L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999

Experienced Advocate with 30 years of professional legal practice, having been enrolled with the Bar in 1996. Online Legal Consultant for NRIs. [phone]

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The Special Marriage Act, 1954, applies to interfaith or civil marriages. Section 24 outlines the annulment provisions for voidable marriages.
Grounds for Annulment: Marriage not consummated due to impotency. Consent obtained through coercion or fraud.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Applicable to Christians, the Indian Divorce Act, 1869, governs annulment under Sections 18 and 19.
Grounds for Annulment: Marriage within prohibited degrees. Lack of valid consent. Non-consummation of marriage.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Annulment is applicable to interfaith marriages. Such marriages are governed by the Special Marriage Act, 1954, and the grounds for annulment include fraud, coercion, lack of valid consent, or non-consummation of the marriage.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

once a court issues a decree of annulment, the marriage is declared null and void as if it never existed. This means you are legally free to remarry after the annulment.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The person seeking the divorce has to prove the grounds of the divorce and should have valid grounds for why the marriage should end. Most of the couples opt for no fault divorce, even though they have the option not to, to avoid lengthy legal proceedings.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

A notarised divorce deed does not dissolve a marriage governed by the Hindu, Christian, Parsi or Special Marriage Acts, because only a court decree can. It carries legal weight only where Muslim personal law or a proved custom already permits a divorce without a court.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

“Provocative behaviour of women,” has also been shown as an acceptable cause of domestic violence.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Once parties enter a settlement authenticated by a mediator and confirmed by a Court, they cannot be allowed to reverse its effects by pursuing original or subsequent complaints. Deviation from mediated settlements attacks the foundational basis of the mediation process.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The Kerala High Court reiterated that foreign judgments can be accepted as conclusive in India where the parties voluntarily and effectively submit to the jurisdiction of the foreign court and consent to the grant of the relief,

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The Hon‟ble Supreme Court clarified that the determination of cruelty depends on the social and educational background of the parties, their manner of life, and the context in which allegations are made. Mental cruelty need not injure health physically only;

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Marriage is often considered a sacrament, but divorce laws vary significantly across countries, creating situations where a couple might be legally married in one jurisdiction but divorced in another. In India, marriages are solemnized through customary or statutory laws,

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Jurisdictional conflicts become particularly challenging when individuals living in one country seek matrimonial relief in foreign courts. Women seeking maintenance or divorce, whether in India or abroad, often face repeated legal obstacles such as jurisdictional disputes,

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The Apex Court relied upon were established by cogent evidence and recognised that conduct which, even if assumed to have occurred to some extent, may fall within the ordinary wear and tear of married life unless it crosses the requisite threshold of matrimonial cruelty.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The Hon'ble Supreme Court cautioned that simple trivialities which may properly be described as the reasonable wear and tear of married life are to be ignored and that attention should be directed to grave and weighty incidents.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

“In our view, the courts below have rightly held that a non-filing of a copy of the charge sheet cannot become a ground for default bail, and a submission of the appellant cannot be accepted.”, the Court held.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Section 438 introduced in the CrPC indicated that the legislature felt that it was imperative to evolve a device by which an alleged accused is not compelled to face ignominy and disgrace at the instance of influential people who try to implicate their rivals in false cases.

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

Court said the right of an accused to protect his personal liberty within the contours of Article 21 of the Constitution with the aid of the provision of AB as enshrined under Section 438 of the CrPC cannot be defeated or thwarted without a valid procedure by law

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

The court pointed out that the investigating agency, if it deems necessary for the purpose of interrogation/investigation in an offence, can seek remand of the accused whilst he is in custody in connection with a previous offence so long as no order granting anticipatory bail

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

"No restriction can be read into Section 438 of the CrPC to preclude an accused from applying for anticipatory bail in relation to an offence while he is in custody in a different offence, as that would be against the purport of the provision and the intent of the legislature,

[L.THIRUGNANASAMPANTHAM, ADVOCATE+91 9092867999 @Laywererode]

At the same time, once a Hindu widow becomes the absolute owner under Section 14(1), she has full right to execute a Will or transfer the property, and any subsequent purchaser from her acquires valid and marketable title.