Tag Archives: India

India: No Tax on Lump Sum Alimony

The case relates to a Delhi-based woman, who had received a lump sum of $99,000 from her ex-husband based in the United States, but had not shown the amount in her tax declaration. Based on current exchange rate this sum translates to approximately Rs. 60 lakh.

Under Indian tax laws, any sum of money received by an individual without any consideration (without getting anything in return), in excess of Rs 50,000 in a year, is taxable. But if the same is received from a relative, such as a spouse, or on

India: Couples Put Parents on Divorce Duty

This trend, say lawyers, is more prevalent in cases where the couple is settled abroad or one spouse’s job makes it impossible to make frequent court visits, men in the merchant navy or pilots, for example.

A few months ago, Sharad (name changed) got a divorce decree from his wife, who stays in Mumbai, without having to ever visit the court for any hearings. Advocate Shilpa Joshi who appeared for him said, “The counselling sessions were held through video conference.

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India: Court Grants Divorce to Man With HIV Positive Wife

However, as per Section 13(v) of the Act, if a spouse suffers from a communicable venereal disease, it is a valid ground for divorce, he said.

India: Delhi HC Annuls Divorce Granted by UK Court

Their marriage has been dissolved by a court in UK on the ground of having been broken down irretrievably which is not a ground for divorce under the HMA…” Justice Veena Birbal said citing a supreme court judgment.

The court said this while rejecting the plea of an Indian-origin UK resident to drop the divorce proceedings initiated by his wife in Delhi on the ground that he had already secured a divorce decree from a UK court in 2011.

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India: High Court Allows Woman to Challenge Adultery

“If the respondent-wife is not allowed to prosecute the appeal, it will cause irreparable loss and her future life will be ruined.

The observations that she lived an adulterous life will continue to remain without any opportunity to her for redressal of her grievance,” observed Justice Shambaji Shinde recently.

India: New Surrogacy Laws & Divorce

A Bill to regulate the commercial surrogacy market in India has been through several incarnations. In both the 2008 and 2010 versions the Assisted Reproductive Technology (Regulation) Bill relies on contract law to establish a relationship between the commissioning parent/s and the clinic.

India: Mediation Must Happen Before Divorce

Section 498A is a cognisable offence with a punishment of up to three years in jail and a fine and is non-compoundable, which rules out an out-of-court settlement.

But the apex court today said courts can try to strike a compromise between a couple.

In this case, Deepa was married to Srinivas on April 25, 1999, but on the very next day, the couple separated after a quarrel between the elders in the two families. Subsequently, Deepa lodged a complaint under 498A against the husband and in-laws, alleging that the mother-in-law had asked her to sleep with the father-in-law.

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India: Divorce Rates Climbing in Bangalore

But do more family courts mean that couples will become complacent about making their troubled marriages work, knowing there is an exit door close by? Or will this move fast track pending divorce applications and help couples escape relationships that have become toxic? Says relationship expert Dr Shyam Bhat, “Earlier too, there were people trapped in unhappy marriages, but divorce was a dirty word back then, and there was social stigma attached to it.