AfterHours with All About Eve
Divorce, Alimony, And Custody In India | Adv. Geeta Luthra | AfterHours With AAE S2
05 Apr 2024
Divorce has been a taboo subjects for ages, but lately we are seeing more and more people choose to leave unhappy marriages than stick it out. So, what makes a marriage tick, or rather what breaks a marriage? Why don't marriages last in today's time? Is divorce really a bad thing? We talked to Geeta Luthra, Senior Advocate in the Supreme Court of India, to find out about all of this and what the Indian legal system says about marriage, divorce, prenups and custody. (00:00) Episode begins (01:59) Why are divorce rates increasing so much? (04:49) “Women are within their rights to not give a divorce” (08:53) What is cruelty in a marriage? (11:16) "Cruelty is a changing concept" (12:33) The opportunity for adultery is higher today (14:13) The three aspects of divorce (18:05) Which gender more frequently asks for divorce? (22:44) Is DNA testing allowed by the court to prove paternity? (24:55) How is alimony determined? (26:58) Why is the tool of discovery important? (28:54) How can one protect their wealth in the case of alimony? (31:50) Why are prenups not legal in India? (34:10) “I’m all in favour of prenups” (38:40) Custody cases in India take a long time (41:00) With compromise, divorce can be granted in 3-4 years (43:46) What’s the process of getting a divorce? (46:35) What counts as separation? (48:46) Changing surname after marriage is a chauvinistic and male-centric concept (52:14) Will women have to revert to their maiden names after divorce? (55:28) “Same-sex marriage should be recognised” (58:49) India had a lot of precedents to follow to legalise same-sex marriages (01:01:17) The late Arun Jaitley was in favour of legalising same-sex marriage (01:05:19) Does registering a live-in relationship protect women’s rights? (01:09:00) How does Geeta Luthra unwind AfterHours? #divorce #indianmarriagelaws #marriagelaws #divorcelaws #prenup #custodylaws
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