A Couple Married Under Hindu Law and Registered it Under the Special Marriage Act Can Seek Divorce Under SMA

Posted inFamily, Marriage & Divorce1 Comment
A couple already married under the Hindu Marriage Act, 1955 (HMA) can register their marriage under the Special Marriage Act, 1954 (SMA), without requiring a divorce. Once registered under the SMA, the marriage is governed by that Act and not by the HMA. The SMA provides a secular, civil marriage option for any two individuals.

Husband Who Murdered His Wife Cannot Inherit Her Property Despite No Explicit Provision in Indian Succession Act

Posted inProperty & SuccessionNo Comments
In the case of Vijayan v. Appukuttan @ Pairaj [2026: KER:8018], the Kerala High Court ruled that a husband — belonging to the Christian faith — convicted of his wife's murder is legally disqualified from inheriting her property, even though the Indian Succession Act, 1925, the law governing his succession, does not explicitly provide for such a disqualification.

Model Affidavit in lieu of Examination-in-Chief

Posted inLegal Drafts, Matrimonial and Maintenance CasesNo Comments
When preparing an affidavit in lieu of Examination-in-Chief, please avoid vague terms, instead of saying "he was cruel," use "he used derogatory language (specify the words) on [Date]" and remember that in Indian jurisprudence, cruelty is not just physical. Mental cruelty—such as constant insults, denying food, or false accusations of infidelity—is sufficient for a decree.

Execution of Multiple Decrees Against a Property: Rateable Distribution Among Creditors

Posted inExecution of a DecreeNo Comments
When a Plaint Schedule Property is attached and sold in execution of a decree in which multiple decree-holders have a stake, and the sale proceeds are insufficient to satisfy the total debt of all creditors combined, Section 73 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") governs the manner in which such proceeds are to be distributed among the various decree-holders. The Section ensures equitable and proportionate distribution of limited proceeds available among similarly-placed creditors.

Accused Entitled to List of Documents “Not Relied Upon” by the Prosecution

Posted inFair Disclosure under CrPCNo Comments
In Akhil Sabu v. State of Kerala [2024: KER: 49597], the High Court of Kerala observed that Rule 19(4) of the Kerala Criminal Rules of Practice, 1982, mandates that every accused must be supplied with the statements of witnesses recorded and a list of documents, as specified under Sections 173, 207, and 208 of the Code of Criminal Procedure (now Sections 193, 230, and 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Widowed Daughter-in-law Deserves Maintenance from the Estate of the Deceased Father-in-Law

Posted inMatrimonial and Maintenance CasesNo Comments
In Kanchana Rai v. Geeta Sharma & Ors [2026 INSC 54], the Supreme Court examined whether a daughter-in-law who becomes a widow after the death of her father-in-law is considered a "dependant" under Section 21(vii) of the Hindu Adoptions and Maintenance Act, 1956, and is thus entitled to maintenance from his estate under Section 22.