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Showing posts with the label #MatrimonialLaw

Dissolution of Marriage under Article 142

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  Introduction The Supreme Court of India has, on multiple occasions, invoked its extraordinary powers under Article 142 of the Constitution to address exceptional cases where conventional legal remedies fall short. This provision serves as a unique tool for ensuring justice in complex and unprecedented situations. By allowing the Court to transcend procedural and statutory limitations, Article 142 enables the judiciary to deliver equitable outcomes that uphold the principles of justice and fairness. In matrimonial law, disputes often involve deeply personal and sensitive issues that cannot always be adequately addressed through existing statutory frameworks. The rigidity of legal provisions sometimes exacerbates the emotional and financial turmoil faced by the parties involved. In such cases, the invocation of Article 142 becomes critical, as it empowers the Supreme Court to dissolve marriages on grounds such as irretrievable breakdown a concept not explicitly recognized und...

Res-Judicata and the Reliefs of Permanent Alimony and Stridhan

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Introduction The doctrine of Res-Judicata , which prevents the re-litigation of issues that have already been adjudicated, is a fundamental principle in the Indian legal system. This principle ensures that judicial resources are not unnecessarily consumed by repetitive litigation and that parties are granted closure on matters that have been conclusively settled by a competent court. In the context of matrimonial disputes, Res-Judicata plays a crucial role in preventing the re-litigation of permanent alimony and Stridhan, two key issues that arise in divorce proceedings. Both these reliefs have a direct impact on the financial rights of spouses following a divorce, especially in the case of women, who may be economically vulnerable after the dissolution of marriage. The relationship between Res-Judicata and these reliefs is complex, as it involves balancing the finality of judicial decisions with the potential for changes in the circumstances of the parties involved. This article...