Introduction Whenever a marital bond undergoes unavoidable circumstances which do not allow to bewith the spouse in future, the person chooses to opt for divorce. Divorce is not a taboo nowand serves as a remedy to save one from several problems. Divorce is a matter of personallaw and can be taken under the statute of […]
How to Handle Divorce with Domestic Violence in India? Read More »
Introduction A decision to divorce is attached to several other decisions in consequence. Along with the Custody of a minor child and providing Alimony to a spouse the court also discusses the distribution of property that is jointly owned. During a marriage, a couple purchases a property in the name of the wife to waive off
Divorce and Joint Property in India Read More »
What is Adultery? Adultery is having sexual intercourse or maintaining intimate relations with someone other than the spouse. The act of adultery was an offence in the eyes of the Indian Penal Code before 27th September 2018. In the matter of Joseph Shine v. Union of India ((Joseph Shine v. Union of India, (2019) 3
Adultery and Divorce in India: Legal Implications Read More »
Introduction The strife for the affirmation of privacy as a right is backed by a remarkable set of judicial precedents. The Indian judiciary has always tabled its stance upon the prominence of privacy whether as ratio decidendi of the case or as an obiter dictum. The terminology represents a space of non-intrusion by any entity until
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Concept Polygamy is a state of marrying more than two partners or having more than two wives. Polygamy is not a new concept. It I prevalent in the system throughout history. The Indian rulers had multiple wives and the case was similar in the context of the world. The Indian law system later started the
The Stance Of Law Upon Polygamy And Bigamy In India Read More »
Overview The issue regarding the pendency of the maintenance petition, overlapping of jurisdiction, the multiplicity of cases and disposal of interim applications are working as a hurdle before this remedy. The right is for the ease of the victim and not for its use. The pendency of cases made it a permanent job of the
Guidelines for Disposal of Maintenance Application Read More »
Background The extra-judicial divorce in Muslim Law has always been a matter of debate. The pendency of cases became an issue of harassment for the parties. Pronouncement of Talaq through talaq-e-tafweez and khula is unilateral in Muslim Personal Law and is an accepted form of talaq. However, mubarat requires an agreement between both parties to
Guidelines for Disposal of Extrajudicial Divorce under Muslim Law Read More »
Rights of Differently Abled Persons in Personal Laws A Person with Disability already has a hurdle to overcome in his life. The law is present to aid the person and to keep him on the same footing as a perfectly abled man. The law has several panaceas for the person to deal with his disability
Rights of the Differently Abled Persons in Family Laws Read More »
Overview of the Hindu Marriage Act and its Limitations Marriage is considered a sacrament in the Hindu religion. A person pulls an unbearable marital bond only because of the societal pressure for which he has no legal solution to break down. The modus to dissolve a Hindu marriage is mentioned under section 13 (A) of
Article 142 as a Weapon to Dissolve Marriage Read More »
Understanding Section 498A of the Indian Penal Code Definition of Cruelty under Section 498A In the year 1983, Section 498 A was included in the Indian Penal Code to curb the incidents of cruelty. The section covers “Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or
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