Monthly Archives: November 2025

Here’s a summary of the recent important ruling by the Delhi High Court (DHC) on alimony/maintenance in matrimonial matters, and what it means:

What the DHC said

• The DHC held that permanent alimony under Hindu Marriage Act, 1955 (HMA) — specifically under Section 25 (and in matrimonial maintenance under other Acts) — is intended as a measure of social justice, i.e., to prevent a financially dependent spouse from being left destitute. It is not meant to equalise the financial status of two capable spouses.
• The Bench (Justices Anil Kshetarpal & Harish Vaidyanathan Shankar) emphasised that the person seeking alimony must show genuine financial need / economic vulnerability. If the spouse is financially self-sufficient/independent then alimony may be denied.
• In the particular case: the wife was a senior government officer (Group A IRTS), had substantial independent income, the marriage was short (~14 months), there were no children, and the family court found the wife had sought a large settlement ( ₹50 lakhs) in exchange for divorce. The DHC upheld the family court’s order denying permanent alimony.
• Interim maintenance / claims under §125 CrPC: the DHC also held that a well-educated spouse with capacity to earn should not claim maintenance simply by remaining idle.

Key take-aways / implications

• Financial independence matters: If a spouse is demonstrably capable of earning and has independent means, courts may refuse alimony.
• Need must be shown: The applicant must produce evidence of financial vulnerability or inability to maintain reasonable standard of living post-divorce.
• Standard of living & marriage duration: Short marriages, absence of children, lack of shared dependency may affect claims.
• Alimony ≠ enrichment tool: The aim is support, not to elevate the claimant to the level of the higher-earning spouse.
• Earning capacity counts: For interim maintenance, or alimony, a spouse who is capable of employment cannot merely sit idle and seek relief; courts expect effort.
• Process-wise: The DHC also pointed to amendments in the Delhi Family Courts (Amendment) Rules, 2024 in January 2025, which inserted new rules (Chapters VI & VII) in the Delhi Family Courts Rules, 1996, effective immediately.

What this doesn’t mean (yet)

• This ruling is not a statutory amendment altering the law across India; it’s a judgment of the Delhi High Court interpreting the existing law in a particular fact-situation.
• It doesn’t mean no spouse can ever get alimony if they are earning; it depends on the relative financial positions, standard of living during marriage, and whether the earning is sufficient for maintaining that standard.
• Each case will turn heavily on facts: income, assets, duration of marriage, children, dependency, conduct of parties, etc.
• Jurisdictionally, this applies to the Delhi High Court and courts in Delhi/ NCR region; other high courts may interpret slightly differently though higher court precedent (e.g., Supreme Court) will guide uniformly.

Definition:

The Special Marriage Act, 1954 is a secular law that allows marriage between two persons of different religions, castes, or nationalities in India without requiring conversion to each other’s religion.

It provides a civil form of marriage governed by uniform procedure and conditions — completely independent of personal laws like Hindu Marriage Act or Muslim law.

🔹 Objective:

• To provide a special form of marriage for all Indian citizens irrespective of religion or faith.
• To protect inter-religious and inter-caste couples from social and legal obstacles.
• To ensure secularism and equality before law (Article 14 and Article 21 of the Constitution).

⚖️ II. MAIN PROVISIONS OF SMA, 1954

⚖️ III. CONDITIONS FOR MARRIAGE (Section 4)

1. Neither party has a living spouse.
2. Both are of sound mind and capable of giving valid consent.
3. Male must be 21 years or older, female 18 years or older.
4. Parties are not within prohibited degrees of relationship (unless custom allows).

⚖️ IV. PROCEDURE OF MARRIAGE UNDER SMA

Step-by-Step Process 👇

1. Notice of Intended Marriage (Section 5)
   • The couple gives written notice to the Marriage Officer of the district where at least one has resided for 30 days.
2. Publication of Notice (Section 6)
   • The Marriage Officer publishes the notice in his office for public inspection for 30 days.
   • A copy is also sent to the permanent addresses of both parties.
3. Objections (Section 7)
   • Anyone can object to the marriage within 30 days if it violates conditions under Section 4 (e.g., one party already married, minor age, etc.).
4. Hearing of Objections (Section 8)
   • If objections are raised, the Marriage Officer conducts an inquiry and decides within 30 days.
5. Solemnization of Marriage (Section 11)
   • If no valid objection exists, marriage is solemnized in presence of three witnesses and the Marriage Officer.
   • Both parties must say: “I, A, take thee, B, to be my lawful wife/husband.”
6. Marriage Certificate (Section 13)
   • The Officer records the marriage certificate, signed by both parties and witnesses, which is conclusive proof of marriage.

⚖️ V. RIGHTS & CONSEQUENCES

• Marriage under SMA does not require religious rituals or conversions.
• Succession rights are governed by the Indian Succession Act, 1925 (not personal law).
• Parties are protected under Section 19 SMA from losing rights in their family due to inter-faith marriage.
• Provides provisions for divorce, maintenance, and custody similar to other marriage laws.

⚖️ VI. LANDMARK JUDGMENTS ON SPECIAL MARRIAGE ACT

⚖️ VII. KEY CONSTITUTIONAL CONNECTIONS

⚖️ VIII. EXAMPLE

If A (Hindu) and B (Christian) wish to marry —

Their succession will follow Indian Succession Act, 1925, not Hindu or Christian personal law.

They can do so under SMA without either converting.

They must give 30 days’ notice, and the marriage will be solemnized before the Marriage Officer with 3 witnesses.

Here’s a complete explanation of “Types of Appeals under the Code of Civil Procedure, 1908 (CPC)”, including sections, meaning, purpose, and landmark points

Types of Appeals under the Code of Civil Procedure, 1908

Meaning of Appeal

An appeal is a legal remedy by which a person dissatisfied with a court’s decision seeks a review and reversal/modification by a superior court.

It is not a new trial, but a continuation of the original proceedings.

Statutory Basis

Appeals under CPC are governed by Sections 96–112 and Orders 41–45.

Types of Appeals under CPC

Key Features of an Appeal

• It is a statutory right — not inherent.
• It must be filed within limitation (Sections 12, 5 Limitation Act).
• No appeal from consent decrees (Section 96(3) CPC).
• Right of appeal exists on the date suit is instituted.

Distinction Between First and Second Appeal

Landmark Judgments

Objective of Appeal

• To ensure justice by correcting errors of law or fact.
• To provide supervisory control over subordinate courts.
• To maintain uniformity of law and proper judicial discipline.

Summary Table

Meaning

The Doctrine of Severability means that if a particular provision of a statute is unconstitutional, but the rest of the statute can stand independently, then only the offending (invalid) portion is struck down, and the valid part continues to operate.

In short: Only the unconstitutional part is severed (“cut off”) from the rest.

Constitutional Basis

• Derived from Article 13(1) & 13(2) of the Indian Constitution, which declare that laws inconsistent with fundamental rights are void to the extent of the inconsistency.
• The phrase “to the extent of such inconsistency” gives birth to this doctrine.

Essence of the Doctrine

If a law violates Fundamental Rights:

1. The offending portion is declared void (invalid).
2. The remaining valid portion continues to operate if it can function independently.

Leading Case Laws

Tests for Applying Doctrine of Severability

Example

Suppose a law says:

“No person shall publish a newspaper or criticize the government.”

• The first part (“no person shall publish a newspaper”) violates Article 19(1)(a).
• The second part (“criticize the government”) may be valid.
  The court will strike down only the first part and retain the second if it can stand independently.

Key Takeaway

The Doctrine of Severability ensures that the entire law is not invalidated merely because a part of it violates Fundamental Rights — preserving legislative intent while protecting constitutional supremacy.

Meaning

The Doctrine of Double Jeopardy means that no person shall be prosecuted and punished more than once for the same offence.

In other words, a person cannot be tried or punished twice for the same criminal act once they have already been convicted or acquitted by a competent court.

“Nemo debet bis vexari pro una et eadem causa”
(No one should be vexed twice for the same cause.)

Constitutional Basis

• Article 20(2) of the Constitution of India states:

“No person shall be prosecuted and punished for the same offence more than once.”

• This embodies the common law principle of double jeopardy and provides a fundamental right protection to individuals against repeated prosecution for the same act.

Essentials / Ingredients

What It Does NOT Cover

1. It does not apply to departmental disciplinary proceedings and criminal trial separately.
   1. (Example: A government servant can face both departmental inquiry and criminal prosecution for same act.)
2. It bars second prosecution after conviction or acquittal, but not after investigation or filing of FIR.
3. It applies only when punishment has been imposed in the first prosecution.

Landmark Judgments

Objective

• To protect individuals from harassment of repeated trials for the same offence.
• To uphold the finality of judgments and ensure fairness in criminal justice.
• To prevent abuse of process by prosecuting authorities.
• To safeguard personal liberty and promote rule of law.

Summary

In Simple Words

Once a person has been punished or acquitted for an offence, the law does not allow another prosecution for the same offence — ensuring fairness, liberty, and protection from State overreach.