ValkyaEditorial

Tagged “matrimonial-law”

4 articles on matrimonial-law.

Supreme CourtSupreme Court of India

Kiran Jyot Maini v. Anish Pramod Patel (2024): the factors for fixing permanent alimony

The Supreme Court restated the broad factors a court must weigh in fixing permanent alimony — status, the wife's reasonable needs, qualifications and employment, independent income, the marital standard of living, sacrifices for the family, litigation costs and the husband's capacity. Dissolving the marriage under Article 142, it fixed a one-time settlement of roughly ₹2 crore, holding that alimony must secure a decent life without being punitive.

Valkya Editorial··6 min
LandmarkSupreme Court of India

Shilpa Sailesh v. Varun Sreenivasan (2023): Article 142 can dissolve a marriage on irretrievable breakdown

A five-judge Constitution Bench held that the Supreme Court may, under Article 142, dissolve a marriage that has irretrievably broken down to do complete justice — even without one spouse's consent and bypassing the family-court reference — and that the six-month cooling-off period under section 13B(2) of the Hindu Marriage Act is waivable in a fit case.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

ASD v. LCSIBD: career, child welfare and the limits of matrimonial cruelty

On 12 May 2026, a two-judge bench expunged findings of cruelty and desertion against a dentist wife who had relocated from Kargil to Ahmedabad for tertiary medical care and to pursue her practice, holding that 'marriage does not eclipse her individuality' and retaining the divorce decree on the ground of irretrievable breakdown under Article 142.

Valkya Editorial··10 min