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Matrimonial Disputes means the disputes between husband and wife or in other words disputes between spouses. It may lead to Divorce, Nullity of Marriage, Maintenance of wife and child, Custody or guardianship of Child, Judicial Separation, Permanent alimony, Settlement and other outcomes.
Do remember that before the court of law, wife is entitled to equal life status that her husband enjoys or she would enjoy if she were at her matrimonial home. But for this it is important that wife must have valid reason for living separately from her husband. Now as per the latest judgement of Hon’ble Supreme Court, during the trial of matrimonial dispute both the parties are directed to file the Affidavit as per the annexure of the said judgement disclosing their Status/Income/Expenditure/Liabilities/Assets and etc.
There is a set procedure to law for filing a petition or an application and before which Court or Forum or competent authority. Section 21 of Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by Code of Civil Procedure. In case High Court of the concerned State has framed rules pertaining to any matter under the Act, those rules shall come into application for regulating the procedure for disposal of petitions or applications under the Act.
Code of Civil Procedure, in brief known as C.P.C, is one of statutes which deals with practice and procedure as to how, where and by whom a petition is to be instituted; as to how it is to be decided; as to what are the remedies available to the unsuccessful and unsatisfied party to challenge the decision of the Trial Court and as to how the appeal or revision challenging the decision of Trial Court is to be decided; and also as to how the decision given by a Court is to be executed or got implemented