Chambers of Nitin Chopra

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Declaration Regarding – Matrimonial StatusThe Hon’ble Apex Court in the case of Balram Yadav v. Fulmaniya Yadav, (2016) ...
11/12/2025

Declaration Regarding – Matrimonial Status

The Hon’ble Apex Court in the case of Balram Yadav v. Fulmaniya Yadav, (2016) 13 SCC 308, held as under: “Under Section 7(1) Explanation (b) of the Family Courts Act, a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8, all those jurisdictions covered under Section 7 are excluded from the purview of the jurisdiction of the civil courts....

The Hon’ble Apex Court in the case of Balram Yadav v. Fulmaniya Yadav, (2016) 13 SCC 308, held as under: “Under Section 7(1) Explanation (b) of the Family Courts Act, a suit or a proceedin…

Unwillingness To Continue The Marital Relationship—Clearly Constitutes Mental CrueltyIt is undisputed that the marriage ...
25/11/2025

Unwillingness To Continue The Marital Relationship—Clearly Constitutes Mental Cruelty

It is undisputed that the marriage between the appellant/husband and the respondent/wife was solemnized on 30.05.2009 in accordance with Hindu rites and customs. It is further admitted by both parties that they have been residing separately since May 2014 and that there has been no resumption of cohabitation thereafter. The appellant/husband has alleged that the respondent/wife, without any justifiable reason, withdrew from his company and refused to discharge her marital obligations....

It is undisputed that the marriage between the appellant/husband and the respondent/wife was solemnized on 30.05.2009 in accordance with Hindu rites and customs. It is further admitted by both part…

Mere Absence of Any Ceremony—Cannot Be A Ground To Dismiss The Application For Divorce By Mutual ConsentAs held by the H...
25/11/2025

Mere Absence of Any Ceremony—Cannot Be A Ground To Dismiss The Application For Divorce By Mutual Consent

As held by the Hon’ble Supreme Court in Perumal Nadar v. Ponnuswami, AIR 1971 SC 2352, there is no necessity for a person professing a particular religion to claim conversion to another religion by any formal ceremony or even declaration. Mere conduct would suffice to establish conversion. In the present case, the second petitioner, by express conduct, in participating in the marriage solemnization in accordance with Hindu rights and customs and also approaching the Family Court invoking the provisions of the Hindu Marriage Act, 1955 has sufficiently shown that the second petitioner has converted herself to Hindu faith....

As held by the Hon’ble Supreme Court in Perumal Nadar v. Ponnuswami, AIR 1971 SC 2352, there is no necessity for a person professing a particular religion to claim conversion to another religion by…

Opposing Prayer for Divorce – Amounts to CrueltyDecree of divorce can be granted under Section 13 of the Hindu Marriage ...
24/11/2025

Opposing Prayer for Divorce – Amounts to Cruelty

Decree of divorce can be granted under Section 13 of the Hindu Marriage Act, 1955 on ground enumerated under said provision if other party is at fault. Irretrievable breakdown of marriage is not one of the grounds provided in Section 13 of the Hindu Marriage Act, 1955. Court cannot shut its eyes to practical difficulties and problems of parties. If divorce is not granted in cases of irretrievable breakdown of marriage then it will amount to further pushing party towards continuous pain and suffering....

Decree of divorce can be granted under Section 13 of the Hindu Marriage Act, 1955 on ground enumerated under said provision if other party is at fault. Irretrievable breakdown of marriage is not on…

In any event, the timeline and sequence of events strongly suggest that the DV application was filed not out of genuine ...
27/10/2025

In any event, the timeline and sequence of events strongly suggest that the DV application was filed not out of genuine need for protection from ongoing domestic violence, but as a coercive tactic to extract a financial settlement. The Opposite Party left the matrimonial home in August 2023, initiated a divorce suit, voluntarily retrieved her ‘stridhan’ in December 2023, and crucially, during DLSA conciliation in February 2024, refused cohabitation while demanding Rs....

In any event, the timeline and sequence of events strongly suggest that the DV application was filed not out of genuine need for protection from ongoing domestic violence, but as a coercive tactic …

Section 32(2) of the Arbitration Act specifies three types of orders that an Arbitral Tribunal can pass, which would lea...
24/07/2025

Section 32(2) of the Arbitration Act specifies three types of orders that an Arbitral Tribunal can pass, which would lead to termination of the arbitral proceedings. Clause (a) pertains to a situation where the claimant withdraws the claim, clause (b) pertains to a situation where the parties agree on the termination of the proceedings and clause (c), invites the Arbitral Tribunal to render a finding that continuation of the arbitration proceedings for any reason has become unnecessary or impossible....

Section 32(2) of the Arbitration Act specifies three types of orders that an Arbitral Tribunal can pass, which would lead to termination of the arbitral proceedings. Clause (a) pertains to a situat…

It was held that if the Petition is filed under Section 13-B of the divorce by mutual consent, the Court must satisfy it...
21/07/2025

It was held that if the Petition is filed under Section 13-B of the divorce by mutual consent, the Court must satisfy itself that the consent given by the parties continues till the date of granting decree of divorce and that even if one party unilaterally withdraws the consent, the Court does not get jurisdiction to grant decree of divorce by mutual consent in view of the mandate of Section 13-B of H.M.A....

It was held that if the Petition is filed under Section 13-B of the divorce by mutual consent, the Court must satisfy itself that the consent given by the parties continues till the date of grantin…

Whatever may be the justification for the spouses living separately, with so much time having passed by any marital love...
28/02/2025

Whatever may be the justification for the spouses living separately, with so much time having passed by any marital love or affection that may have developed between the parties seems to have evanesced. The admitted long standing separation, nature of differences, prolonged and multiple litigations pending adjudication and the unwillingness of the parties to reconcile are evidence enough to establish beyond all manner of doubt that the marriage between the parties has broken down irretrievably and that there is no scope whatsoever for marriage to survive....

Whatever may be the justification for the spouses living separately, with so much time having passed by any marital love or affection that may have developed between the parties seems to have evane…

A contractual clause which provides for the finality of rates quoted by the contractor and disallows any future claims f...
27/02/2025

A contractual clause which provides for the finality of rates quoted by the contractor and disallows any future claims for escalation is conclusive and binding on the parties. If the clause debarring future claims permits escalation subject to certain conditions, no claim is admissible if the conditions are not satisfied. However, if the conditions are satisfied, the contractor will have a right to claim escalation....

A contractual clause which provides for the finality of rates quoted by the contractor and disallows any future claims for escalation is conclusive and binding on the parties. If the clause debarri…

Irretrievable breakdown of a marriage may not be a ground for dissolution of marriage, under the Hindu Marriage Act, but...
17/02/2025

Irretrievable breakdown of a marriage may not be a ground for dissolution of marriage, under the Hindu Marriage Act, but cruelty is. A marriage can be dissolved by a decree of divorce, inter alia, on the ground when the other party “has, after the solemnization of the marriage treated the petitioner with cruelty”. A marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides....

Irretrievable breakdown of a marriage may not be a ground for dissolution of marriage, under the Hindu Marriage Act, but cruelty is. A marriage can be dissol…

Under Shariat Law, a marriage can be dissolved by mutual agreement between the husband and wife. This mutual dissolution...
15/02/2025

Under Shariat Law, a marriage can be dissolved by mutual agreement between the husband and wife. This mutual dissolution may take the form of Khula or mubarat, a form of mutual consent, is a valid and recognised method for dissolution of marriage. It allows both spouses to agree to terminate their marital relationship without requiring judicial intervention, as long as their intentions are clear and unambiguous....

Under Shariat Law, a marriage can be dissolved by mutual agreement between the husband and wife. This mutual dissolution may take the form of Khula or mubarat, a form of mutual consent, is a valid …

Under Section 8 of the Hindu Marriage Act, it is open for two Hindus married under the provisions of the Act to have the...
27/12/2024

Under Section 8 of the Hindu Marriage Act, it is open for two Hindus married under the provisions of the Act to have their marriage registered provided they fulfil the conditions laid down therein regarding performance of requisite ceremonies. It is only when the marriage is solemnised in accordance with Section 7, there can be a marriage registered under Section 8....

Under Section 8 of the Hindu Marriage Act, it is open for two Hindus married under the provisions of the Act to have their marriage registered provided they fulfil the conditions laid down therein …

Address

5-E, Drummond Road, Sukriti Vihar Colony, Opp. Naithani Nursing Home
Allahabad
211001

Opening Hours

Monday 10am - 8pm
Tuesday 10am - 8pm
Wednesday 10am - 8pm
Thursday 10am - 8pm
Friday 10am - 8pm
Saturday 10am - 5pm
Sunday 10am - 2:30pm

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+917897289063

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