines the sanctity of marriage and constitutes a
breach of the marital contract. Evidence such as witness testimonies, communication records,
or surveillance footage may be presented to prove adultery in court.

Cruelty: Section 27(1)(d) of the Act provides for divorce on grounds of cruelty. Cruelty
may be physical, mental, or emotional in nature and must be of such a degree that it
makes it impossible for the petitioner to continue living with the respondent.
Evidence of cruel conduct, such as medical records, witness testimonies, or expert
opinions, may be submitted to substantiate claims of cruelty in court.

Desertion: Desertion by one spouse for a continuous period of at least two years
preceding the filing of the divorce petition is recognized as a ground for divorce under
Section 27(1)(f) of the Act. Desertion implies the intentional abandonment of the marital
relationship without reasonable cause or consent. Proof of communication attempts,
financial support, or efforts to reconcile may be presented to establish desertion in court.

Conversion: If one spouse converts to another religion after marriage, it constitutes a ground
for divorce under Section 27(1)(g) of the Act. Conversion can lead to religious conflicts and
incompatible lifestyles, making it challenging to sustain the marital bond. Evidence of the
 35

conversion, such as religious conversion certificates or public declarations,

may be presented in court to support the divorce petition.
Mental Disorder: Section 27(1)(c) of the Act allows divorce if one spouse is
incurably of unsound mind or has been suffering continuously or intermittently
from a mental disorder. Mental illness can significantly impair the ability of the
affected spouse to fulfill marital obligations, thereby warranting dissolution of the
marriage. Medical reports, expert testimonies, or records of psychiatric treatment
may be submitted as evidence of mental disorder.
Venereal Disease: If a spouse is suffering from a communicable venereal disease, it is
considered a ground for divorce under Section 27(1)(e) of the Act. The presence of a
venereal disease poses health risks and may jeopardize the well-being of the other
spouse, justifying the dissolution of the marriage. Medical reports, test results, or expert
opinions may be presented in court to prove the existence of a venereal disease.

Related case Laws:

17
1. Vishnu Dutt Sharma v. Manju Sharma
Facts of the Case: Vishnu Dutt Sharma (the petitioner) and Manju Sharma (the
respondent) were married under the Hindu Marriage Act, 1955. The petitioner
alleged that the respondent had subjected him to mental cruelty by constantly
abusing, insulting, and threatening him. He contended that the respondent's
conduct had made it impossible for him to continue living with her.
Question of Fact: The key question before the court was whether the
respondent's behavior towards the petitioner amounted to mental cruelty as
defined under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Question of Law: The court needed to determine the scope and applicability of the
concept of mental cruelty as a ground for divorce under the Hindu Marriage Act, 1955.

Court's Reasoning: The Supreme Court analyzed the evidence presented by both parties,
including witness testimonies and documentary proof of the respondent's behavior. The court
observed that the petitioner had suffered significant emotional distress due to the
respondent's abusive conduct. The court emphasized that mental cruelty is a subjective
concept and must be assessed based on the impact it has on the petitioner's mental well-
being. Considering the totality of circumstances, the court concluded that the respondent's
behavior amounted to mental cruelty as defined under the Hindu Marriage Act, 1955.

Decision: The Supreme Court granted a divorce to the petitioner on the

grounds of mental cruelty, as provided under Section 13(1) (i-a) of the Hindu
Marriage Act, 1955. The court held that the petitioner was entitled to relief
from the intolerable marital relationship due to the respondent's conduct.

17
2009(6) SCC 379
 36

18
2. Savitri Pandey v. Prem Chandra Pandey
Facts of the Case: Savitri Pandey (the petitioner) filed for divorce from her
husband, Prem Chandra Pandey (the respondent), on the grounds of desertion.
She alleged that the respondent had abandoned her without reasonable cause
and without her consent for a continuous period of more than two years.
Question of Fact: The primary question before the court was whether the respondent
had indeed deserted the petitioner for a continuous period of more than two years.

Question of Law: The court needed to determine the legal principles governing
desertion as a ground for divorce under the Hindu Marriage Act, 1955, and
whether the petitioner had met the evidentiary burden to establish desertion.
Court's Reasoning: The Supreme Court examined the evidence presented by the petitioner,
including witness testimonies and documentary proof of the respondent's absence. The court
noted that the petitioner had made several efforts to reconcile with the respondent but to no avail.
Based on the preponderance of evidence, the court concluded that the respondent had indeed
deserted the petitioner for a continuous period of more than two years.

Decision: The Supreme Court granted a divorce to the petitioner on the grounds of
desertion, as provided under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The
court held that the petitioner had satisfactorily established the factum of separation
and the intention of the respondent to bring cohabitation permanently to an end.
19
3. Dolly Rani v Manish Kumar Chanchal

In a latest judgement of supreme court, the transfer petition has been

filed under Section 25 of the Code of Civil Procedure, 1908 (for short,
“CPC”) by the petitioner-wife seeking the following reliefs:
a. “To transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage
Act, 1955 bearing Matrimonial Case No. 82/2023 titled "Manish Kumar v/s Doly
Singh" pending before the Court of Principal Judge, Family Court, Muzaffarpur,
Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand; and
b. Pass such other and further orders and/ or directions as deemed just and
proper by this Hon'ble Court in the facts and circumstances of the case.”

During the pendency of this petition the parties have decided to resolve
that dispute by filing a joint application under Article 142 of the
Constitution of India seeking certain reliefs as referred to later.

Facts of the case:

Briefly stated, the facts of the case are that the petitioner and the respondent are
trained commercial pilots. The parties 2 were engaged to be married on 07.03.2021.
The petitioner and respondent claimed to have ‘solemnized’ their marriage on
07.07.2021. They obtained a “marriage certificate” from Vadik Jankalyan Samiti
(Regd.). Based on this certificate, they obtained a “Certificate of Registration of

18 AIR 2002 SC 591

19 2024 INSC 398
 37

Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017.

The respective families of the parties fixed the date for performing the
marriage ceremony as per Hindu rites and customs on 25.10.2022.
Meanwhile, the petitioner and respondent lived separately but nevertheless,
differences ignited between them. According to the petitioner, there was demand
for dowry made by respondent’s family. On 17.11.2022, the petitioner filed an FIR
under Sections 498A, 420, 506, 509, 34 of the Indian Penal Code, 1860 (for short,
“IPC”) and Sections 3,4 of the Dowry Prohibition Act, 1961 (for short, “DP Act”)
against the respondent and his family members alleging harassment.
Thereafter on 13.03.2023, the respondent approached the Court of Principal Judge,
Family Court, Muzaffarpur, Bihar by filing a petition for divorce under Section 13(1) (i-a)
of the Act in Matrimonial Case No.82/2023. Being aggrieved by this fact as the
petitioner-wife is currently residing in Ranchi, Jharkhand with her parents, she filed the
present transfer 3 petition seeking to transfer the divorce petition under Section 13(l )
(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) bearing
Matrimonial Case No. 82/2023 titled "Manish Kumar v/s Doly Singh" pending before the
Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal
Judge, Family Court, Ranchi Jharkhand.

Learned counsel for the petitioner: submitted that the respondent has
filed a Matrimonial Case No.82/2023 under Section 13(1) (i-a) of the Act
seeking a decree of divorce as against the petitioner herein whereas
there being no marriage between the parties in the eyes of the law, the
respondent could not have sought for by the said decree.
Learned counsel for the respondent: also submitted that indeed there was no marriage
in accordance with Section 7 of the Act inasmuch as the requisites of a valid Hindu
marriage insofar as ceremonies are concerned, were not complied with but having no
other recourse, the respondent was constrained to file M.C. No.82/2023 as the
“marriage” between the parties was registered before the Registrar of Marriages.
Learned counsel for the respective parties further submitted that
during the pendency of this transfer petition, the parties have discussed
the matter and they have agreed to file a joint application under Article
142 of the Constitution 4 of India seeking the following prayers:

(i) Grant a decree of declaration that the marriage dated 07.07.2021

between the parties is not valid in the eye of law by exercising its
jurisdiction under Article 142 of the Constitution of India.
(ii) Consequently, grant a decree of declaration that the certificate
dated 07.07.2021 issued by under the Uttar Pradesh Registration
Rule, 2017, and certificate dated 07.07.2021 issued by the Vadik
Jankalyan Samiti (Regd.) are null and void.
(iii) Take on record the terms and conditions of settlement as stated
in paragraph 5 of this application.
(iv) Pass any other order/direction that this Court may deem fit and
necessary in the facts and circumstances of the case.
 38

They submitted that since there was no valid marriage in the eye of the law,
the parties seek a declaration to the effect that the so-called marriage dated
07.07.2021 was not valid in the law and therefore, a declaration may be granted
to that effect. Consequently, the Certificate dated 07.07.2021 issued under the
Uttar Pradesh Registration Rules, 2017 and another certificate dated 07.07.2021
issued by the Vadik Jankalyan Samiti (Regd.) are also null and void and would
pale into insignificance in view of there being no valid Hindu marriage and,
therefore, the same may also be declared null and void.

Section 7 of the Act reads as under:

Ceremonies for a Hindu marriage. —
(1) A Hindu marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking
of seven steps by the bridegroom and the bride jointly before the sacred fire),
the marriage becomes complete and binding when the seventh step is taken.”
Section 7 of the Act speaks about ceremonies of a Hindu marriage. Sub-
section (1) uses the word “solemnised”. The word “solemnised” means to
perform the marriage with ceremonies in proper form. Unless and until the
marriage is performed with appropriate ceremonies and in due form, it cannot
be said to be 7 “solemnised”. Further, sub-section (2) of Section 7 states that
where such rites and ceremonies include the saptapadi, i.e., the taking of
seven steps by the bridegroom and the bride jointly before the sacred fire, the
marriage becomes complete and binding when the seventh step is taken.

Therefore, requisite ceremonies for the solemnisation of the Hindu marriage must
be in accordance with the applicable customs or usage and where saptapadi has
been adopted, the marriage becomes complete and binding when the seventh step
is taken. Where a Hindu marriage is not performed in accordance with the
applicable rites or ceremonies such as saptapadi when included, the marriage will
not be construed as a Hindu marriage. In other words, for a valid marriage under
the Act, the requisite ceremonies have to be performed and there must be proof of
performance of the said ceremony when an issue/controversy arise. Unless the
parties have undergone such ceremony, there would be no Hindu marriage
according to Section 7 of the Act and a mere issuance of a certificate by an entity
in the absence of the requisite ceremonies having been performed, would neither
confirm any marital status to the parties nor establish a marriage under Hindu law.

Marriage Registration:
the Marriage Registration Officer registered the marriage which is under Section 8 of
the Act. Section 8 of the Act reads as under: “8. Registration of Hindu marriages. —

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government
may make rules providing that the parties to any such marriage may have the
particulars relating to their marriage entered in such manner and subject to such
conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
 39

(2) Notwithstanding anything contained in sub-section (1), the State Government may,
if it is of opinion that it is necessary or expedient so to do, provide that the entering of
the particulars referred to in sub-section (1) shall be compulsory in the State or in any
part thereof, whether in all cases or in such cases as may be specified, and where any
such direction has been issued, any person contravening any rule made in this behalf
shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for
inspection, and shall be admissible as evidence of the statements
therein contained and certified extracts therefrom shall, on application,
be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any
Hindu marriage shall in no way be affected by the omission to make the entry.”

Under Section 8 of the Act, it is open for two Hindus married under the
provisions of the Act to have their marriage registered provided they fulfil
the conditions laid down therein regarding performance of requisite
ceremonies. It is only when the marriage is solemnised in accordance with
Section 7, there can be a marriage registered under Section 8. The State
Governments have the power to make rules relating to the registration of
marriages between two Hindus solemnised by way of requisite ceremonies.
The advantage of registration is that it facilitates proof of factum of marriage in a
disputed case. 10 But if there has been no marriage in accordance with Section 7, the
registration would not confer legitimacy to the marriage. We find that the registration
of Hindu marriages under the said provision is only to facilitate the proof of a Hindu
marriage but for that, there has to be a Hindu marriage in accordance with Section 7 of
the Act inasmuch as there must be a marriage ceremony which has taken place
between the parties in accordance with the said provision. Although the parties may
have complied with the requisite conditions for a valid Hindu marriage as per Section 5
of the Act in the absence of there being a “Hindu marriage” in accordance with Section
7 of the Act, i.e., solemnization of such a marriage, there would be no Hindu marriage
in the eye of law. In the absence of there being a valid Hindu marriage, the Marriage
Registration Officer cannot register such a marriage under the provisions of Section 8
of the Act. Therefore, if a certificate is issued stating that the couple had undergone
marriage and if the marriage ceremony had not been performed in accordance with
Section 7 of the Act, then the registration of such marriage under Section 8 would not
confer any legitimacy to such a marriage. The registration of a marriage under Section
8 of the Act is only to confirm that the parties have undergone a valid marriage
ceremony in accordance with Section 7 of the Act. In other words, a certificate of 11
marriage is a proof of validity of Hindu marriage only when such a marriage has taken
place and not in a case where there is no marriage ceremony performed at all.
 40

Court’s reasoning:
The court further observe that a Hindu marriage is a sacrament and has a sacred
character. In the context of saptapadi in a Hindu marriage, according to Rig Veda,
after completing the seventh step (saptapadi) the bridegroom says to his bride,
“With seven steps we have become friends (sakha). May I attain to friendship with
thee; may I not be separated from thy friendship”. A wife is considered to be half
of oneself (ardhangini) but to be accepted with an identity of her own and to be a
co-equal partner in the marriage. There is nothing like a “better-half” in a marriage
but the spouses are equal halves in a marriage. In Hindu Law, as already noted,
marriage is a sacrament or a samskara. It is the foundation for a new family.

With the passage of centuries and the enactment of the Act, monogamy is the only
legally approved form of relationship between a husband and a wife. The Act has
categorically discarded polyandry and polygamy and all other such types of
relationships. The intent of the Parliament is also that there should be only one form of
marriage having varied rites and customs and rituals. Thus, when the Act came into
force on 18.05.1955, it has amended and codified the law relating to marriage among
Hindus. The Act encompasses not only Hindus as such but Lingayats, Brahmos,
Aryasamajists, Buddhists, Jains and Sikhs also who can enter into a valid Hindu
marriage coming within the expansive connotation of the word Hindu.

The promises made to each by the parties to a Hindu marriage and the oath taken by
them to remain friends forever lay the foundation for a life-long commitment between
the spouses which should be realized by them. If such commitment to each other is
adhered to by the couple, then there would be far fewer cases of breakdown of
marriages leading to divorce or separation. But in the instant case, the above
parameters have not been followed by the parties herein. In the circumstances, we
declare that the ‘marriage’ dated 07.07.2021 between the parties is not a ‘Hindu
marriage’ having regard to the provisions of Section 7 of the Act. Consequently, the
certificate issued by the Vadik Jankalyan Samiti (Regd.) dated 07.07.2021 is declared
null and void. In view of the above the Certificate issued under the Uttar Pradesh
Registration Rules, 2017 dated 07.07.2021 is also declared null and void.

Decision:
In view of the aforesaid declaration, it is further declared that the petitioner and
the respondent were not married in accordance with the provisions of the Act and
therefore, they have never acquired the status of husband and wife. Consequently,
the three cases filed by the parties against each other stand quashed, namely, -

“(a) The divorce petition Matrimonial Case No.82/2023 filed by the

respondent/Manish Chanchal, which is pending before the Family Court
at Muzaffarpur, Bihar;
(b) The Maintenance Case No.326/2023 filed by petitioner/Doly Rani at
Ranchi, Jharkhand;
 41

(c) The criminal case FIR No.463/2022 initiated at PS Sukhdev Nagar,

Ranchi by the petitioner/Doly Rani and proceedings thereunder, against
the respondent/Manish Chanchal and his parents.”
In view of the above, the application filed under Article 142 of the
Constitution is allowed. Consequently, the Transfer Petition stands
disposed. Pending application(s), if any, shall stand disposed of.
 42

CHAPTER 7
Hight Court’s Special Power

Section 482. Saving of inherent power of High Court.

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High
Court to make such orders as may be necessary to give effect to any order under this Code, or
to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Section 482 of the Criminal Procedure Code (Cr.P.C.) confers inherent powers upon the
High Courts to pass such orders as may be necessary to prevent abuse of the process of any
court or to secure the ends of justice. This provision acts as a reservoir of power for the High
Courts to intervene in matters where the interest of justice demands, even if there is no
specific provision under the Cr.P.C. empowering them to do so. Section 482 embodies the
principle that justice should prevail over technicalities and procedural limitations.

Section 482 of the Cr.P.C. empowers the High Courts to intervene in matters
where the interest of justice demands, even in the absence of specific statutory
provisions. Through leading case laws, the judiciary has delineated the contours
of the inherent powers under Section 482 and provided guidelines for their
exercise. While these powers serve as a safeguard against abuse of the legal
process, their invocation requires careful consideration of the facts and
circumstances of each case, with the ultimate goal of securing the ends of justice.
Evolution and Scope:
The provision has its roots in the colonial era and has undergone significant development
through judicial interpretation. Over the years, the scope of Section 482 has expanded to
encompass a wide range of situations where the High Courts can exercise their inherent
powers. These include quashing of FIRs, summoning of accused or witnesses, setting aside
illegal orders, preventing abuse of the process of the court, and rectifying manifest errors.

Related case laws:

20
1. R.P. Kapur v. State of Punjab
Facts of the Case: R.P. Kapur, the petitioner, was facing criminal proceedings
initiated against him for alleged offenses under the Indian Penal Code. He
approached the Supreme Court seeking the quashing of these proceedings,
asserting that they were initiated with mala fide intent and lacked any legal basis.

Question of Fact: The primary question for the court was whether the criminal
proceedings against R.P. Kapur were manifestly false, frivolous, or maliciously
instituted, justifying their quashing under Section 482 of the Cr.P.C.

20
1960 AIR 862
 43

Question of Law: The court had to ascertain the scope and applicability of the
inherent powers vested in the High Courts under Section 482 of the Cr.P.C. to
quash criminal proceedings.
Court's Reasoning: The Supreme Court meticulously scrutinized the allegations made by
R.P. Kapur and the evidence presented before it. It noted the absence of substantive
evidence supporting the charges and observed that the proceedings appeared to be
motivated by extraneous considerations rather than a genuine pursuit of justice. The
court emphasized that the inherent powers under Section 482 should be exercised
sparingly and cautiously but affirmed their utility in preventing abuse of the legal process.

Decision: Considering the circumstances of the case and the interests of justice, the Supreme
Court invoked its inherent powers under Section 482 and quashed the criminal proceedings
against R.P. Kapur. The court underscored the importance of balancing the objectives of
justice and fair play with the need to prevent misuse of legal machinery for ulterior motives.

21
2. State of Haryana v. Bhajan Lal
Facts of the Case: The case arose from a petition filed by the State of Haryana seeking
guidance from the Supreme Court regarding the exercise of inherent powers under Section
482 in the context of quashing First Information Reports (FIRs). The petitioner, Bhajan Lal,
argued that the FIR lodged against him was frivolous and motivated by personal vendetta.

Question of Fact: The central inquiry was whether the FIR lodged against
Bhajan Lal was manifestly false, frivolous, or maliciously instituted, warranting
its quashing under Section 482 of the Cr.P.C.
Question of Law: The court needed to provide comprehensive guidelines for the invocation of
inherent powers under Section 482, especially concerning the quashing of FIRs.

Court's Reasoning: The Supreme Court meticulously analyzed the facts of the case and
the principles governing the exercise of inherent powers under Section 482. It
emphasized that while the courts must be vigilant against abuse of the legal process, they
should also ensure that legitimate prosecutions are not stifled. The court outlined various
scenarios where FIRs could be quashed, including when they were found to be devoid of
substance, filed with ulterior motives, or initiated to harass the accused.

Decision: The Supreme Court laid down detailed guidelines for the exercise of inherent
powers under Section 482 in matters involving the quashing of FIRs. It directed the courts to
adopt a cautious approach and consider the facts and circumstances of each case while
determining whether to quash criminal proceedings. The court reiterated the importance of
preventing misuse of legal processes while upholding the principles of justice and fairness.

22
3. Madhu Limaye v. State of Maharashtra
Facts of the Case: Madhu Limaye, the petitioner, sought the quashing of a criminal complaint
lodged against him, alleging that it was vexatious and intended to harass him. He contended
that the complaint lacked merit and was aimed at stifling his political activities.

21 (1977) 4 SCC 137

22 (1977) 4 SCC 551.
 44

Question of Fact: The key issue before the court was whether the criminal
complaint filed against Madhu Limaye was vexatious and maliciously
instituted, justifying its quashing under Section 482 of the Cr.P.C.
Question of Law: The court had to determine the parameters for invoking
inherent powers under Section 482 to quash criminal complaints.
Court's Reasoning: The Supreme Court meticulously examined the allegations made in the
criminal complaint and the evidence presented by both parties. It noted the absence of
credible evidence supporting the allegations and observed that the complaint appeared to be
politically motivated. The court emphasized that while the inherent powers under Section 482
should be used judiciously, they were indispensable for preventing abuse of the legal process.

Decision: Considering the facts of the case and the interests of justice, the Supreme Court
exercised its inherent powers under Section 482 and quashed the criminal complaint against
Madhu Limaye. The court reaffirmed the principle that inherent powers should be invoked to
advance the cause of justice and prevent the misuse of legal machinery for ulterior motives.

Section 482 of the Criminal Procedure Code (Cr.P.C.) serves as a cornerstone of judicial
discretion, empowering High Courts to intervene to prevent abuse of the legal process and
secure the ends of justice. Through the evolution of jurisprudence surrounding this provision,
courts have demonstrated a nuanced understanding of its scope and application.

The cases discussed exemplify the delicate balance between upholding the rule of
law and ensuring fairness in legal proceedings. R.P. Kapur v. State of Punjab laid
down foundational principles, emphasizing the cautious exercise of inherent powers
under Section 482. Subsequent cases, such as State of Haryana v. Bhajan Lal, Madhu
Limaye v. State of Maharashtra, and Satvinder Kaur v. State (Government of NCT of
Delhi), provided detailed guidance on the invocation of inherent powers, particularly
in matters involving the quashing of criminal proceedings or FIRs.
The judiciary's approach to Section 482 reflects a commitment to safeguarding individual
rights, preventing harassment, and ensuring justice. While acknowledging the importance of
procedural rules, courts have underscored that justice should not be sacrificed at the altar of
technicalities. Instead, inherent powers under Section 482 are wielded judiciously to advance
the cause of justice and maintain the integrity of the legal system.

In conclusion, Section 482 of the Cr.P.C. stands as a potent tool in the hands of the
judiciary, allowing for flexibility and discretion to address the complexities of legal
proceedings. Its judicious application underscores the judiciary's role as a guardian
of justice and protector of individual liberties, ensuring that the legal process serves
its intended purpose while upholding the principles of fairness and equity.
 45

CHAPTER 8
Misuse of Women’s Law

In India, the enactment of laws aimed at safeguarding women's rights marks significant
progress in addressing gender-based discrimination and violence, particularly in areas such
as dowry, maintenance, domestic violence, and divorce. These legislative measures, including
The Protection of Women from Domestic Violence Act (2005), The Dowry Prohibition Act
(1961), and provisions related to maintenance and divorce in the Indian Penal Code and the
Hindu Marriage Act, are pivotal in providing legal recourse for women facing various forms of
abuse and exploitation. However, alongside their intended purpose, these laws have also been
susceptible to misuse, leading to complex legal and social challenges.

The legislative framework for women's rights in India encompasses various aspects of
women's lives, including protection from dowry harassment, maintenance, domestic
violence, and divorce. The Dowry Prohibition Act (1961) prohibits the giving or receiving
of dowry, recognizing the harmful consequences of this practice on women's lives. The
Protection of Women from Domestic Violence Act (2005) recognizes various forms of
abuse, including physical, verbal, emotional, sexual, and economic, and provides for civil
remedies such as protection orders, residence orders, and monetary reliefs for victims.
Additionally, provisions related to maintenance and divorce aim to ensure financial
security and legal recourse for women facing marital discord.

Instances of Misuse:
Despite the noble intentions behind these laws, there have been instances where they
have been misused for personal gain or to settle scores. In cases of dowry harassment,
false accusations are sometimes made against the husband and his family, leading to
legal battles and social stigma. Similarly, provisions related to maintenance and divorce
are sometimes exploited, with women making exaggerated claims or filing false cases to
gain financial advantage or leverage in marital disputes. Instances of false allegations of
domestic violence are also reported, where individuals leverage the legal framework to
settle personal vendettas or gain custody of children.

Factors Contributing to Misuse:

Several factors contribute to the misuse of women's rights laws in India, particularly in
cases related to dowry, maintenance, domestic violence, and divorce. Sociocultural
factors, such as deep-rooted gender biases and patriarchal attitudes, often shape
perceptions and influence behavior. In a society where traditional gender roles are still
prevalent, there is often a tendency to believe the accuser, particularly in cases involving
women. Legal loopholes and ambiguities further exacerbate the problem, as the absence
of stringent penalties for false accusations and delayed justice create opportunities for
exploitation. Personal motivations, including desires for revenge, financial gain, or
gaining advantage in custody battles, also drive misuse.
 46

Impact of Misuse:
The impact of misuse extends far beyond the individuals falsely accused. Victims of false
accusations often endure psychological trauma, damage to their reputation, and financial
strain due to legal expenses. Moreover, the erosion of trust in the legal system and cynicism
towards genuine cases of abuse and discrimination pose significant challenges to achieving
justice and gender equality. Socially, misuse of women's rights laws strains gender relations,
polarizes communities, and impedes progress towards a more inclusive society.

Challenges in Addressing Misuse:

Addressing the issue of misuse presents several challenges, particularly in the context of
dowry, maintenance, domestic violence, and divorce cases. From a legal standpoint,
striking a balance between protecting genuine victims and deterring false accusations
requires careful consideration and reform. There is a need to ensure that the legal
framework provides adequate safeguards against misuse without compromising access
to justice for those in need. Societal challenges, including changing attitudes towards
gender roles and power dynamics, necessitate concerted efforts in education and
awareness-raising. Administrative hurdles, such as improving investigation procedures
and support systems, further complicate the mitigation of misuse.

Mitigating Misuse:
To mitigate the misuse of women's rights laws, a multi-faceted approach is necessary.
Strengthening legal safeguards, such as implementing penalties for false accusations and
establishing screening mechanisms, can help deter misuse while ensuring justice for
genuine victims. Promoting gender-sensitive education and awareness initiatives is
crucial in challenging stereotypes and fostering a culture of respect and equality.
Additionally, enhancing support systems for both victims and the falsely accused can
facilitate reconciliation and minimize the detrimental effects of misuse.

Related case laws:

1. Ramesh v. State of Maharashtra23
Facts of the Case:
Ramesh, a resident of Maharashtra, was accused by his wife, Geeta, of subjecting
her to domestic violence. Geeta alleged that Ramesh physically assaulted her and
demanded dowry from her parents. Ramesh denied these allegations and claimed
that Geeta had filed a false case to harass him and his family.
Issues:
Whether Ramesh was guilty of domestic violence and dowry harassment as alleged by Geeta.

Whether Geeta's accusations were genuine or motivated by personal vendetta.

23
1962 AIR 1908
 47

Question of Fact:
The primary question of fact was whether Ramesh had indeed subjected Geeta to
domestic violence and dowry harassment. Additionally, the court had to determine
the credibility of Geeta's allegations and whether they were supported by evidence.

Question of Law:
The court needed to ascertain the applicability and interpretation of relevant provisions of
the Protection of Women from Domestic Violence Act and the Dowry Prohibition Act in
the context of the case. It also had to consider the legal principles governing the
assessment of evidence in cases of domestic violence and dowry harassment.

Court's Reasoning and Decision:

After considering the evidence presented by both parties, the court found inconsistencies
in Geeta's testimony and lack of corroborative evidence to substantiate her allegations.
Moreover, Ramesh provided witnesses and documents to refute Geeta's claims. The court
observed that Geeta's accusations appeared to be motivated by personal animosity rather
than genuine grievances. Consequently, the court acquitted Ramesh of all charges,
emphasizing the importance of not misusing laws meant for the protection of women.

Conclusion:
In conclusion, while women's rights laws in India represent a significant milestone in the
fight against gender-based discrimination and violence, their misuse poses a serious threat to
justice and equality, especially in cases related to dowry, maintenance, domestic violence, and
divorce. Addressing this issue requires collaborative efforts from all stakeholders, including
policymakers, law enforcement agencies, civil society organizations, and the public. By
strengthening legal safeguards, promoting awareness, and fostering a supportive
environment, India can uphold the principles of gender equality and justice while combating
the misuse of women's rights laws in these critical areas
 48

CHAPTER 9
Bigamy
Bigamy, the act of marrying someone while already being legally married to
another person, is a serious offense with legal and social implications. This chapter
explores the legal framework surrounding bigamy in India, focusing on relevant
provisions of the Hindu Marriage Act, 1955, and the Indian Penal Code (IPC), while
also examining the societal impact and consequences of this unlawful practice.

Bigamy is defined under Section 494 of the Indian Penal Code, which states
that "Whoever, having a husband or wife living, marries in any case in which such
marriage is void by reason of it’s taking place during the life of such husband or
wife, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine." Similarly, Section 495
of the IPC deals with marrying again during the lifetime of a husband or wife from
whom one has been divorced but whose divorce is not yet complete.

Section 5. Conditions for a Hindu marriage. (HMA,1955)

A marriage may be solemnized between any two Hindus, if the following
conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such
a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity

(iii) the bridegroom has completed the age of [twenty-one years] and the bride,
the age of [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;

Section 17. Punishment of bigamy. (HMA,1955)

Any marriage between two Hindus solemnized after the commencement of this Act is void if at
the date of such marriage either party had a husband or wife living; and the provisions of
sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.
 49

Section 494. Marrying again during life-time of husband or wife.

(I.P.C, 1860)
Whoever, having a husband or wife living, marries in any case in which
such marriage is void by reason of it taking place during the life of such
husband or wife, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Exception. —This section does not extend to any person whose marriage with such husband
or wife has been declared void by a Court of competent jurisdiction, nor to any person who
contracts a marriage during the life of a former husband or wife, if such husband or wife, at
the time of the subsequent marriage, shall have been continually absent from such person for
the space of seven years, and shall not have been heard of by such person as being alive
within that time provided the person contracting such subsequent marriage shall, before such
marriage takes place, inform the person with whom such marriage is contracted of the real
state of facts so far as the same are within his or her knowledge.

Section 495. Same offence with concealment of former marriage from

person with whom subsequent marriage is contracted. (I.P.C, 1860)
Whoever commits the offence defined in the last preceding section having
concealed from the person with whom the subsequent marriage is contracted, the
fact of the former marriage, shall be punished with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.

Social Implications of Bigamy:

Bigamy not only violates legal norms but also undermines the sanctity of marriage
and family values in society. It can cause emotional distress, betrayal, and financial
hardships for the first spouse and any children from the prior marriage. Moreover,
bigamy may lead to societal ostracism and tarnish the reputation of the individuals
involved, impacting their personal and professional lives.

Related case Laws:

24
1. Sarla Mudgal vs. Union of India
Our Constitution, under Article 25, gives the freedom to practice and professes any
religion, which also includes the freedom to convert to any religion other than one
assigned to him by birth. However, with diverse religions and personal laws, this
provision is sometimes misused. Bigamy is punishable for all religions under IPC,
except those tribes or communities whose personal law permits polygamy, such as
the Muslim law. In order to practice bigamy, all a person has to do is relinquish his
religion and adopt Islam. The instances of men doing this are not uncommon.

24
1995 AIR 1531
 50

Under the Parsi Marriage and Divorce Act and Special Marriage Act, the second
marriage of any party is void if the first marriage is already subsisting under these
Act. This means that a second marriage is void when the first marriage is still
subsisting. Also, if a person converts to any other religion where polygamy is
allowed and marries another person while his or her first marriage solemnized
before the conversion, is still subsisting, it is not valid because the first marriage
solemnized before conversion is not dissolved yet. However, the Hindu Marriage
Act, 1955 has not specified the status of a person marrying after conversion.

It declares a subsequent marriage between two Hindus is void if their partner

is living, and they have not divorced at that time. This issue was scrutinized by the
Supreme Court at length in the landmark case of Sarla Mudgal & Ors. v. Union of
India and it settled the ambiguity surrounding the rights, duties, and obligations of
people who change religion to defeat the law. The court held that a change of
religion does not permit a person to defeat the provisions of law and to commit
bigamy. A detailed analysis of the case is given below.
25
2. In Vikas Aggarwal v Anubha
The Supreme Court had been approached by the NRI husband whose
defense had been struck off in a maintenance suit filed by the wife in the High
Court as he had not appeared in the High Court despite the High Court's order
directing him to personally appear and giving him several opportunities.
The High court had directed him to personally appear to give clarifications
to the court on the circumstances in which the US court had proceeded with
and granted decree in a divorce petition filed by the husband in the US despite
order of restraint having been issued by the Indian court against the
proceedings in the US. The High Court had also rejected his application for
exemption from personal appearance on the basis that he apprehended that he
would be arrested in the case under Section 498 A, IPC filed by the wife.
The Supreme Court upheld the High Court's order and held that Order X of CPC is
an enabling 'provision that gives powers to courts for certain purposes. The Delhi High
Court was therefore justified in requiring the husband to personally appear before the
Court for his clarification, especially since the affidavit of his counsel in America
annexed with the affidavit filed in the trial court was not enough to clarify the position
and his father, as found by the trial court, could not throw further light in the matter,
having not been present during the proceedings in America.
Also, the inherent powers of the Court under Section 151 C.P.C. can always
be exercised to advance interests of justice and it was open for the Court to
pass a suitable consequential order under Section 151 CPC as may be
necessary for ends of justice or to prevent the abuse of process of Court.

25
(AIR 2002 SC 1796)
 51

CHAPTER 10
Conclusion And Suggestions

The legal framework surrounding matrimonial disputes in our country has

seen a significant change over the last decade. These changes have popularized
mediation in divorce cases because the process of legal separation in itself can
be emotionally draining and cause trauma for individuals. Still, this means of
resolution and settlement provides them privacy and relief to their grievances in a
manner that neither favors one party nor criticizing the other.
Matrimonial disputes are a significant societal issue in India, affecting millions of
families and individuals. These disputes can lead to emotional distress, financial strain,
and even legal battles, causing long-term harm to individuals and the society as a whole.
Addressing matrimonial disputes requires a multifaceted approach that encompasses
legal reforms, social initiatives, and cultural shifts. In today’s life as we know that the
matrimonial disputes get increasing day per day, also I observed in the court during my
internship program that, mostly cases of matrimonial disputes are due to small-small
issues arises between the coup-les and that issues becomes the large face of matrimonial
disputes and the couples are wasting own time and money, also their life.

Also, I observed that in the delay of matrimonial disputes the advocates have very big
role to take a tremendous face of a small issue between the parties. So, in today’s life in
the government as well as the councils should take the appropriate steps to reduce the
matrimonial disputes and those disputes are running in the court, the councils should try
to solve the disputes by the way of mediation process. we will explore various strategies
that can be undertaken to reduce matrimonial disputes in India.

1. Legal Reforms:
a. Strengthening Family Laws: India has a complex legal framework governing
matrimonial disputes, including laws related to marriage, divorce, alimony, and
child custody. There is a need to streamline and modernize these laws to make
them more equitable and accessible to all parties involved.
b. Fast-Track Courts: Establishing specialized courts or fast-track courts to deal specifically
with matrimonial disputes can expedite the resolution process and reduce backlog.

c. Alternative Dispute Resolution (ADR): Promoting ADR mechanisms such as mediation

and arbitration can provide couples with a less adversarial and more amicable way to
resolve their disputes, saving time and money compared to traditional litigation.

2. Awareness and Education:

a. Pre-Marital Counselling: Providing mandatory pre-marital counselling sessions can
help couples better understand each other's expectations, responsibilities, and rights
before entering into marriage, thereby reducing the likelihood of conflicts later on.
 52

b. Legal Literacy: Increasing awareness about matrimonial laws and legal procedures
among the general population, especially in rural and marginalized communities, can
empower individuals to assert their rights and seek timely legal remedies.

c. Gender Sensitization: Conducting gender sensitization programs for both

men and women to challenge traditional gender roles and stereotypes that
often contribute to marital conflicts and inequality.
3. Support Services:
a. Counselling and Support Groups: Establishing counselling centres and support groups
specifically for individuals experiencing matrimonial disputes can provide emotional
support, guidance, and coping mechanisms to help them navigate through difficult times.

b. Financial Assistance: Providing financial assistance or subsidies for individuals

seeking legal representation in matrimonial cases, especially for disadvantaged groups,
can ensure that they have access to justice regardless of their financial status.

c. Child Welfare Services: Prioritizing the welfare of children involved in matrimonial

disputes by providing access to counselling, education, and other support services can
mitigate the negative impact of parental conflicts on their development and well-being.

3. Community Engagement:
a. Community Mediation Programs: Encouraging community leaders and elders to
facilitate mediation and reconciliation efforts within their communities can resolve
disputes at the grassroots level and prevent escalation.

b. Public Awareness Campaigns: Launching public awareness campaigns

through various media channels to promote healthy marital relationships,
conflict resolution skills, and available support services can foster a culture of
respect, understanding, and empathy within society.
c. Collaboration with NGOs: Partnering with non-governmental organizations (NGOs) and
civil society groups that specialize in family welfare and dispute resolution to implement
outreach programs and provide assistance to affected individuals and families.

How spirituality is effective:

Spirituality can indeed play a significant role in reducing matrimonial disputes and
fostering happier families, both in India and in developed countries. Here's how:

1. Cultivating Compassion and Empathy: Spirituality often encourages

individuals to cultivate compassion and empathy towards others. When
spouses approach their relationship with understanding and empathy, they
are more likely to resolve conflicts peacefully and with mutual respect.
2. Promoting Forgiveness: Many spiritual teachings emphasize the importance of
forgiveness. In marital relationships, forgiveness can help couples let go of past
grievances and move forward with a renewed sense of harmony and understanding.
 53

3. Stress Reduction: Practices such as meditation, prayer, and mindfulness,

which are often associated with spirituality, can help individuals manage
stress more effectively. Lower stress levels can contribute to healthier
communication and reduced tension within the family.
4. Encouraging Gratitude: Spirituality often promotes gratitude for life's blessings.
Couples who regularly express gratitude for each other and for their relationship
are likely to experience greater satisfaction and fulfillment in their marriage.
5. Fostering a Sense of Purpose: Many spiritual traditions emphasize the
importance of serving others and living with a sense of purpose. Couples who
share a common spiritual path may find deeper meaning in their relationship
and a shared commitment to supporting each other's growth and well-being.
6. Providing a Moral Compass: Spiritual teachings often provide a moral
compass for individuals, guiding them towards ethical behavior and integrity
in their interactions with others, including their spouse and family members.
7. Building Resilience: Spirituality can help individuals develop resilience in the face of
challenges. Couples who draw on their spiritual beliefs and practices during difficult
times may find strength and support to navigate marital conflicts more effectively.
8. Encouraging Communication: Many spiritual traditions emphasize the
importance of open and honest communication. Couples who share a
spiritual connection may be more inclined to engage in meaningful
dialogue, listening with empathy and expressing themselves authentically.
9. Creating Rituals and Traditions: Spirituality often involves rituals and
traditions that can strengthen the bond between family members. Whether it's
celebrating religious holidays together or engaging in daily spiritual practices
as a couple, these rituals can foster a sense of unity and connection.
10. Promoting Self-Reflection: Spiritual practices often encourage individuals to engage in
self-reflection and introspection. Couples who take time to reflect on their own
thoughts, feelings, and behaviors may gain deeper insights into themselves and their
relationship dynamics, leading to greater self-awareness and personal growth.

In summary, spirituality can serve as a powerful tool for promoting harmony,

understanding, and happiness within marital relationships, regardless of cultural or
geographic differences. By fostering compassion, forgiveness, gratitude, and resilience,
spiritual beliefs and practices can help couples navigate challenges more effectively and
cultivate a deeper sense of connection and fulfillment in their marriage.
 54

References

Bibliography:
1. Hindu Law by Mulla, Satyajeet A Desai.
2. Modern Hindu Law by Paras Diwan.
3. Hindu Law book by Justice R.K. Agarwal.
4. Principles of Hindu Law by Dinshah Fardunji Mulla.
5. Hindu Law by J.P. Mishra.

Bare Acts:
1. The Hindu Marriage Act, 1955.
2. The Hindu Adoptions and Maintenance Act, 1956.
3. The Constitution of India.
4. Indian Penal Code, 1860.
5. The Code of Criminal Procedure, 1973.
6. Code of Civil Procedure, 1908.
7. Family Courts Act, 1984.

Webliography:
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55