Latest from Family Law

The Sources Of Hindu And Muslim Law: A Critical Analysis Of Ancient Texts An...

Titile

The legal systems of India, a land adorned with cultural pluralism and unparalleled antiquity, reflect a profound interplay of tradition and modernity. Hindu and Muslim laws, deeply embedded in...

The Law's Take On Fatherhood: A Deep Dive Into Ivan Rathinam v/s. Milan Joseph

Titile

In the labyrinth of legal cases, some stand out, not just because of their complexity, but because they challenge long-held beliefs and question the very foundation of what we consider "tr...

Supreme Court: Dividing Joint Hindu Property Causes Shares to Be Self-Acquired

Titile

Each co-parent receives a portion of a shared Hindu family property, which they then turn into their own independently obtained property. In Angadi Chandranna vs. Shankar & Ors., the Suprem...

Evolving Legal Perspectives on Nuptial Agreements: A Comparative Study of Ind...

Titile

The legal status of nuptial agreements, particularly pre-nuptial (before marriage) and post-nuptial (after marriage) contracts has evolved substantially in several jurisdictions. While countrie...

Trajectories Of Women's Rights In Succession: Constitutional View

Titile

Ancient Indian Patriarchal Society intentionally disregards the women's right to property, pushing her to a position of inferiority in social and economic aspects of human relationship. Ancient...

K.Muhammad Latheef v/s Nishath: Bigamy, Mental Cruelty, and Divorce: Court Up...

Titile

Facts: The parties got married on 30-3-1997. Thereafter, on 28-7-1998, both of them were separated and have been living separately since then. During the subsistence of the marriage,...

Transforming Divorce Laws In India

Titile

Divorce, once a taboo subject in Indian society, has become a significant aspect of the legal landscape in recent years. The evolving socio- cultural dynamics, coupled with judicial activism, h...

Triple Talaq In India: A Legal, Social And Religious Perspective

Titile

Triple talaq, also known as talaq-e-biddat, has been one of the most controversial and debated aspects of Muslim personal law in India. This research paper explores the origin, practice, and im...

The Waqf (Amendment) Act 2025: Reform or Overreach?

Titile

The Waqf (Amendment) Bill 2025, one of the most consequential legislative reforms in recent years concerning religious endowments, has now officially become law. Tabled by the Union Minister of...

Waqf In India: Promise And Pitfalls

Titile

WAQF's organization (charitable settlement under the Islamic law) plays an important role in the socio-economic fabric of the Muslim community of India. The WAQF Act, which provides a legal fra...

The Waqf (Amendment) Bill 2025 Is The Biggest Debate Does The Amendment Made ...

Titile

Waqf is a concept of Muslim law. It is a charity system of Muslims. It is a religious charitable purpose donate in the name of God. It has a very long history that is extremely complex and infl...

Cohabitation Worldwide: From Social Stigma to Legal Legitimacy

Titile

According to the survey, over 80% of millennials (aged 18-35) support live-in relationships over marriage, citing societal progress and evolving perspectives that challenge traditional norms...

Understanding the Waqf Board Amendment Act 2025: A Step Toward Reform or a Ro...

Titile

Introduction to Waqf and Waqf BoardsBefore we try to understand the 2025 waqf amendment act and key changes brought about by this act, we need to understand the basic concept of waqf and waqf b...

Suits Related To Family Disputes

Titile

Unlike the ordinary proceedings where the matter is between two parties who are not related to each other, family disputes require special assistance and sensitive approach from the court as no...

The Uniform Civil Code: The Path Towards Equality And Unity

Titile

The Uniform Civil Code (UCC) proposes a common set of laws governing personal matters like marriage, divorce, inheritance, and adoption—irrespective of religion, caste, or community. While cr...

Uniform Civil Code (UCC) in India: A Legal Perspective

Titile

The Uniform Civil Code (UCC) is a comprehensive set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all Indian citizens, irrespective of their religi...

Understanding the Waqf (Amendment) Act, 2025: What It Means and Why It Matters

Titile

Understanding the Waqf (Amendment) Act, 2025: What It Means and Why It Matters In April 2025, the Indian government introduced significant changes to ...

The WAQF Amendment Bill Has Been Approved By Parliament And Is Awaiting The P...

Titile

After hours of debate, India Parliament finally passed the Waqf Bill 2025 with approval from both Lok Sabha and Rajya Sabha, symbolising an end of injustice and corruption and providing justice...

Integrating Online Dispute Resolution (ODR) Within The Framework Of Muslim Law

Titile

Leveraging digital platforms and information technology, Online Dispute Resolution (ODR) presents a novel approach to resolving conflicts. This method is gaining recognition as a key instrument...

Filing a Mutual Consent Divorce in Tis Hazari Court: A Step-by-Step Guide

Titile

Looking to file a mutual consent divorce in Tis Hazari Family Court? Get expert guidance on the legal process, required documents, and timelines for a hassle-free experience. This guide explores t...

Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

Titile

What is Mutual Consent Divorce? Divorce is the legal dissolution of a marriage by a court or other competent body. The institution of marriage plays an important role in society despite th...

Even if the first marriage is not dissolved, the second husband may still be ...

Titile

Facts of the Case N. Usha Rani married Nomula Srinivas on 30 August 1999 in Hyderabad and on 15 August 2000 they gave birth to Sai Ganesh. After returning from the United States in February...

Muslim Law: Case Law Regarding Conversion

Titile

Sarla Mudgal V. Union Of India (1995): There are several instances where people convert their religion to take advantage of one religion over the other. Sarla Mudgal v. Union of India is one o...

Uniform Civil Code in India: A Delayed Necessity for Legal and Gender Justice

Titile

UCC is a needed but delayed legislation No doubt India needs a Uniform Civil Code (UCC). It is a constitutional mandate. Therefore, nobody can oppose it. What one can oppose is its conten...

Cruelty Against Men In Marriage: Is The Law Not Gender Neutral?

Titile

The term 'domestic violence' is often associated with women in Indian society. However, this is a problem that affects not just women, but also men, who are often ignored by society. Domestic v...

A Landmark Decision for Parental Rights: Analyzing Deepika Singh v. Central A...

Titile

In a watershed moment for Indian employment law, the Supreme Court of India delivered a transformative judgment in Deepika Singh v. Central Administrative Tribunal, Civil Appeal No. 5308 o...

Reconciling Gender Justice And Religious Freedom: The Constitutional And Soci...

Titile

India, a country with a vast array of religious and cultural traditions, is governed by both civil and criminal laws. Marriage, divorce, inheritance, and adoption are all governed by personal l...

Supreme Court: Wife Exempts From Stamp Duty Payment

Titile

In Arun Rameshchand Arya vs. Parul Singh, the Supreme Court of India rendered a historic decision exempting a wife from paying stamp duty on the apartment she received as a gift in a divorce di...

Desertion: A Ground Of Divorce

Titile

The grounds of divorce mentioned as under Section 13 of The Hindu Marriage Act establishes numeral grounds on which a person can approach the courts for filing a divorce under which the term "D...

Alternative Dispute Resolution in Islamic Law

Titile

In today's legal landscape, Alternative Dispute Resolution (ADR) is crucial for efficient and amicable conflict resolution. Islamic law has long embraced ADR, deeply embedding principles of jus...

Legal Challenges In Inter-Country Adoption: A Global Perspective

Titile

Inter-country adoption is a process by which individuals or couples adopt a child from another country which is other than their own. In that way, they offer a new home to the child and provide...

Restitution Or Regression? The Contradictions Of Section 9

Titile

Introduction: The Legal Anomaly in Modern IndiaImagine the strange situation where you are forced to live together with someone who completely has broken your trust, who you no longer like, and d...

Hindu Marriage: The Evolution Of Hindu Marriage Laws: From Traditional Norms ...

Titile

This research paper delves into the evolution of Hindu marriage laws, tracing their journey from traditional norms to modern legal reforms. Hindu marriage laws have undergone significant change...

What Impact Will UCC Have on Muslims?

Titile

In India, the Uniform Civil Code (UCC) has generated debate, especially in relation to how it affects the Muslim population. The UCC seeks to establish a common set of rules governing marriage,...

Alimony in Indian Marriages: Overview, Legal Framework, Emerging Trends and ...

Titile

Alimony in Indian Marriages: Overview, Legal Framework, Emerging Trends, and Addressing Abuse: In recent times, the subject of alimony has gained substantial attention in the context of Indian ...

Alimony And The Misuse Of Laws In India: A Call For Justice And Reform

Titile

The institution of marriage is considered sacred in India, but when it breaks down, the legal system steps in to ensure fairness and justice for both parties. One of the most contentious issues...

How To Avoid In Family Cases With Special Reference To Cruelty And Dowry Hara...

Titile

From pristine time the dowry death or cruelty or harassment against women (daughter in laws) have addressed us with the inequality of the society, which led us to an unimaginable backlash. The ...

How To Seek Counter Claim In Family Cases Under Section 23A Of HMA Act

Titile

In the society of India during the proceeding of divorce or judicial separation or facing the restitution of conjugal rights or the settlement of any claims, or alimony or demands of maintenanc...

Section 498A: A Tool of Protection or Revenge?

Titile

Section 498A of the Indian Penal Code (IPC) was introduced in 1983 with the noble intent of protecting married women from cruelty at the hands of their husbands or in-laws. Over time, however, ...

Interim Maintenance and Permanent Alimony

Titile

What is Interim Maintenance and Permanent Alimony? Interim Maintenance (Maintenance Pendente Lite) and Litigation Expenses: Under the Hindu Marriage Act (HMA), s...

Factors That Affect Child Custody Decisions in India

Titile

Child custody is a very important issue in India and is also very sensitive since it has got to do with the child brought up after the parents has separated or divorced. It focuses on the best ...

Bombay High Court Grants Maintenance to Husband in Divorce Case

Titile

It is widely acknowledged in Indian society that the concept of maintenance relates more to a woman's social upholding, even though a husband may assert a number of rights that would be communi...

Legal Dimensions of Pan-Islamism: From Religious Ideology to Political Strategy

Titile

Pan-Islamism, an ideology that seeks the political, social, and cultural unity of Muslims across national boundaries, operates at the intersection of religious doctrines and political strategie...

Introduction to Hindu Law

Titile

Hindu law is the most ancient law in the world. We believed that a person who believes in Hindu religion and follows rituals and customs of Hinduism is a person who belongs to the Hindu religio...

Evolution and Sources of Hindu Law: Ancient Traditions to Modern Legislation

Titile

Once upon a time, before the advent of British rule in India, the word 'Hindu' hardly had any creedal significance. It was mostly used to refer to people living on the other side of the Indus R...

The Vision of Equality: Understanding the Uniform Civil Code (UCC)

Titile

What is Uniform Civil Code (UCC)? In layman's term, we can understand by the UCC that - there are set of laws that will replace the laws or acts that govern over marriage, divorce, inheritance, ...

Evolving Legal Perspectives on Nuptial Agreements: A Comparative Study of Ind...

Titile

The legal status of nuptial agreements, particularly pre-nuptial (before marriage) and post-nuptial (after marriage) contracts has evolved substantially in several jurisdictions. While countrie...

Understanding Divorce Laws And Procedures For Hindus In India

Titile

As per Hindu laws, marriage is a commitment between a male and a female to live together in all the situations and challenges coming in life, moreover, they promise to jointly pursue the basic ...

Misuse Of Legal Rights By Women: Putting Innocent Behind The Bars

Titile

Women in our Society have been subjected to various forms of abuse, from domestic abuse to harassment at work place. Among all abuses, sexual abuse against women remains intensely debated. It i...

Myth: Court Marriage Is Only Chosen By Couples Who Are Inter-caste Or Interre...

Titile

There are several misconceptions about the court marriage procedure in society, one of which being that only couples who want to get married outside of their caste or religion would apply for a...

Rethinking Conjugal Rights: A Constitutional Perspective On Marriage And Indi...

Titile

The debate over the constitutionality of Restitution of Conjugal Rights (RCR) highlights the State's intervention into the "private sphere" of family and marriage. The State defends t...

Muslim Nikah: A Divine Covenant beyond Contractual Boundaries

Titile

The institution of marriage (Nikah) in Islam holds profound religious and spiritual significance, going beyond the mere contractual framework often seen in other legal systems. While Islamic ma...

Justice for Rape Survivors: The Changing Laws in India

Titile

When a woman is ravished, what is inflicted is not merely physical injury, but the deepest sense of some deathless shame. Rape is one of the most grievous and one of the worst crimes in today's...

Dowry Laws in India: Are They Truly Protecting Women?

Titile

Dowry Laws in India: Are They Truly Protecting Women? A critical look at the effectiveness of dowry laws in safeguarding women and addressing dowry-related violence in modern India. In India,...

Myth: Court Marriages Cannot Involve Families

Titile

Court marriages, which are frequently thought of as official or legal unions, are growing in popularity due to their simplicity, affordability, and legality. In India, court marriage is permitt...

Legal Terrorism: An Opinion On Creating A Balance Between Rights Of Men And W...

Titile

In today's world, it has become scarier to continue to support women's rights. The blatant ignorance in regards to women still not being safe or lack of equality and existing patriarchal norms ...

Crimes Related To Women: Abuse Faced By Women In A Live-In Relationship

Titile

Violence Against Women in India is basically physical or sexual violence committed against women. Who have been an integral part of India's culture and society since ancient times. However, the...

Divorce and Children: Psychological Challenges

Titile

Divorce is a complex social phenomenon with profound legal, emotional, and psychological implications. As societal norms evolve, the perception and prevalence of divorce have undergone signific...

Divorce Laws in India: Legal Grounds, Processes, and Challenges

Titile

Divorce is a legal process that allows a couple to legally end their marriage when they cannot continue living together. In India, divorce laws are governed by religious and civil codes, reflec...

Alimony Demanded One Month After Marriage

Titile

After only one month of marriage, a woman reportedly asked her husband for Rs 40 lakhs in alimony. A case like this brings to light various new aspects of the ethical, legal, and societal conce...

Dowry Deaths in India: Legal Perspectives, Social Challenges, and Solutions

Titile

Dowy death refers to the death of a woman caused by her husband or in-laws due to their demand for dowry. This can include physical or emotional abuse, harassment, or even murder. IPC (India...

Marriage Laws: Evolution, Cultural Perspectives, and Modern Legal Challenges

Titile

Marriage:It seems to be now well established that the institution of marriage did not exist among the primitive men. At that time man lived like any other animal. He was so engaged in the satis...

Maintenance In Case Of Inter-Religious Marriages In India

Titile

The concept of maintenance has deep roots in Indian society, originating from ancient times when it was viewed as a moral obligation for men to support their families. In Hindu law, the notion ...

Legal Grounds for Nullity of Marriage and Divorce: A Comprehensive Guide

Titile

Nullity of Marriage and Divorce Sec. 12 - Consent to Marriage Obtained by Force or Fraud [Section 12(1)(c)] According to this clause, the marriage is voidable on the ground th...

Hindu Law in Marriage and Divorce: Understanding Restitution of Conjugal Rights

Titile

Hindu Law of Marriage and Divorce Restitution of conjugal rights would be refused if the husband is guilty of mental cruelty. It is not necessary for there to be physical assault, violence, or t...

Remarriage After Divorce: Legal Provisions and Judicial Interpretations

Titile

In ancient Hindu society, marriage was a sacred, lifelong union with no concept of divorce. However, societal changes necessitated legal reforms. The Sociological School emphasizes that law mus...

Necessity Of Proof Of Marriage: Guide To Maintenance Laws And Rights

Titile

The wife is entitled to receive maintenance from her daughter if the daughter is employed. Therefore, to secure additional financial support for her livelihood, the wife is entitled t...

Evolution of Family Law in India: Key Developments, Challenges, and the Path ...

Titile

Family law, in India is a diverse field that governs the intricacies of relationships within families. It covers a range of issues, including marriage, divorce, child custody and inheritance. ...

The Legal Grounds For Divorce And The Procedural Requirements Involved

Titile

In India, marriage is both a sacrament and a contract; it is based on an offer and acceptance. At the same time, it is a sacrament because of its religious ties. Divorce is the dissolution of a...

Legal Framework and Case Law on Restitution of Conjugal Rights

Titile

Conjugal rights refer to the right to stay together as a married couple. According to Section 9 of the Hindu Marriage Act (1955), it's unlawful for either spouse to exclude the other from socia...

Aishat Shifa v/s Karnataka: The Hijab Ban Case

Titile

Aisha Shifa vs. State of Karnataka or the Hijab Ban Case. In this case, the Supreme Court of India examined the constitutionality of a government order which prohibited female Muslim students f...

Welfare of Children is the Paramount Consideration

Titile

Hindu Minority and Guardianship Act, 1956Under the Guardians and Wards Act , the court has the authority to make orders regarding custody, access, education, and maintenance of a minor. Such orde...

Exceptional Circumstances for Alienation of Joint Family Property: Legal Insi...

Titile

Hindu Minority and Guardianship Act, 1956The powers of the Karta , as well as those of the guardian, are said to be based on the following four verses of the Mitakshara . Vijnaneshwara lays down ...

How to File for Mutual Divorce in Saket Family Court: A Simple Guide

Titile

How to File for Mutual Divorce in Saket Family Court: A Simple Guide If you and your spouse have decided to end your marriage amicably, you can file for a mutual divorce in...

Child Custody and Visitation Rights: A Guide for Parents

Titile

Navigating child custody and visitation rights can be challenging for parents, especially during and after a separation or divorce. Both custody and visitation rights are legal determinations t...

Grounds for Wife's Maintenance Claim from Husband: Legal Rights and Criteria ...

Titile

Under various personal laws and statutory provisions in India, a wife can claim maintenance from her husband based on specific grounds. Maintenance is intended to ensure that a wife is provided...

Divorce and Judicial Separation: Concepts and Differences

Titile

Divorce and judicial separation are legal remedies available to married couples who wish to live apart due to irreconcilable differences. Both concepts are important in family law as they offer...

Delhi High Court on Women's Right to Residence v/s Senior Citizens' Right to ...

Titile

In Pooja Mehta & Ors. V. Government of NCT of Delhi & Ors. [WP(C) 4643/2021], the Delhi High Court confronted the complex interplay between a woman's right to reside in a shared househo...

Maintenance Laws in India: Section 125 CrPC and the Hindu Marriage Act Explained

Titile

Multiple Orders The order passed by the learned Magistrate regarding maintenance under Section 125 of the Criminal Procedure Code shall be kept in abeyance as long as the wife receives alimony...

Maintenance Rights in Void Marriages: Legal Perspectives and Implications Und...

Titile

Wife from Void Marriage:It is undoubtedly true that the Maintenance Act is a beneficial piece of legislation conferring additional rights on women and children. However, it cannot be interprete...

Basis To Decide Child Custody In Case Of Marital Discord

Titile

Child custody decisions in cases of marital discord are among the most sensitive issues in family law, given their long-term impact on a child's development and well-being. Indian courts follow...

After A Legal Separation, Do You Need To Get Divorced?

Titile

Yes, after a legal separation, a couple generally needs to proceed with divorce if they wish to legally terminate their marriage. Here's a breakdown of the distinctions and processes involved: ...

Uniform Civil Code in India: An Analysis of Sarla Mudgal v/s Union of India

Titile

This article examines the landmark case of Sarla Mudgal v. Union of India (1995) 3 SCC 635, a pivotal Supreme Court judgment that underscored the necessity of implementing a Uniform Civil Code ...

Divorce On The Ground Of Extra Marital Affairs: Few Case Law Discussed

Titile

Extramarital affairs are recognized as a substantial ground for divorce in many legal systems, as they fundamentally breach the trust and fidelity central to marital relationships. In cases whe...

Extra Marital Affairs: If A Ground For Divorce - How To Prove Extra Marital A...

Titile

In cases where extramarital affairs are used as grounds for divorce, proving infidelity involves specific standards and forms of evidence. Here's a comprehensive look at how courts typically ha...

What Is The Procedure To File For A Divorce In An Arranged Marriage?

Titile

Filing for a divorce in an arranged marriage generally follows similar legal procedures as any other divorce, but the specific steps may vary based on the jurisdiction (country or state) you ar...

How To Protect Assets During Divorce: Key Steps

Titile

Divorce can be financially complex, especially when it comes to asset division. Here are specific steps to help protect your assets during a divorce: Organize Financial Documentation ...

The Rise Of Uncontested Divorce: Trends, Benefits, And Legal Considerations O...

Titile

In this article, the trends, benefits and legal considerations of opting an uncontested or mutual divorce are discussed. According to the Hindu Marriage Act, 1955, An uncontested divorce, commo...

How to Fight a Maintenance Claim Filed by Wife: Effective Legal Strategies

Titile

If your spouse has filed a claim for maintenance, there are several legal strategies you can use to challenge the demand. Successfully opposing a maintenance claim requires a clear understandin...

Quick Divorce in India Without the Six-Month Waiting Period: A Legal Guide

Titile

In India, divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, typically includes a mandatory six-month waiting period after the filing of the first motion. This cooling...

Grounds For Rejection Of Claim Of Maintenance: Few Case Laws Discussed

Titile

In Indian law, the right of a wife to claim maintenance from her husband is governed by various statutes, including Section 125 of the Code of Criminal Procedure (CrPC) or Section 144 of BNSS, ...

Sarla Mudgal v/s Union Of India: Landmark Case On Bigamy, Religious Conversio...

Titile

Sarla Mudgal, President, Kalyani and Ors. Appellant Versus Union of India (UOI) and Ors. Respondent This case involves four petitions filed under Article 32 of the Indian Constitution. In Writ...

Doctrine of Factum Valet: An Overview with Case References

Titile

The doctrine of factum valet is a well-established legal principle in Indian law, rooted in both ancient Hindu legal traditions and modern jurisprudence. Derived from Latin, factum valet means ...

Uniform Civil Code: Balancing Right to Equality and Freedom of Religion

Titile

The Directive Principles of State Policy are outlined in India's Constitution, Part IV. Article 44 of the Constitution enshrines one of these Directive Principles, which states that the State s...

Rights And Obligations Of Guardians Under Hindu And Muslim Law

Titile

Guardianship laws play a pivotal role in ensuring the welfare and development of minors. In India, guardianship is influenced by diverse personal laws, particularly Hindu and Muslim laws, which...

Alimony and Maintenance Under Hindu Law: A Comparative Study of Different Per...

Titile

Background: Alimony and maintenance are pivotal aspects of family law, especially in the context of marital breakdowns. Alimony refers to the financial support one spouse is required to...

Marriage Annulment v/s Divorce in India: Key Differences and Grounds for Each

Titile

Marriage dissolution can take two primary forms in India: annulment and divorce. While both end a marriage, they operate on different legal principles. Annulment treats the marriage as though i...

Supreme Court Guidelines on Waiving the Six-Month Waiting Period for Mutual D...

Titile

In mutual consent divorce proceedings under Section 13B of the Hindu Marriage Act, 1955, a statutory period of six months is prescribed between the filing of the first and second motions. The p...

Understanding Divorce on Grounds of Cruelty by Wife: Key Cases and Legal Insi...

Titile

In India, cruelty as a ground for divorce is recognized under Section 13(1)(ia) of the Hindu Marriage Act, 1955. It states that a spouse can seek divorce if they have been subjected to cruelty ...

Shabnam Hashmi v/s Union of India: Establishing Adoption Rights as Fundamenta...

Titile

Shabnam Hashmi v/s Union Of India & OrsThe present case Shabnam Hashmi v Union of India & Ors deals with right to adopt a child as a fundamental right under PART III of the Indian Constit...

Triple Talaq and Gender Justice: The Landmark Case of Mohammed Ahmed Khan vs....

Titile

The case of Mohammed Ahmed Khan vs. Shah Bano Begum is a landmark judgment in Muslim law that revolves around the issue of triple talaq. Triple talaq is a form of divorce practiced in certain I...

Section 2 of The Dissolution of Muslim Marriage Act, 1939: An Analytical Expl...

Titile

The Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as "the Act") represents a pivotal moment in the legal recognition of Muslim women's rights to initiate divorce proceedings...

Iddat Under Muslim Law: A Comprehensive Analysis

Titile

Iddat is a critical concept in Islamic jurisprudence, representing the waiting period a Muslim woman must observe following divorce or the death of her husband. This article delves into the int...

Deferred Mahr under Muslim Law: A Legal Analysis

Titile

The institution of mahr, also known as dower, occupies a significant position in Islamic jurisprudence and matrimonial law. A critical facet of mahr is the bifurcation into prompt and deferred ...

The Judicial Scrutiny of Unilateral Talaq: An Examination of Shamim Ara v/s S...

Titile

The ruling in Shamim Ara v. State of Uttar Pradesh, (2002) 7 SCC 518, was a watershed moment in the jurisprudence surrounding Islamic divorce laws in India, specifically addressing the unilater...

Talaq-E-Tafweez Under Muslim Law: A Detailed Analysis

Titile

Talaq-e-Tafweez, a unique delegation of divorce rights from a husband to his wife in Islamic law, represents a nuanced understanding of matrimonial autonomy within the framework of Muslim perso...

Mubarat under Muslim Law: A Legal Disquisition on Voluntary Dissolution of Ma...

Titile

The legal construct of mubarat finds its origins in the rich tapestry of Islamic jurisprudence, which comprehensively governs the dissolution of the marital union. Mubarat, a form of extrajudic...

The Abrogation of Triple Talaq: An Exhaustive Legal Disquisition on Shayara B...

Titile

The practice of talaq-e-biddat (Triple Talaq), a form of irrevocable and instantaneous divorce under Islamic personal law, has long been a subject of controversy, especially in the context of g...

Right Of Adoption for All Religious Communities: A Constitutional Perspective

Titile

We will be dealing with the right of adoption for all religious communities. Mainly, the adoption laws are governed by different kinds of personal laws, but it is also a constitutional right as...

Faults of Divorce

Titile

Mental Cruelty: Intention is not required to prove mental cruelty. The act of depriving a husband of his conjugal rights by a wife is considered the worst form of cruelty a wife can inflict, a...

Decree of Divorce During Restitution of Conjugal Rights: Legal Insights on Ir...

Titile

A decree of divorce passed during the pendency of a husband's application for restitution of conjugal rights is not invalid, considering the facts and circumstances where all efforts for reconc...

Domestic Violence Signs, You Should Never Ignore

Titile

Family violence is a very severe problem which influences the lives of a great amount of people. Domestic Violence Attorney has found that: It is therefore crucial to seek the assistance of a d...

Hush Category Product (Women's Hygiene Product) and Probability of Confusion

Titile

In the domain of intellectual property law, trademark disputes often revolve around the use of similar marks for competing products, which can lead to consumer confusion and misrepresentation. ...

An Analytical Study Related To Triple Talaq In India

Titile

Talaq is an Arabic term signifying the dissolution of marriage in Islamic law which is derived from the phrase Talaq a, it literally means taking off any relation or bonds.[1] While Talaq is an...

Comprehensive Guide to Maintenance Under Section 125 CrPC: Legal Rights for W...

Titile

Maintenance means financial support to his dependent wife, his legitimate and illegitimate minor child, whether married or unmarried, unable to maintain himself, or his parent. In India, mainte...

A Comparative Study of Legal Frameworks for Gay/Lesbian Families in the UK an...

Titile

The decriminalization of homosexuality in India marked a significant step towards equality. But since the ancient Indian society, India has been a very inclusive and tolerant place to live in. ...

Weekend Marriage: Wife's Refusal To Give Up The Job: Withdrawal From The Society

Titile

Restitution of Conjugal Rights A question that has come before the Punjab High Court in Tirath Kaur v. Kirpal Singh involved a husband's petition for restitution of conjugal rights on the aver...

Post-Marital Crimes in India: A Comprehensive Analysis of Dowry Death, Abuse,...

Titile

Post-marital crimes such as post-marital rape, dowry death, female feticide, cruelty (including mental or physical abuse), infanticide, marriage, adultery and desertion can be defined as post-m...

Hindu Law Explained: Rights of Wives in Separation Agreements and Judicial Se...

Titile

Separation Agreements and Judicial Separation: Under Shastric Hindu Law, a wife was allowed to live separately from her husband under certain exceptional circumstances and still claim maintenance....

The Role of Mediation in Divorce: Pros and Cons

Titile

Divorce can certainly be one of the most fierce life crisis. It usually implies the presence of strong feelings and making important decisions about the future. For some, the whole idea of a di...

Lata Singh v/s U.P: Defending the Right to Inter-Caste Marriage and Personal ...

Titile

Lata Singh (hereinafter referred as 'Petitioner') is a major who married Bramha Nand Gupta after leaving her brother's house of her own free will. The petitioner's brothers filed a missing comp...

Legal Analysis of Mental Cruelty in Divorce Petitions: Shekhar v. Geeta Case ...

Titile

Facts: The case involves a divorce petition filed by the husband (Shekhar) against the wife (Geeta) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing mental cruelty. The husband ...

Can Husband Get Maintenance In India?

Titile

Yes, under certain conditions, a husband in India can claim maintenance. Although traditionally, maintenance is awarded to the wife, recent judgments and legal provisions allow husbands to seek...

Maintenance To Wife Under Muslim Law

Titile

Verse 34 of the fourth chapter of the Quran, Surah An-Nisa, discusses a husband's role as the protector and maintainer of his wife. It also addresses how he should deal with disloyalty on her p...

Uniform Civil Code in India: Advancing Gender Justice and Equality

Titile

The paper aims to elucidate the concept of a "Uniform Civil Code towards Gender Justice." A civil code encompasses laws regulating personal matters such as marriage, divorce, adoption...

Desertion in Divorce Law: Factum, Animus Deserendi, and Key Court Rulings

Titile

For the act of desertion, there must be Factum or physical separation and Animus Deserendi, which is the intention to end cohabitation permanently. Both essential elements must persist througho...

Legal Grounds for Prohibited Marriages Under Muslim Law: Consanguinity, Affin...

Titile

Grounds on which marriage is prohibited: Prohibition on the ground of Consanguinity his mother or his grandmother how high so ever. his daughter or his granddaughter how lo so ever. ...

Maintenance Of Wife And Children Under The Code Of Criminal Procedure

Titile

Section 125 of the Criminal Procedure Code, 1973, provides that if any person having sufficient means neglects or refuses to maintain his wife or his legitimate child who is unable to maintain ...

Understanding Child Custody Laws: Key Legal Principles and Court Jurisdiction

Titile

An order may be made even if the children are outside the jurisdiction of the court. It is the court where the child normally resides that will have jurisdiction to entertain an application for...

Divorce by Mutual consent

Titile

Physical Separation:The typical case of physical separation occurs when both spouses have established separate households in two different locations. However, in modern city life, it often happ...

Article on Grounds for Divorce and Annulment under the Hindu Marriage Act, 19...

Titile

The Hindu Marriage Act, 1955, a cornerstone of matrimonial law in India, provides various grounds for divorce and annulment. This article explores the legal framework surrounding these provisio...

Husband Pays Maintenance from the Date of Restoration of Divorce Petition, no...

Titile

Balraj Singh Petitioner(S) v. Gurmit Kaur (S) 2011 SCC Online P&H 3838 Ram Chand Gupta, J. (Oral) The present revision petition has been filed under Article 227 of the Constitution of India...

Essential Elements for Establishing the Offence of Bigamy Under Indian Law: A...

Titile

Bigamy, a criminal offense under Section 494 of the Indian Penal Code (IPC) and it's correspondent Section 82(1) of the Bharatiya Nyaya Sanhita (BNS), hinges on the subsistence of a first valid...

Meaning Of Accessory And Connivance

Titile

"Accessory" and "Connivance" are of the same quality. The distinction between the two is that in the former, there is active participation by the petitioner in the responden...

Triple Talaq Outlawed: Empowering Muslim Women’s Rights

Titile

Shayara Bano v/s Union of India, 2017. This article aims to provide a comprehensive overview of the Supreme Court's decision on triple talaq, including the legal reasoning, societal impact, and ...

Muslim Women Can Claim Maintenance Under S.125 Of Crpc

Titile

The bench, comprising Justices BV Nagarathna and Augustine George Masih, delivered separate but concurring judgments, dismissing a petition by a Muslim man who challenged the directive to pay i...

Legal Analysis of Smt. Preeti Arora v/s Subash Chandra Arora: Court's Ruling ...

Titile

Smt. Preeti Arora vs Subash Chandra Arora and another Misc., Case No. 276 of 2022 Smt Preeti Aroa, Appellant Versus Subash Chandra Arora And Another, Respondent Brief Facts Of The Case: That ...

What Are The Greatest Ultimatums In The Implementation Of Hindu Succession Ac...

Titile

The Hindu Succession Act 1956 comes under the ambit of family law. The scope of family law sweeps through a wide range of categories including the arenas of adoption, marriage, divorce, mainten...

The Evolution of Foster Care in India: Analyzing the Ministry of Women and Ch...

Titile

The Model Foster Care Guidelines (MFCG), 2024, issued by the Ministry of Women and Child Development, mark a significant advancement in the foster care framework in India. These guidelines, a s...

Ms.Githa Hariharan v/s Reserve Bank of India: Redefining Guardianship Rights ...

Titile

Brief Facts: The case revolves around the interpretation of Section 6(a) of the Hindu Minority and Guardianship Act, 1956 (the Act). The appellants, Ms. Githa Hariharan and another, challenged...

Divorce Being a Common Strata in India

Titile

Divorce, once considered a social taboo in India, has gradually become more accepted in recent decades. The rise in divorce cases reflects broader changes in Indian society, including evolving ...

Supreme Court Ruling in Jijabai Vithalrao Gajre vs. Pathankhan: Mother's Guar...

Titile

Brief Facts: In the case of Jijabai Vithalrao Gajre vs. Pathankhan & Ors., the appellant, Jijabai, sought a declaration that she was the natural guardian of her minor daughter. Jijabai's h...

Understanding Sunni and Shia Schools in Muslim Law: A Comprehensive Guide to ...

Titile

Schools under Muslim law:In Islam the people have been been divided into two sects having different views regarding certain aspects of Islam. After the death of the Prophet, there was a dispute...

Key Provisions of the Waqf Act 1995 as Amended in 2013

Titile

The key provisions of the Waqf Act 1995 as amended in 2013 may be summarised as follows: The definition of "encroacher" has been expanded to include public and private institutions, as well a...

Waqf Tribunal: Challenging Its Decisions in Higher Courts

Titile

Section 83 of the Waqf Act, 1995 addresses the formation of the Waqf Tribunal. The provisions of this Section are as follows: The State Government shall establish, through a notification ...

Waqf-alal-aulad: Definition, Historical Background, and Contemporary Relevance

Titile

Waqf-alal-aulad:In Islamic law, waqf refers to an endowment of property for religious or charitable purposes. Once designated as waqf, the property is non-transferable and cannot be sold, inher...

Sources of Muslim Personal Law In India: A Deep Dive into Islamic Legal Princ...

Titile

Muslim law is a divine law as opposed to man made law which are passed by the legislature. Muslim law in India means "that portion of Islamic civil law which is applied to Muslim as a personal ...

Beyond Dowry: The Urgent Need For Alimony Law Reform

Titile

The idea of justice is crucial for any society because it aims to protect the rights, equality, and fairness of every person. Legal changes have made significant strides in improving marital re...

Redefining The Status Of Government Property In Relation To Waqf: A Critical ...

Titile

Waqf is a significant Islamic institution wherein properties are dedicated by individuals or entities for religious, charitable, or pious purposes, ensuring that these assets are held indefinit...

The Role of Mediation and Alternative Dispute Resolution in Hindu Inheritance...

Titile

In every society there is always disagreement between individuals, and these disagreements may lead to having a dispute or conflict. Every conflict can be resolved by two ways i.e inside a cour...

Women's Rights In The Context Of Triple Talaq

Titile

This research paper examines the complex issue of triple talaq, or instant divorce, in India and how it affects the rights of Muslim women. It explores the social, cultural, legal, and religiou...

Judicial Interpretation Of Cruelty As A Ground For Divorce

Titile

Judicial Interpretation Of Cruelty As A Ground For Divorce THE "SHASTRIC" Hindu law did not provide for either divorce or judicial separation in the strict sense.[1] However a husband was allowe...

Ancient Roots to Modern Realities: Developement of Hindu Law

Titile

Vedic Period (1500 BCE): Oral Traditions and Dharma: This era witnessed the emergence of Hindu law as a part of the broader concept of Dharma, encompassing religious, social, and ethical dut...

Breaking the Silence: Exposing the Abuse of Section 498A

Titile

In India where rituals and customs are deeply rooted in the society, Domestic violence is one of the most adored and aged-old crimes of the culture. Though the cultural festivity had been enjoy...

Mutual Consent Divorce Under Hindu Law: Smt.Sureshta Devi v/s Om Prakash 1992

Titile

The year 1955 stands as a pivotal period for Hindu law, marking a departure from the uncodified practices preceding it. The necessity of the time led to the enactment of significant legislation...

Analyzing Supreme Court Verdict On The Muslim Women's Right To Maintenance Un...

Titile

The Supreme Court in the case of Mohd. Abdul Samad v. The State Of Telangana & Anr. criminal appeal no. 2842 of 2024 held that Section 125 of CrPC as well as the provisions of the Muslim Wo...

Faith And Friction: The Enigma of Waqf In India

Titile

In recent years, the concept of 'Waqf' has emerged as a topic of growing controversy and debate. Rooted in a rich history of religious endowments and charitable foundations, Waqf has traditiona...

Annihilation Of Caste By Dr. B.R Ambedkar

Titile

This is a review, I feel much obliged to put my thoughts which some say is the most controversial, radical piece published. But to my thoughtfulness and I reckon myself to a be liberal who beli...

Dowry Death and Inheritance Rights: Pawan Jain v/s Sejal Jain

Titile

Case Analysis: Pawan Jain v/s Sejal JainCourt: Bombay High Court Judge: Justice Nijamoodin Jamadar Date of Judgment: 2 July 2024 Citation: Testamentary Petition 807 of 2020 Relevant Sectio...

Grounds of Adoption under Hindu Adoption and Maintenance Act

Titile

Laws governing different religions are known as personal laws. Our country maintains a pluralist kind of perspective in which religious laws have their standing and are often not interfered wit...

Divorced Muslim Women Right to Alimoony

Titile

Right to maintenance of a divorced Muslim woman has always been a controversial topic. While there exists a secular law which provides for the maintenance of child, parents and wife i.e., the C...

When Hearts and Wallets Collide: Sanju v/s Sobhanath

Titile

The case of Sanju v. Sobhanath, cited as AIR 1995 ALL 90 and II (1994) DMC 616, is a seminal judgment rendered by the Allahabad High Court, which underscores the paramountcy of the child's welf...

Githa Hariharan v/s Reserve Bank of India (1999): Paving the Way for Gender E...

Titile

IntroductionThe case of Githa Hariharan v. Reserve Bank of India (1999) represents a pivotal moment in Indian constitutional law, particularly concerning gender equality in matters of parental guar...

A Comprehensive Study On Doctrine Of Pious Obligation

Titile

In the Hindu legal system, literature and society consider repayment of debt a very important Act. It plays an important role at the time of death. In Hindu mythology, it is considered that if ...

Safeguarding Matrimonial Sanctity: Dolly Rani vs Manish Kumar Chanchal

Titile

In the recent case of Dolly Rani vs. Manish Kumar Chanchal, the Supreme Court, through Hon'ble Justices B.V. Nagarathna and Augustine George Masih, reaffirmed the necessity of ceremonies under ...

Marriage and Divorce under Punjab Customary Law with Special reference to Ghu...

Titile

Here's the text with capitalization corrected: An instance where scope of law is limited and customs come into picture.... Vishal Banga Customary LawsIn India, customs has been recognized as...

Source of Muslim Law: A Deep Dive into Its Sources and Significance

Titile

The importance of studying Muslim law can be estimated from the fact that: It applies to approximately 20 crore Muslims in India, 15 crores in Pakistan and 15 crore in Bangladesh. The overall w...

Maintenace of women under muslim law

Titile

Muslim women who have divorced are positioned differently and apart. Even the application of general law (Section 125 of Cr. P.C.) was contingent upon an individual's status and religion (a Mus...

Understanding the Benefits of Prenuptial Agreements

Titile

Prenuptial agreements, commonly referred to as prenups, are legal contracts created by couples before they marry, outlining the division of assets and financial responsibilities in case of divo...

Hindu Personal Law

Titile

Personal Laws are the regulations that are material to a specific religion in like manner and those regulations which oversee the religion. These can be the custom or the regulation that has be...

Nikaha Halala

Titile

Nikah Halala is a practice observed in certain Muslim communities, particularly in areas where Triple Talaq is legally recognized. In this practice, a woman is required to marry another man, co...

Mediation As A Dispute Resolution Mechanism In Matrimonial Disputes

Titile

The matrimonial disputes are inevitable it can arise due to any reason such as verbal or physical abuse to personal characteristics and behavioral patterns, marital dissatisfaction, extramarita...

An Analysis of Hiba and Its Types under Muslim Law

Titile

According to the Muhammadan Law, a gift, or hiba, is the transfer of a certain amount or of property from one person to another without any kind of exchange; the recipient must accept the prese...

Indian Law on Adultery: A Socio-legal Perspective on the Institution of Family

Titile

This is a narrative review on the topic adultery which considers the socio-legal perspective on the institution of family. The author has laid emphasis on the morality debate of adultery questi...

Concept Of Marriage In Hindu And Mulsim Law

Titile

Marriage, a fundamental social institution, holds vital importance in forming the foundation of social order. In India, the variety of strict and social practices is reflected in the lawful sys...

Waqf: A Corner Stone Of Islamic Social And Economic Endowments

Titile

Waqf, a foundational Islamic charitable institution, dedicates property or assets for religious or charitable purposes in perpetuity. This paper delves into the historical context, legal framew...

Cruelty: A Ground for Dissolution of Marriage and Its Imprint in Criminal Law

Titile

Marriage is a significant aspect of Indian culture and cruelty has always been a topic of concern. In the past, cruelty was not a valid reason for divorce in India. However, after the 1976 amen...

Married Daughter's Right In The Agricultural Land

Titile

Since the very inception of the society women were subjected to discrimination. All the rules and regulations governing the society were gender biased, which truely made their condition patheti...

Understanding The Concept And Distinction Of Waqf And Trust

Titile

Introduction about WaqfsThe foundation of wakfs is traced to an utterance of the Prophet;" However, the guidelines regarding wakfs were advanced in a while by way of ijma (consensus). The ...

Implications Of UCC: Understanding Its Constitutionality And Effect On Person...

Titile

The article aims at understanding the potential implication of the Uniform Civil Code on the existing family laws. Since, there is no one law that atop the family matters in India, and the laws...

Desertion Under The Hindu Marriage Act, 1955

Titile

Definition and Concept Section 13(1)(ib) of The Hindu Marriage act 1955 makes desertion a ground for divorce. In Legal context, desertion is very hard to give a comprehensive definition to, an...

Abortion in Islam: Analyzing the Concept

Titile

Abortion in Islam is a multifaceted issue shaped by diverse interpretations of religious texts, ethical principles, and cultural norms. Although the primary sources of Islamic law (the Quran an...

Joint Family System in Hindu Law: Continuity and Change in Modern society

Titile

The joint family system in Hindu law has been a cornerstone of Indian society for centuries, embodying principles of interdependence, familial solidarity, and collective decision-making. This a...

Adultery in Hindu Law: A Ground for Divorce

Titile

Modern Hindu law under statutory law and judicial precedent envisions multiple theories, namely: Fault theory Prevailing circumstances Mutual Consent Irretrievable breakdown theory ...

Effect of partition by severance of Hindu Undivided Family status: a case for...

Titile

In a Hindu Undivided Family (HUF) governed by the Mitakshara law, no individual member of that family, while it remains undivided, can predicate that he has a certain definite share in the prop...

Arunachala Gounder (Dead) by L.Rs. v/s Ponnusamy: A Case Study Over Successio...

Titile

Facts: Property in question is the self-acquired property of Marappa Gounder which was purchased through a court auction. Marappa Gounder died intrastate. Suit for partition was filed by Than...

The Battle Over Marappa Gounder's Estate: Arunachala Gounder (Dead) by L.Rs. ...

Titile

Facts: Property in question is the self-acquired property of Marappa Gounder which was purchased through a court auction. Marappa Gounder died intrastate. Suit for partition was filed by Than...

Right Of Married Daughter In Compassionate Employment

Titile

Right Of Married Daughter In Compassionate EmploymentLaw is the reflection of society. Since ages there has been discrimination against daughters vis-a vis sons. Daughters were being discriminate...

Alienating The Property Under Muslim Law

Titile

The alienation of the property is multifaceted and intricate subject matter under Muslim law, provides a starting point for comprehending the complex legal and cultural aspects that regulate th...

Legality And Responsibility: Nurturing Child's Development

Titile

In this article, we will not discuss laws related to authority, custody, post-divorce arrangements, or determining who is fit to be a guardian. Instead, we will focus on the duties and responsi...

Understanding Alimony and Maintenance: Key Court Rulings and Interpretations:...

Titile

There is plethora of judgments related to alimony and maintenance that are being made in accordance with various laws. The terms 'maintenance' and 'alimony' in legal context means providing the...

Inheritance Rights of Women Under Hindu Succession Act

Titile

In the tapestry of Indian society, the fabric of inheritance rights has long been woven with threads of tradition and patriarchy. However, the winds of change have brought forth significant ame...

Validity of Marriage: Analyzing Sec 7 Of The Hindu Marriage Act

Titile

This research paper aims to examine and analyze Sec 7 of the HMA,1955. Marriage is regarded as a sacred and holy institution in society. This sanctity has been granted to Hindu Marriage as it d...

Technology And Family Law

Titile

Family law in India is one of the most diverse and sought-after civil laws. India is a vast country with various religions and customs, which affect its personal laws. Family laws in India are ...

Judicial Separation Under Hindu Law

Titile

The following are the same reasons for judicial separation by the Special Marriage Act of 1954 as they are in the Hindu Marriage Act of 1955: Each party to a union can submit a petition asking f...

Global Issues and Legal aspects of Marriage and Divorce

Titile

The institution of marriage, a foundational element of societal structure, is intricately linked with both national and international legal frameworks. This research delves into the vital conne...

Punishment For Murder In Islamic Law

Titile

In the Islamic belief system, the severity of the offense of murder is accentuated by the principles detailed in the Quran and the Hadiths, which serve as fundamental sources of guidance for Mu...

Concept Of Coparcenary Under Hindu Law

Titile

Coparcenary is a term used in matters related to Hindu succession laws. It refers to a person who has the capacity to assume a legal right in his ancestral property by birth. It means ' unity o...

Impact of Islamic Law on Modern Law

Titile

Islamic law, commonly known as Sharia Law, has had a significant impact on modern legal systems, particularly in countries with Muslim majorities. It plays a crucial role in defining family, co...

Triple Talaq And Muslim Women's Right

Titile

When one has rights all of his life, that is when he has lived a "right life." Every human is born free; they are free to choose their own path in life and are not entitled to a "...

Domestic Violence In New Jersey

Titile

Domestic violence is a widespread and significant issue in New Jersey, affecting individuals and families throughout the state. Domestic violence is defined as a pattern of abusive behaviors us...

Age Of Majority For Muslims: The Crossroads of Law and Tradition

Titile

The Majority Act, 1875 , was enacted to determine the age of majority for Indian citizens. It defines when a person attains the age of majority and becomes competent to enter into contracts and...

Hindu Marriage: Conversions and Marriage Bonds-Insights from Legal Precedents

Titile

The doctrine of indissolubility of marriage under traditional Hindu Law did not recognize that conversion would have the effect of dissolving a Hindu marriage. Conversion to another religion by...

Saptapadi: Beyond Rituals, Unveiling its Legal Ramifications in Hindu Matrimony

Titile

Marriage ceremonies are profound rites of passage that begin a lifelong journey of companionship, love, and commitment. Rooted in tradition and infused with symbolism, these ceremonies hold imm...

Court Procedures For Guardianship Appointment: Legal And Practical Considerat...

Titile

Guardianship appointments are a critical legal mechanism aimed at safeguarding the interests and well-being of individuals who are unable to make decisions for themselves. This research paper p...

Unborn Child: Rights and Status in Islam and Other Laws

Titile

A child still in the womb is unborn child. The Transfer of Property Act, 1882 and the Hindu Succession Act, 1956 laws in India mention the unborn child and have created its legal identity by fi...

Polygamous Marriage

Titile

Polygamy, the practice of having multiple spouses simultaneously, holds a deep-seated history across various cultures and civilizations worldwide. While some societies have embraced it as a cul...

Karta Of Joint Family: Position, Power, Privileges

Titile

The joint family system has been a fundamental aspect of India's rich cultural legacy. The Karta is one of the key players in this family system, and he has a very important role. As the leader...

A Comparative Study of Hiba and Gift in Islamic Law

Titile

In Islamic law, "Hiba" and "gift" represent foundational concepts governing property transactions and interpersonal relationships. Derived from Quranic injunctions and Prophetic traditions, the...

Muslim Law and Gender Justice

Titile

Throughout the course of Muslim personal law, the principles of gender equity have been the topic of a substantial amount of debate and discussion. Despite the fact that Islamic law respects th...

Rights of Muslim Women

Titile

Over the period of several centuries, the rights of Muslim women have been the topic of debate and disagreement, as well as controversy. This has been the case throughout the entirety of this c...

Inheritance Laws under Muslim Personal Law

Titile

Inheritance laws under Muslim personal law are an essential component of Islamic jurisprudence. These rules are essential because they manage the distribution of a dead person's possessions amo...

Cases Laws Regarding Muslim Marriage

Titile

In the case of Mohammed Ahmed Khan vs Shah Bano Begum (1985), the defendant was a prisoner. Immediately after the termination of her marriage, Shah Bano Begum, a Muslim woman, made a request...

Marriage In Islam Religion

Titile

A variety of restrictions are imposed on marriage in accordance with the legal framework of the Muslim religion. Compliance with the law is demonstrated by these prohibitions. According to I...

Prenuptial Agreements in the Indian Context: A Departure from Traditional Mar...

Titile

Prenuptial agreements, colloquially termed as "prenups," have long been a staple in Western societies, offering couples a means to delineate the allocation and distribution of assets ...

Section 12 Of Hindu Adoption And Maintenance Act, 1956

Titile

Meaning and Definition: "According to section 2(aa) Juvenile Justice (Care and Protection of Children) Amendment Act, 2006,-"adoption" means the process through which the adopted child is perm...

Gender Stereotypes: How They Shape Women's Experiences in Indian Society

Titile

In the rich tapestry of Indian society, gender stereotypes have long been woven into the fabric of everyday life, dictating roles and expectations for individuals based on their gender. While b...

Future Of Live-In Relationships In India: Embracing Change With The Uniform C...

Titile

In recent epochs, India has undergone a substantial alteration in societal paradigms, notably concerning relationships and matrimonial unions. One of the conspicuous trends discernible is the b...

Unveiling the Gender Equality Implications of the Uniform Civil Code

Titile

Introduction: Setting the Stage The Uniform Civil Code (UCC), a proposition steeped in controversy and contention, looms large on India's legal and social landscape. At its essence, the UCC ad...

Transgender Inheritance Rights In India: A Case For The Third Gender

Titile

In this world, if someone asks about the living beings, what comes to our mind is human beings and flora and fauna in a nutshell. If one further asks the classification of human beings on the b...

Clarifying the Scope of Bigamy: Surajmani Stella Kujur v/s Durga Charan Hansdah

Titile

There are basically two types of law- General Laws and Personal Laws. General Laws are governed by the government and followed by everyone while on the other hand, Personal Laws are governed by...

Forced Separation, Dementia And Financial Decision In Family Law: An Indian A...

Titile

Financial decisions, dementia, and forced separation are all important issues in the field of family law. It becomes clear from examining these problems in the Indian context that they present ...

Life Estate: Its Shadows In Indian Legal System

Titile

A Life estate is a legal concept that gives a person the right to own and enjoy the property for the rest of their life or as mentioned in the will of the life estate creator. This legal arrang...

Female As Karta: The Role Of Karta-Power Dynamics And Gender Equality In Hind...

Titile

Karta in a Hindu Joint Family: Karta, the senior male member of the Hindu Joint Family, is responsible for managing all of the family's assets and looking after all of the other family members...

Guardianship And Custody Under Muslim Law: A Critical Analysis

Titile

Guardianship - DefinitionGuardian is a person who takes care of an individual who is below the age of 18 years and his personal affairs as he is incompetent to manage them on his own under fami...

The Judicial Ambivalence of PCMA and Personal Laws

Titile

This article delves into the complexities between the PCMA enacted by legislature in 2006 and personal laws prevalent in countries derived from the sources of various religion. There have been ...

Makemalla Sailoo v/s Superintendent of Police: Legal Complexities in Child Ma...

Titile

A child's inability to take care of himself, his body, and his belongings during an early period of life stems from his or her minor age. A youngster is incapable of taking care of themselves. ...

Division of Assets and Liabilities in an Uncontested Divorce

Titile

In the realm of divorce proceedings, the division of assets and liabilities stands as one of the most critical and potentially contentious aspects. However, in cases of uncontested divorce, whe...

Parsi Intestate Succession: An Equitable Devolution Of Intestate Property

Titile

Succession is a process wherein property of a deceased person is devolved on to the persons entitled. The law of succession defines the rules and procedures for such devolution of property. The...

Contract Marriages: Legal and Social Realities in India

Titile

It is of the utmost importance to make sure that the context in which the term "contract marriages" is used is made clear. This is because the term "contract marriages" can ...

Misuse of Section 125 CrPC and Domestic Violence Laws: A Concerning Trend

Titile

Domestic violence is a grave societal issue that warrants stringent legal measures to protect victims and ensure justice. Laws such as Section 125 of the Criminal Procedure Code (CrPC) and the...

An Analysis Of The Conditions Of A Valid Hindu Marriage

Titile

"Marriage, a sacred bond, is woven with love, trust, and compromise. Its essence lies in understanding, shared dreams, and enduring commitment-anchored by communication and mutual respect....

How Much Freedom Did The Triple Talaq Bill Bring For Muslim Women

Titile

Among almost all the nations of antiquity, divorce was regarded as natural corollary of marital rights. Romans, Hebrews, Israelis etc. All had divorce in one or the other form even though the p...

Punishment For Bigamy: Difficulties And Possible Solutions

Titile

Section 494 of IPC, 1860 lays down that, whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husba...

Hayatuddin v/s Abdul Gani: Unwrapping the Gift of Property Ownership

Titile

The expression "gift" refers to an uncompensated transfer of property interest from one living person to another. It is inter vivos in nature and gratis. This is the accepted universal definiti...

How to Get Uncontested Divorce in New York

Titile

Divorce is never easy, but navigating the legal process doesn't have to be overly complicated, especially if both parties agree on the terms of the separation. In New York, an uncontested divor...

Cases On General Rules Of Succession And Exclusion From Succession Under Isla...

Titile

The Holy Quran, Sunna (prophetic tradition), Ijma (a network of educated men who agree on a given topic), and Qiyas (a network of educated men who agree on a specific topic) are the four main s...

Contemporary Analysis of Indian Christian Marriage and Divorce Laws

Titile

The Indian legal system we have now has a considerable mark of the British colonial era, which is important to understand because many laws enacted during that period still exist in modern Indi...

Doctrine of Pre-emption

Titile

Pre-emption law has its origin in the saying of the prophet. Pre-emption or shufa means conjunction, which is adjacent. In the case of Govind Dayal v. Inaytullah (1885), Mahmood J describes pre...

Unveiling Equality: A Legal Journey through Same-Sex Marriage

Titile

This article delves deep into all the facets of Same Sex Marriages. Same Sex Marriage is the latest topic in news as Supreme Court of India has delivered its a long awaited judgement on the leg...

Critical Analysis Of The Constitutionality Of Restitution Of Conjugal Rights ...

Titile

According to Black's Law Dictionary, the term 'Restitution' is defined as an act of restoration of anything to its rightful owner.[1] The dictionary defines 'Conjugal Rights' as the right that ...

Rewriting the Family Code: The Dynamic Evolution of Family Laws in India

Titile

Family laws in India have a great significance and historical effect on customary practices of Indian society which affects cultural, religious, and societal values. Several aspects of family l...

Supreme Court's Landmark Verdict in Vineeta Sharma v/s Rakesh Sharma and the ...

Titile

Vineeta Sharma V. Rakesh Sharma Civil Appeal No. 32601 of 2018 Bench: Justices Arun Mishra, M.R. Shah and Abdul Nazeer. In a significant and groundbreaking verdict, the Supreme Court delivered ...

Rights, Identity and Protections for the Unborn Child in Indian Law

Titile

A child still in the womb is unborn child. The Transfer of Property Act, 1882 and the Hindu Succession Act, 1956 laws in India mention the unborn child and have created its legal identity by fi...

Talaq And Judicial Response

Titile

Talaq, an Arabic term signifying divorce in Islamic law, holds significant cultural and legal implications within the framework of Muslim societies. This practice allows a husband to dissolve h...

Landmark Supreme Court Judgment: Indra Sharma vs V.K.V. Sharma: Live-in Relat...

Titile

The Supreme Court of India has fulfilled a critical role in protecting women's rights. The Hon'ble Supreme Court addressed the subject of live-in relationships and how far they are associated w...

Cohabitation: Not A Social Crime

Titile

Every stride has a widespread new ideology and impression. One of those is cohabitation, which means "Live-in-Relationship". The concept is not new, it originated in the 16th century from th...

Cruelty: A Comprehensive Analysis of Dastan v/s Dastan and the Evolution of H...

Titile

The era of 1955 is the most crucial for the Hindu. Pre- era of 1955 was regarded as uncodified Hindu Law. It was the necessity of that era that led the Parliament to enact four Acts for the Hin...

Comparative Study Relating To Judicial Separation According To Different Reli...

Titile

According to Merriam Webster's 'Dictionary of Law', the term 'marriage' has been defined as "the state of being united to a person of the opposite sex as husband or wife in a legal, consensual ...

Defense Strategies Against Fake Dowry Cases?

Titile

Question: What are the Defense Strategies against Fake Dowry Cases? Answer: Defending against a false dowry case, it's crucial to approach the situation with a strategic and thorough examinati...

Gender Neutral Interpretation: A Change That Negates The Purpose Of SMA, 1954

Titile

A critically welcoming observation was made by Retd. Justice. Ravindra Bhat in the same-sex marriage judgment. The fulcrum is on the socio-legal context instead of a mechanism that leads to bro...

Live In Relationship In India In Contrast With Foreign Countries

Titile

This research paper explores the concept of live-in relationships in India, including its legal recognition and changing societal attitudes towards it. This research paper contains the basic me...

Significance of Uniform Civil Code

Titile

This research paper will study the importance of the Uniform civil code in the Indian context. This paper will also analyse the history of the demand for a Uniform Civil Code in India from the ...

Uniform Civil Code: A Detailed Analysis

Titile

This paper aims to provide an in-depth understanding of the Uniform Civil Code, also known as "One Nation-One Law" in India. It aims to replace the current set of personal laws based on the rel...

India's Landscape on Same-Sex Marriage

Titile

Same-sex marriage, a union between partners of the same sex or gender identity, exemplifies a commitment between two individuals, be they two men or two women. Commonly referred to as gay marri...

Should Secular State levy Uniform Civil Code?

Titile

This research offers to the reader whether a secular state should levy UCC or not. The concept of a secular state is one in which the government is or claims to be publicly agnostic in question...

Applicability of Henry Maine's Theory With Respect to the Issue of Triple Talaq

Titile

Sir Henry James Sumner Maine (August 15, 1822 February 3, 1888) was a distinguished British jurist and legal historian renowned for pioneering the study of comparative law, primitive law, and a...

Love Jihad: Unmasking The Reality Of Misguided Belief In India

Titile

"Love knows no barriers; it's a bond beyond boundaries. 'Love jihad' is but a myth that fades against the truth of love's unity in diversity.".. Vishal Banga Introduction "Love jihad&quo...

Status of Women in India: Hindu, Muslim and Christian Perspectives

Titile

In nearly all countries surveyed, a majority of Muslims say that a wife should always obey her husband. At the same time, there also is general agreement at least outside sub-Saharan Africa tha...

Unraveling The Notion Of Mental Cruelty In Marital Cases: A Study Of The Sam...

Titile

The Landmark Samar Ghosh v. Jaya Ghosh case, a watershed moment in the Hindu Marriage Act, transformed the understanding of mental cruelty in divorce proceedings. Its frequent citation in Supre...

Understanding Judicial Separation in Hindu Law: A Human Approach to Relations...

Titile

Marriage is considered a sacred bond in Hindu Law. However, sometimes, due to various reasons, the relationship between the husband and wife may become strained. In such cases, the couple may o...

Concept Of Judicial Separation Under Hindu Law

Titile

Marriage is considered a sacred bond in Hindu Law. However, sometimes, due to various reasons, the relationship between the husband and wife may become strained. In such cases, the couple may o...

Triple Talaq in India: Legal Insights, Impact, and Reform Efforts

Titile

Under Muslim law, divorce or Talaq unlike marriage or nikah, dissolve the sacred marital tie between a husband and wife. It is done only by the husband either by single or three successive pron...

Marital Rape in India: A Comprehensive Examination

Titile

Marital Rape is also known as spousal rape, is non consensual sex in which the perpetrator is the victim's spouse. It's a form of domestic violence and sexual abuse. Sexual intercourse with one...

Void Marriage

Titile

Distinction between void and void able Marriage - There is some confusion in the use of terms "nullify" and annulment ". English court has often applied the term" nullify &q...

False Statement By Minor As To His Age

Titile

A fraudulent representation by a minor that he is of full age by which he indices another to contract with him will not estop the minor from setting up the plea of minority. Where, for insta...

Adoption

Titile

Adoption by a make Hindu having a wife living at the time. Where a male Hindu having a wife living adopts a child ,all the ties of the adopted child of his family of birth severed and replaced...

Irretrievable Breakdown Of A Marriage: Need Of Time

Titile

Marriage is a significant and multifaceted institution that holds various meanings and significance across different cultures, religions, and societies. Marriage is the act or rite based on a con...

Case Analysis of Swaraj Garg v/s K.M. Garg AIR 1978 Delhi 296

Titile

Swaraj Garg V/S K.M. Garg - Air 1978 Delhi 296 Decided On 7 March 1978 Head Notes Section 9 - Hindu Marriage Act, 1955 - Restitution of Conjugal Rights - husband and wife lived separately f...

Should Same Sex Marriages Be Legalized In India?

Titile

Indian civilization and culture are among the oldest on Earth. We have changed over the years, bringing in a multitude of exquisitely varied aspects, such as a broad range of dances, songs, foo...

Live-In Relationship And Their Impact On Hindu Succession

Titile

India is a highly diversified country in terms of religious, cultural, and ethnic attractiveness. One important item to note is that the concept of a live-in relationship is not new, despite th...

Mutawalli Under Muslim Law

Titile

The manager or superintendent of the waqf is known as the 'Mutawalli'. Such a nominee has no powers to sell or exchange or mortgage the waqf property without the prior permission of the court, ...

Maintenance (Nafqah) Under Muslim Law

Titile

Introduction In Arabic, 'maintenance' translates to Nafqah. It's a term that refers to "what one spends on their family." In law terms, Nafqah encompasses three key things: food, clothing, and...

Will (Wasiyat) Under Muslim Law

Titile

A Will is a declaration by the owner about how his property will be distributed after his death. One can make his Will either orally or in writing. A Will takes effect upon the death of the tes...

Adoption in Islam

Titile

Islam places a significant emphasis on the preservation of a person's identity, including their lineage. Changing a child's name or attributing false parentage is discouraged. It's essential be...

Lily Thomas vs Union of India

Titile

Facts Of The Case As the wife of Mr. Gyan Chand Ghosh, Sushmita converted to Islam because the Hindu Marriage Act prohibited bigamy under sections 5 and 11 of the Hindu Marriage Act. This was ...

Marital Rape In India: Exposing The Grim Reality

Titile

"A man is a man; an act is an act; rape is a rape, be it performed by a man the 'husband' on the woman 'wife'." Introduction: In Indian culture, marriage is viewed as a sacred institution tha...

LGBT Community In India: A Stigma Or An Ashirwaad?

Titile

"The equality is not created, but achieved within the society of warriors" In India, the constitution guarantees right to equality to citizens residing on its territory, on the other...

A Critical Analysis On The Commission Of Sati (Prevention) Rules Of 1988

Titile

"Just consider how terrible the day of your death will be, others will go on speaking and you will not be able to argue back " - - Raja Ram Mohan Roy. Sati is a term that creates a huge ...

A Bigamous Hindu Marriages: Implications For Law, Society, And The Economy

Titile

This research article will explore the legal and social aspects of bigamy in India, with a focus on both traditional and modern trends, as well as the specific provisions of the Hindu Marriage ...

Uniform Civil and the Challenges In It's Implementation

Titile

The Uniform Civil Code, or UCC, has been a topic of contention for decades. There are people who support and oppose the UCC. Some people support UCC because they believe that there must be a si...

Evolution If Divorce Perceptions: A Cross Cultural Analysis

Titile

Divorce is a miscellaneous phenomenon, deeply associated with cultural norms, values and legal system. From ancient times to the modern time the laws had undergone a significant change, reflect...

Marriage And Divorce Of Muslim Law

Titile

Marriage and Divorce of Muslim Law Marriage: Marriage is called out Nikah (union of sexes) Contract between two parties for the purpose Legalising sexual inter...

About Uniform Civil Code (UCC)

Titile

Uniform civil code is a concept of single set of civil laws which is applicable to all citizens of country irrespective their cultural and religious background. The objective of Uniform Civi...

School and Source of Muslim Law

Titile

Introduction of Muslim Law: Muslim law is divine law as opposed to man-made law which is passed by legislatures. Concept of oneness of God, unlike Hindus who believe in the plurality of god...

Mahira Khan's Marriage: An In-Depth Legal Analysis

Titile

Mahira Khan, a successful actress from Pakistan who is known for starring in successful Pakistani movies like "7 Din Mohabbat In", "The Legend of Maula Jatt", "Bin Roye" as well as the famous T...

Uniform Civil Code: Bridging The Divides Or Deepening The Differences?

Titile

Article 44 of the Indian Constitution underscores the State's responsibility to establish a Uniform Civil Code (UCC) for the citizens of India. While this provision falls under the category of ...

Live In: A License To Assault?

Titile

Marriage is a socially and legally sanctioned union between a man and woman regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners and ac...

Uniform Civil Code in India: Balancing Uniformity and Diversity in Personal Laws

Titile

In India, all the laws are applied in the same manner. For example: if any person has committed murder, irrespective of his religion, the punishment given will be the same. This is known as...

Victim Of NRI Marriages And Its Legal Resolution

Titile

Marriage are considered sacred but When we speak about marrying a NRI it can be both a boon or a bane, if it is considered as boon then well n good incase marrying NRI lead to a bane then there...

Satbir Singh v/s State of Haryana 2021 SCC Online SC 404

Titile

The societal evil of dowry is unbreakable. The heinous crime of dowry gives rise to the even more heinous crime of dowry death. To combat the threat of dowry death, the legislature introduced s...

Prenuptial agreements in the US demystified PART 1: Meaning, Significance and...

Titile

Prenuptial agreements, also known as antenuptial agreements or premarital agreements, are written contracts signed by a couple before they get married. These agreements give the couple control ...

Prenuptial Agreements In The US Demystified (PART 2): Drafting An Agreement

Titile

This is Part 2 of a 3 part series of articles. Part 2 seeks to elucidate upon how to draft a prenuptial agreements in the US and what mistakes to avoid. Elements that can be included in a pr...

Case Analysis: C. N. Arunachala Mudaliar v/s C. A. Muruganatha Mudaliar

Titile

Mitakshara Law is the most prominent law in our country and Hindus are guided by it all over India except in West Bengal and Assam. The most significant character of the law is that Father as a...

Balancing Unity and Diversity: A Study of Personal Laws and the Uniform Civil...

Titile

The article sheds light on the significance of personal laws and thoroughly examines which ways they might be affected by the Uniform Civil Code. Introduction India is a diverse land that e...

A Step Towards Empowerment: Increasing the Marriage Age for Girls

Titile

In a landmark decision aimed at promoting gender equality and women's empowerment, the Government of India has taken a significant step by increasing the legal age for marriage for girls from 1...

Legal Recognition Of Same-Sex Marriages: A Comparative Study

Titile

Gay and lesbian unions have been treated like an "elephant in the living room" by our law-making institutions. Everyone knows that they exist-their children are in schools, their deed...

Case Analysis: Smt.Saroj Rani v/s Sudarshan Kumar Chadha [Air 1984 Sc 1562] C...

Titile

Conjugal Rights refers to the right to reside with one's spouse and engage in sexual relations with them.[1] Living together is the most fundamental requirement of marriage. Each spouse who has...

Case Analysis: Shilpi Lenka v/s Susanta Kumar Lenka

Titile

Shilpi Lenka v/s Susanta Kumar Lenka And Anr(Criminal Revisional Jurisdiction CRR 978 of 2019) Shreyash Gupta, Bhimrao Ambedkar University, Lucknow Name Of The Court In The High Court At Calcutt...

Basic Rules Of Inheritance Law In Muslim Law

Titile

MUSLIM LAW According to Prophet Mohammad, the Muslim Law is a commandment of God and the sovereign in the Muslim states and it is his (Muslims) duty to follow it literally. Islam means peace b...

Exploring the Hindu Marriage Act

Titile

It is pertinent to note that before enforcing Hindu marriage act, the marrying couple to be briefed on it's pros and cons well before marriage. A family comprises of aged grand parents, parents and...

Talaq: Analysis of Divorce in Islam

Titile

Introduction Talaq is an Arabic word, which means "loosing or untying the knot" (Imam Raghib). In the terminology of lawyers, Talaq means, by uttering certain words, the annulment of...

Cruelty as Ground of Divorce

Titile

This paper deals with the topic of Cruelty as a ground for divorce. The title itself explicitly tells about the main point of the paper that it will tell about the aspects of the grounds of the...

Changing Dimension of Adoption in Indian Society: Future Perspective

Titile

"We do not need to know the beginning of a child's story to change the ending" -- Fi Newood Introduction: Adoption as defined by the Child Welfare Information Gateway is "the social, emo...

Prenuptial Agreements In The US Demystified (PART 3): Applicability And Enfo...

Titile

Present application in the US All fifty states and the District of Columbia accept prenuptial agreements in the US, and they are valid if written in line with all applicable federal and state ...

The Comparison Between Traditional Marriage And Live-In-Relationship

Titile

"Not All Relationships Will Lead To Marriage, Some Will Just Help You Discover New Music" Abstract: Young people are increasingly choosing cohabitation as a means of evaluating the...

Provisions Of Marriage And Divorce Under Hindu Marriage Act, 1955

Titile

Hindu Marriage Act, 1955Marriage Section 5: Conditions for A Hindu Marriage: The Act provides that a marriage may take place between any two Hindus. These conditions must be fulfilled for th...

Uniform Civil Code in Family Law: A Progressive Step for India

Titile

India, known for its rich cultural diversity and pluralistic society, has always grappled with the idea of a Uniform Civil Code (UCC) in family law. The Uniform Civil Code is a concept that env...

Concept Of Hiba

Titile

The concept of Hiba under Muslim law has existed from 600 A.D. Gift is the transfer of a property from one person to another. Under Muslim law, the Gift transfer is not controlled by the Transf...

An Insight On Reopening And Reunion Of Partition

Titile

Partition refers to the act of dividing. According to Webster's Law Dictionary, the word Partition means a separation by a court of real estate owned jointly into two or more separately owned p...

Hindu and Muslim Law of Succession: Key Differences

Titile

Abstract The Hindu and Muslim Laws of Succession, governing property inheritance among Hindus and Muslims in India, exhibit notable differences. Hindu Succession Law, applicable to Hindus, Sik...

The 2005 Amendment's Ripple Effect: Vineeta Sharma vs Rakesh Sharma

Titile

Within the intricate tapestry of Indian succession law, the case of Vineeta Sharma vs. Rakesh Sharma has etched its name as an indelible landmark, sending reverberations that resonate far and w...

Children Of Invalid Marriages Have Right Only In Parent's Property: A Step In...

Titile

The Supreme Court, recently held that children born out of void and voidable marriages cannot inherit in the joint family property and can only acquire the separate or self-acquired property of...

A Case for India's Uniform Civil Code: Striving for Legal Equity and Unity

Titile

Untouchability was allowed in India up until 1950, despite the fact that it is an inhumane practice, people used to avoid touching those who were from a lower caste. However, as society evolved...

International Parental Child Abductions To India: A Closer Look At The Curren...

Titile

International parental child abduction (IPCA) is a distressing and complex issue that affects families worldwide. It occurs when one parent wrongfully takes or retains a child, often without th...

Understanding Alimony: Legal Principles and Practical Considerations

Titile

Where a decree of Divorce was granted to a husband on the ground of desertion by the wife,it was held that the wife is not disentitled to get the alimony though her conduct may be considered in...

Divorce petition by wife - Refusal of -

Titile

>Wife has utterly failed to prove any ground to seek divorce. There is no reliable evidence of record to prove that the conduct/ behaviour of the husband has become intolerable for the wife or ...

A Legal Analysis of Sarla Mudgal v. Union of India: A Landmark Case in Indian...

Titile

Sarla Mudgal v/s Union Of India Our Constitution[1] guarantees the freedom to practice and profess any faith, including the freedom to change one's religion to one that was not bestowed upon t...

Case Comment: Baga tirkey v/s Pinki linda

Titile

Substantive law is essential in a society as it tells and specifies laws under which the community is governed. The judgment of Baga Tirkey v. Pinki Linda is a critical case that determines whe...

All You Need To Know About Divorce Alimony

Titile

Marriage in Hindu society is more than a simple ritual, it's sacramental in nature. Since it's considered sacramental in Vedic times marriage is considered more religious, hence there was no co...

Nikah (Marriage) In Muslim Law: A Sacred Pact For Harmony And Purpose

Titile

Introduction In the realm of Islamic jurisprudence, Nikah, the sacred institution of marriage, stands as a divine covenant that nurtures harmonious and tranquil family bonds. It transcends mer...

Legal Perspectives on Addressing Domestic Violence in Live-In Relationships

Titile

Domestic violence is a severe and pervasive issue in India, affecting individuals from all walks of life. In recent years, live-in relationships have become more prevalent in India, which has b...

Double Standards of Gender Equality: If Only Sachin Had Breasts And A Vagina!

Titile

For the past few weeks, the name 'Sachin' has gone viral in every social media feed, from Instagram to Facebook, Twitter, Youtube and whatnot. And for what? Because a middle-aged woman named Mi...

Shilpa Sailesh v/s Varun Sreenivasan: Judgment That Padded SC’s Divorc...

Titile

Section 13-B of Hindu Marriage Act provides for divorce by mutual consent and requires parties to wait for 6 months before moving the second motion in the Court. Whether or not, under Article 1...

The Stagnant State Of The Special Marriage Act, (1954)

Titile

Considering the fact that India is well known for its cultural diversity with numerous groups of people from different backgrounds co-existing with each other, as well as the state's secular va...

Uniform Civil Code And Conflicts Of Personal Laws

Titile

This research paper provides an in-depth analysis of the Uniform Civil Code (UCC) in India and the challenges it poses with respect to personal laws. The UCC is a proposed law that seeks to rep...

Child Custody Battles

Titile

The single most important component in inclusive growth is being a child. Children are not aware of their obligations or rights. They should reside with their parents for the sake of their over...

Analyzing Equal Rights of Women over Hindu Joint Family Property: A Case Comment

Titile

The Hindu Joint family property before the Hindu Succession Amendment Act, 2005 was only to be divided among the males in the family and the females were not even considered to be Coparceners. ...

Legal Status of Same Sex Marriage

Titile

According to scholars, the position of lesbian, gay, bisexual, and transgender people in society has evolved over time. In certain ancient cultures, like ancient Greece and Rome, homosexual rel...

What Are The Five Stages Of Divorce

Titile

These stages are often difficult and emotional, but they must each be navigated to reach a successful resolution. By understanding the different stages of divorce, you can be better prepared to...

Maintenance for a Live-in Partner: A Detailed Analysis

Titile

In India, 'Marriage' is considered a sacred institution by which a legally recognised union is formed. This very 'institution' is no exception with regard to the evolution of the society concer...

Tying The Knot: Age Of Marriage In India And Beyond: Unveiling Global Perspec...

Titile

Marriage is a sacred institution that plays a pivotal role in shaping societies across the world. One of the key factors that impact the dynamics of a marriage are determined by the age at whic...

Divorce in India: A Comprehensive Analysis, Relevant Cases, and Remedies

Titile

Divorce:one of the most undesirable phases of marriage. It is the legal process of dissolving a marriage and freeing the partners from the bond. The concept is not new and has been present in I...

Types Of Muslim Marriages

Titile

Types of Muslim marriagesThere are four kinds of marriage in Muslim law. There are four kinds of marriages as per Muslim law Sahih, Batil, Fasid and Muta. In essence, valid marriages must comply...

Divorce by Mutual Consent in India: A Comprehensive Guide

Titile

Divorce is never an easy decision, but when a couple mutually agrees that they can no longer live together, divorce by mutual consent provides a smoother and less adversarial option. In India, ...

Legitimacy of Children Born from void and voidable Marriage

Titile

This paper talks about the legitimacy of children who were born out of void and voidable marriages. In regards to this, a total interpretation of Section 16 of The Hindu Marriage Act will be do...

Sociological Perspectives On Inheritance Law Of India

Titile

The study investigates issues of inheritance law, the right to property, and current judicial developments in Indian succession law, where courts have lately construed legislation to provide In...

Hindu Marriage Laws: Ancient v/s Modern

Titile

As a matter of fact, the Hindu Marriage Act was enacted and enforced in the year 1955. Earlier, there were certain other laws which were in force such as Anand Marriage Act, 1909. Many other cu...

The Effectiveness Of The New Muslim Women Protection Of Rights On Marriage Ac...

Titile

The Muslim Women (Protection of Rights on Marriage) Act, 2019, popularly known as the Triple Talaq Act, marked a significant turning point in India's legal framework, aiming to address the long...

Annulment Of Marriage: Power of High Court

Titile

Annulment Of Marriage - Power Of High CourtExpression of choice in accord with law is acceptance of individual Identity. Curtailment of that expression and the ultimate action emanating there fro...

The Significance of the Uniform Civil Code in India: Promoting Equality and U...

Titile

The Uniform Civil Code (UCC) is a term that has garnered significant attention in India, sparking debates and discussions on its relevance and implications. The UCC refers to a set of common la...

Dowry's Legacy: A Look at Contemporary Developments

Titile

Dowry Death is one of India's most heinous or horrible concerns. Dowry is an all-Indian phenomenon. Every day in India, fifteen women are murdered by their newly married husbands or relatives o...

The Uniform Civil Code (UCC) in India: A Boon or Bane?

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across all religions in a country. In India, where diverse religious and cultural practices coexist, imp...

Law Relating To Maintenance In India With Special Reference To Uniform Civil...

Titile

Article 44 states that the State shall use all reasonable endeavours to provide its inhabitants with a unified civil code (UCC) over the entire territory of India, which is consistent with the ...

Understanding Coparcenary Rights and the Dayabhaga School: A Comprehensive An...

Titile

Coparcenary Of Dayabhaga School: Dayabhaga school is built on vajnayalkya smiriti, which jimutvahana interprets.   This school was accepted in West Bengal and Assam only. &...

Adoption Under Hindu Law

Titile

Mark solar, Jan C and Barbara have opined: "Adoption is a Legal procedure which permanently terminates the legal relationship between the child and his biological parents and initiates a new p...

Domestic Violence and Divorce in India: Protecting Yourself and Your Children

Titile

Domestic Violence in India includes all forms of actual abuse or threat to abuse that can be verbal, physical, emotional, sexual, and/or economic in nature. In other words, any abuse that cause...

Grounds For Divorce Under Hindu Law, 1955

Titile

Divorce means putting an end to the marriage by the dissolution of marital relations. It is the legal dissolution of a marriage by a court or any competent court. After divorce parties can no l...

Power of summoning u/s 319 Crpc

Titile

Power of summoning is not to be exercised routinely, it depends on the existence of more than a prima facie case that is sine qua non to summon an additional accused. There is no gainsaid t...

Movie Review: Thappad

Titile

Theme of the film The film Thappad spotlights a very concerning issue that plagues our society since time immemorial i.e., patriarchy. Women have been subjected to the unjust practices since t...

Increasing The Legal Age Of Marriage From 18 To 21 For Girls

Titile

Child marriage has long been a barrier in India. Even after 75 years of independence, child marriage continues to be a widespread social evil in many parts of the country. Women aged 20 to 24 w...

Analysis Of Disparity In Intestate Succession Of Women Under Hindu Succession...

Titile

"Just as a bird couldn't fly with one wing only, a nation would not march forward if the women are left behind" -- Swami Vivekananda The property rights of Indian women are determined dependin...

Legitimacy in Hindu Law

Titile

The word legitimacy has been derived from the latin term 'legitimare' which means to make lawful, justiciable, or valid. In India legitimacy is neither a practice nor a custom. We do not have a...

Hindu Code Bill: A Women's Right Movement

Titile

The Hindu Code Bill was a series of laws passed in India in the 1950s that aimed to reform and modernize Hindu personal law. The Bill was introduced in the Indian Parliament by the then-Law Min...

Muslim Marriage: Mehar

Titile

According to Muslim law, dower is an essential component of marriage. Dower is another word for the Arabic word Mehr. Muslim women have a special entitlement known as dower, which allows them t...

Examining the Implications: A Critical Analysis of the Family Courts (Amendme...

Titile

Although not a new concept, family courts do exist in several Western countries. India's judiciary already has too many cases of family matters that have been pending for a long time. Family ...

Evaluation of Women's Right to Property under the Hindu Law

Titile

The objective of this article is to give the readers an overview of Women's succession rights and examination of the same and comparing the difference of status of women before and after the ma...

Special Marriage Act 1954: Facilitating Interfaith and Inter-caste Unions in ...

Titile

Special Marriage Act 1954 is act provided a special form of marriage in certain cases, for the registration of such different marriages and for divorce. The Act allows interfaith and inter-cast...

Divorce With Special Reference To Triple Talaq

Titile

Talaq is an arabic word which means' freeing or undoing the knot'it signifies the dissolution of marriage when a Muslim man can severe all marital ties with his wife. Talaq in its original sens...

Analyzing: Irretrievable Breakdown Of Marriage As A Separate Ground For Divor...

Titile

The court system was established to protect against injustice, but justice must take precedence over injustice. Contradictions between constitutional and statutory provisions can occur as a res...

Krishna Lal Sadhu v/s Pramila Bala Dassi

Titile

Facts On 29th March 1910, one Bihari Lal Sircar insured his life for a sum of Rs. 500 at Hindustan Co-operative Insurance Society Ltd. According to the conditions laid down in the policy, soci...

Child Custody After Divorce

Titile

Child custody is a major concern for the divorcing couples. In the case of a minor child, both parents have equal rights over the child's custody of the child with mutual understanding. However...

Shah Bano Begum Case: Unveiling the Controversial Battle for Women's Rights a...

Titile

The Shah Bano Begum case, also known as the "Muslim Women's Maintenance Case," is a landmark judgment delivered by the Supreme Court of India in 1985. The case revolved around the iss...

Case Analysis Of Shayara Bano v/s. Union Of India: A Step Of Judiciary Towards

Titile

Shayara Bano vs. Union of India & Ors.Muslim Law, or Mohemmadan Law, is another personal law besides Hindu law which governs both the sects of Muslims in India (Sunnis and Shias). However, si...

The Progression Of Child Marriage Over Time

Titile

"It's all about Partnerships. Forced partnership don't make good marriages."-Allan Milbradt "Child, early, and forced marriage," according to UN Conventions and Resolutio...

Triple Talaq: Dissolution Of Marriage

Titile

Talaq: Dissolution of MarriageTalaq is an Arabic word, and its literal meaning is the "undoing of or release from a knot." Talaq represents freedom from the bondage of marriage. It refe...

Partition Of Dwelling House: A Critical Study

Titile

The elements which must co-exist to attract the operation of Section 4 of the Partition Act are first, that the dwelling house should belong to an undivided family; secondly, that a share there...

Dower Among Muslim Marriage

Titile

Dower Among Muslim MarriageDower, It is commonly known as "Mehr "in Muslims, it remains a basic and fundamental part of marriage among Muslims. It is totally different from the concept of dowry...

Cases Where The Courts Allowed Father To Have Custody Of Child

Titile

Swaminathan Kunchu Acharya v. State of Gujarat, (2022) 8 SCC 804 Facts: A (Husband) and B (Wife) had a Child (C) aged 5 years. In the Covid-19 Second Wave, parents lost their life. C started ...

Contemporary Study Of Maintenance Under Various Laws In India

Titile

The dictionary meaning of the term maintenance is support or sustenance. The term maintenance is not defined in the marriage laws of any of the religious communities. But the entitlement of cla...

Legal Arrangements And Factors Impacting Incestuous Relationships

Titile

The law was formed to regulate mortal life, organize, allow, and enjoin doing commodity that's considered not by the principles of justice and the benefit of humanity, for the fulfillment of ri...

Same Sex Marriages: Valid Or Not

Titile

The supreme court using its powers under article 145 legalize same sex marriages to a constitution bench comprising of 5 judges. The supreme court has complied all its underlying petition and t...

Daughter Rights After 2005 Ccoparcenary Amendment

Titile

Hindu Joint Family It has a patrilineal common ancestor and all his lineal male descendants up to any generation, as well as the common ancestor's and lineal male descendants' wives, widows...

Child Maintenance After Divorce Under CrPc In Light Of Abhilasha v/s Prakash

Titile

In the present case an appeal was made in the Supreme Court by a woman against her husband claiming maintenance for herself and her three children under Section 125 of Cr.P.C.. The Supreme Cour...

Causes Of Domestic Violence In India

Titile

In India, domestic abuse is a widespread issue that affects women of all ages, socioeconomic origins, and social strata. The prevalence of domestic violence in India is influenced by numerous f...

What Is The Constitutionality Of Bigamy In India

Titile

It is a type of practice in which a person has multiple spouses at the same time. The practice of Bigamy was very prevalent in most of the ancient civilizations. If a marriage is performed twic...

Matrimonial remedies under Muslim Law

Titile

When a Muslim married couple doesn't see any point of carrying on their matrimonial life for any reason, whether it is good or bad, they need certain solutions so that they can move on their re...

Right Of Muslim Women To Claim Maintenance (Under Section 125 Of Code Of Crim...

Titile

The Indian Constitution guarantees equal rights to all citizens irrespective of their gender, religion, or caste. However, the reality is different for Muslim women in India. They have been sub...

Uniform Civil Code: Recent Developments And Its Relevance In The Current Scen...

Titile

India is a nation of great cultural diversity, home to many religions in the world. In a nation with such great diversity where people follow more than five religions and have 22 recognized lan...

Critically Examining Insanity As A Ground For Divorce Under The Hindu Marriag...

Titile

This paper aims to give a holistic approach towards insanity as a ground for divorce. In specific, it aims to explore and critically analyze the pre requisites for marriage under the differe...

Marital Rape And Gender Inequality Inter-sectionality And Feminist Perspectives

Titile

What is marital rape?Marital rape refers to sexual intercourse between a husband and wife without the wife's consent. It is a form of violence against women that is often ignored or trivialized...

An Overview Of The Adoption Laws And Its Procedures In India

Titile

The main objective of this paper is to provide an overview of the adoption laws present in India. Initially there was only the Hindu Adoption and Maintenance Act, 1956 which governed the adopti...

Restitution of Conjugal Rights

Titile

India is a country that houses a multitude of cultures. Majorly, there are Hindus, Muslims, Christians, Jews and Parsis. To govern the population, there are laws which are generally applicable ...

Adoption Under Various Laws In India

Titile

"If you have the heart for adoption, don't let fear stand in the way" India is a country with great religious diversity and every religion has its own set of rules. The Indian legal ...

Fathers Are Not Second-Class Parents: Addressing Bias in the Child Custody Sy...

Titile

When it comes to children, fathers always are viewed as second-class people, and this is true outside of the courtroom as well. Leaving everything aside, let's start with a truthful fight. The ...

Research On: Child Custody Laws in India

Titile

In today's world, Divorce and separation is the challenging issue. But custody of the child is the most crucial issue after the separation of the spouses. Child born out of that marriage is the...

A Study: Uniform Civil Code In India

Titile

Everyone is equal in the eyes of law, however, there are some laws that treat citizens differently based on their religion and faith. They are called personal laws. Every area of life demands a...

Gender Justice In Hindu Succession

Titile

At the time of Vedic and Ancient period, women enjoyed status equal to men. Women enjoyed respect in their family. They considered equal at most of the levels. Like they were also educated, att...

Adoption: Issues And Challenges

Titile

As we all know India is a country of diverse religion in which according to the 2011 census, 79.8% of the population of India practices Hinduism, 14.2% adheres to Islam, 2.3% adheres to Christi...

Case Analysis: Abhilasha v/s Prakash

Titile

In this case of Abhilasha Vs Prakash, appeal was filed by a woman against the decision of the High Court against her husband for maintenance under section 125 of the CrPc to herself and her thr...

Maintenance Under Section 125 Of CrPC: Husband Required To Earn Money Even By...

Titile

The Supreme Court recently in the case of Anju Garg & Anr. v. Deepak Kumar Garg[1] observed that: The husband is required to earn money even by physical labour, if he is an able-bodied, an...

Should Live-In Relationships Be Legalized In India?

Titile

A Live-relationship, that is living together as a couple without being married to each other in a fairly acceptable way, is considered taboo in India. But lately, similar connections are being ...

Alimony And Maintenance Laws: Weapon Or Shield?

Titile

In India, women had full equality (at least legally) and unified respect. However, in modern culture, women are using the very legislation that was designed to protect them as a weapon instead ...

Restitution Of Conjugal Rights

Titile

Marriage is a ritual that brings two people together and links them to one another legally. When two people join together and are married, the result of that marriage necessitates that both peo...

Judicial Separation And Divorce

Titile

When a married couple reaches a point in their relationship where it becomes extremely difficult for them to continue in each other's company, they can seek judicial separation or divorce. When...

Conditions And Procedure of Registration Of Marriage

Titile

One of the most important institutions in any culture has always been marriage. The essence and significance of marriage has changed as times have changed. The institution of marriage was first...

Alimony Under Personal Laws

Titile

When a married couple decides to split ways and separate, the economically weaker party has the right to ask for some money to cover his or her living expenses. Alimony or maintenance is the na...

Nullity Of Marriage Under SMA,1954

Titile

Our society places a great deal of importance on marriage as an institution. The two parties are rendered legally bound, and rights and obligations are established. A marriage that has been sol...

Sources of Hindu Marriage Act, 1955

Titile

Hindu law, also known as the Dharma, is a set of legal principles and customs that originated in ancient India. It is considered to be one of the oldest and most complex legal systems in the wo...

Liability of husband in Nafaqah

Titile

In Muslim law, maintenance is not commonly used in the law it is similar to other personal laws. Every divorced wife has a right to maintenance by her former husband. The husband should maintai...

Can Homosexual Couples Adopt In India?

Titile

Adoption is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related. It is a way for children who cannot be raised by their b...

Legal Recognition Of Women's Property Rights: Daughters, Women And Divorced W...

Titile

This paper examines the property rights of daughters, married, and divorced women in India, with a specific focus on the legal frameworks that govern women's rights to property. India has a lon...

Divorce: Know Your Rights

Titile

Marriage as an institution plays an enormous role in society, family structure, religion, and even politics. Aside from these cultural relationships, marriage also serves meaningful functions t...

Women's Property Rights

Titile

India isn't an exception in having a subordinate position for girls compared with men, even though the girl rights movement gained steam after Independence and several other International Conve...

Unauthorized Alienation And Its Consequences In The Coparcenary Property: A C...

Titile

Property is one of the crucial parts of every family and its transfer is always been a perplexing issue. The transfer of property and its provision are given in the act popularly known Transfer...

Matrimonial Home: A Comprehensive Analysis

Titile

In India, marriage is an important institution. Marriage is a sacrament. The place where both husband and wife stay together after their marriage is known as a Matrimonial home. In India, it is...

Fraudulent NRI Marriages and Legal Issues Related to NRI Marriages

Titile

'NRI marriages' are generally understood as marriage between Indian women from India and Indian man residing outside India. NRI means non-resident Indian and the NRI man marries an Indian women...

Processes Of Social Change In India

Titile

According to Jones, "Social change is a term used to describe variations in, or modifications of, any aspect of social processes, social patterns, social interaction or social organization...

Formation of Coparcenary: Under Mitakshara and Dayabagha

Titile

Coparcener means a person belonging to the family and is legal heir of ancestral property of that family. Coparcenary is a legal word applied in Hindu succession law. It relates to someone who ...

Court Marriage And Registration

Titile

Court Marriage Solemnization of Court Marriages in India takes place under the Special Marriage Act of 1954. There is no discrimination between people of different caste, religion or creed. In...

Constitutional Validity Of RCR Under Hindu Law

Titile

This article is trying to critically analyse the concept of Restitution of Conjugal Rights, a matrimonial remedy available in the Hindu marriage act 1955. The author elucidate upon the same by ...

Special Law over Personal Laws

Titile

Recently I have come across some of the judgements of different High Courts of the Country wherein different views have been expressed by judges in cases where the point of consideration was "W...

Intercountry Adoption: An Instrument Of Child Trafficking

Titile

When a family is without children because the parents are unable to conceive due to infertility, they turn to adoption as a solution. The opportunity to parenthood that adoption offers the pare...

Short Note On Child Custody In Live-In Relationship

Titile

The position of Live-in Relationships is not very clear in the Indian Legal System. Children are the future of a contemporary progressive society, and the social relationships that control ever...

Domestic Violence and Live-In Relationship

Titile

The family which was once thought to be an arena of love, affection, gentleness, and a center of solidarity and warmth, has now changed into a place of exploitation. Domestic violence's roots c...

Customary Laws and Its Constitutional Validity

Titile

Frist of all, in order to understand the customary laws, we must understand what custom is. It is a practise that has gained legal authority due to its widespread use and long-standing habit[1]...

Infringement of Right to Privacy can be a Ground of Divorce

Titile

"No person can be deprived of his life and personal liberty" As we all know, every individual has the right to life as our Natural right as well as a fundamental right, and no person can take ...

Is The Increase In The Age Of The Marriage Of Girls A Stepping Stone Toward W...

Titile

Marriage has always been a topic of great general and public interest and therefore there is a requirement for proper rules and legislation which need to be brought with the needful changes in ...

Dowry Related To Domestic Violence

Titile

Dowry related viciousness is a difficult issue that influences the existences of ladies and young ladies. Share incorporates gifts, cash, merchandise, or property given from the lady's family t...

Overview Of Wills Under Hindu Law

Titile

As the term will indicates, it signifies a wish, desire, choice etc., of a person. A person expresses his will as regards the disposition of his property. The Act defines a will to mean "the le...

Foster care system in India

Titile

Children who are unable to live with their family are temporarily placed in foster care, commonly referred to as out-of-home care, by the States. Children in foster care may reside with family ...

Nullity of Marriage under Hindu Marriage Act

Titile

A socially and religiously recognized union between a man and a woman that establishes certain rights and duties between them is called a marriage. The parties to the marriage that is the man a...

Adultery

Titile

According to section 497 of the Indian Penal Code 1860 - "Adultery is Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of anoth...

Female Foeticide and Female Infanticide

Titile

In India, primarily in rural communities, individuals do not appreciate the birth of girl children and implement the acts of female foeticide and female infanticide. These are the criminal and ...

Abuse of 498A

Titile

The present paper claims to throw light on section 498-A of the Indian Penal Code. In this paper the researcher wants to discuss on the issues that incorporate the penal liability under the imp...

Uniform Civil Code: Recent Developments And Their Background

Titile

Recently, the Uttarakhand government extended the term of the panel headed by retired Supreme Court Judge Ranjan Prakash Desai to study the implementation of the Uniform Civil Code in the state...

The Status Of Wife And Children In A Marriage Not Properly Solemnized

Titile

The term "solemnization" of a marriage refers to completing all formalities and legal procedures so that the union can be recognized as valid. Only when all conditions are met is a marriage able...

Provisions Relating To Maintenance Of Wives, Children And Parents Under Crpc,...

Titile

Chapter IX: Maintenance Of Wives, Children And Parents The provision relating to maintenance of Wife, Children and Parents (section 125-128) is a measure for social justice and fall within the c...

Analysis: Cruelty As A Grounds For Divorce

Titile

Indian society has long faced many social evils and practices including sati, child marriage and dowry. The term dowry is defined under the Dowry Prohibition Act, 1961 as: Any property or valu...

Laws on Abortion

Titile

In current India, Medical Termination of Pregnancy (Amendment) Act, 2021 i.e., MTP Act and The Surrogacy (Regulation) Act, 2021 are the two main legislations which deal with the reproductive ri...

CARA Guidelines: Scope, Strength and Success

Titile

In India, except for the Hindu Adoption and Maintenance Act, 1956[1] and Juvenile Justice (Care and protection of children) Act, 2015[2], no other law directly governs the adoption procedure. T...

Dower Under Muslim Law

Titile

India is a secular country. The term 'secular' is interpreted as that there is no religion of the State. It treats all religions equally. The Indian Constitution guarantees that every person ha...

Guardianship Under Muslim Law

Titile

Custody of a minor means overall supervision of the minor's temperament. It means the care and well-being of the child along with the duty to take care of him. It is more than just caring for a...

Legality of Live-In Relationship in India

Titile

In India, the legality of live-in relationships is quite subdued. Although living in a relationship is neither a crime nor a sin, it is somewhat frowned upon in Indian culture. In a country lik...

Case Summary: Dhanwanti Joshi v/s Madhav Unde

Titile

Young ones getting married with people from foreign countries. Children are also then born in those families leading to people from different countries living in a same family. Then for example...

Equitable Distribution Of Property Rights Post-Divorce

Titile

Marriage is an institution of two people in which peaceful co-existence and mutual harmony are important and guide the two parties to live a happy married life. this institution has its ups and...

Amount Of Maintenance

Titile

Child support is the amount a husband must pay his wife if she is unable to support her during the marriage or separation. Support includes various benefits such as housing grants, wife support...

Mutual Divorce Section 13B Of Hindu Marriage Act Consequences Of Breach Of Mu...

Titile

According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file the petition in the Family Court with jurisdiction to grant the divorce by mutual consent. The terms ...

Essentials of Marriage Under Muslim Personal Law

Titile

Introduction to the Family Law: Family law is the body of law that administers the marriage, divorce, custody, adoption, support, paternity, and other domestic relations issues including m...

How To Take Divorce By Mutual Consent In India

Titile

Divorce is a process by which the marriage between two adults comes to an end which may be solemnized under different laws like Hindus which includes Sikhs, Jains, Buddhists are governed by the...

The Tussle Between Personal Laws And Fundamental Rights

Titile

Any law that violates fundamental rights can be struck down by the Supreme Court or any of the High Courts as far as the article 13 of the constitution is concerned. This article clearly states...

Marriage Equality: The Legal Age For Both Men And Women Should Be 18 Years

Titile

ONE-THIRD of the world's child brides are found in India, where child marriage is still commonly practised. Approximately one in four Indian women were married before the age of 18, according t...

Hindu Adoption And Maintenance Act 1956

Titile

Hindu woman's life estate has been enlarged into full ownership under the Hindu succession Act 1956. State the provisions of law and comment Section 14 of the Hindu Succession Act 1956 states ...

Changed Position of Adoption under Hindu Law

Titile

In Hindu philosophy, the legitimate son is given a pertinent position to get spiritual benefit as well as to continue the family. In earlier times, it was a must for every Hindu to have a son b...

Hindu Coparcenary: Coparcener rights and changing role of women

Titile

The idea and concept of the Coparcenary are discussed under the Hindu Succession Act of 1956. The meaning of the Coparcenary refers to the possession of the ancestral property of the family. Th...

Foreign Court Decree Of Divorce Its Competency And Validity In India With Ana...

Titile

Marriages are settled in heaven, and they are performed on earth. Happy couples are all alike, every unhappy couple is unhappy in its own way. That unhappiness often finds its painful way into ...

Solemnization of Marriage with Special Reference to Live-in Relationships

Titile

The Hindu Marriage Act of 1955 considers the conduct of shastric rites to be necessary for the solemnization of marriage. Introduction In India, there is no specific law governing "live-...

Divorce Under The Hindu Marriage Act 1955

Titile

According to R.N. Sharma, Hindu marriage is a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual purposes of dharma, pro...

A Study On The Property Rights Of Illegitimate Children In India

Titile

"There are no illegitimate children, only illegitimate parents."-Leon R. Yankwich. This research study examines the illegitimate children's property rights in relation to their parents' asse...

Doctrine Of Factum Valet In Hindu Law: Issue With Protection Of Human Rights ...

Titile

One of the most common and prevelent form of human rights violation in Indian comes in the form of child marriage. This is detrimental to both male and female children but has more grave conseq...

Menstrual Leave In Islamic Jurisprudence: A Classical Rhetoric

Titile

Everybody has heard how menstruation is a subject that carries a lot of stigmas and is fraught with taboos; women are made to feel guilty for a biological process that is as natural as breathin...

Section 498A Indian Penal Code: Most Abused Law In Indian Jurisprudence

Titile

There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.- Montesquieu Law is not law , if it violates the principles of eternal justice ...

Hadiya Marriage Case: Shafin Jahan v/s Asokan K.M

Titile

Freedom of choice is an idea that is absolutely central to majority better life which is not a new one. The significance of the quality of life of the people of society in considering the accom...

Uttar Pradesh Prohibition Of Unlawful Religious Conversion Ordinance 2020: An...

Titile

The Uttar Pradesh Prohibition Of Unlawful Religious Conversion Ordinance, 2020 (In Hindi Mentioned As: Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh, 2020) oftentimes re...

Validity Of Triple Talaq

Titile

Divorce is described as the legal dissolution of a marriage. As a result, the divorce process is difficult for everyone involved, even the divorcing spouses. Talaq, as the urdu term for divorce...

A Critical Analysis Of Child Custody Laws In India

Titile

Marriage, also called matrimony or wedlock, is a culturally recognized union between people, called spouses, that establishes rights and obligations between them, as well as between them and th...

A Complete Overview Of The Islamic Law Of Inheritance, With Particular Regard...

Titile

"O Abu Hurairah. Learn about the inheritance and teach it, for it is half of knowledge, but it will be forgotten. This is the first thing that will be taken away from my nation" - Prophet Muham...

Marital Rape: A Harsh Reality Behind Closed Doors

Titile

In India Marriage Institution is given a paramount importance in every individual's life . India is the only country which is known for its variety of culture, tradition , custom , belief and m...

Nikah Halala: Violation Of Women's Right Or Not

Titile

In October the case on criminal nature of Nikah Halala is set to be heard by the supreme court of our India in the backdrop of the case filed by Sameena Begum and Farzana Parveen in the form of...

Triple Talaq: A critical Analysis

Titile

Since a Muslim man can end years of marriage by saying the word "talaq" (divorce) only three times and doing it unfairly, Muslim women in India have lived in continual terror of being expelled ...

Case Analysis Of Vineeta Sharma v/s Rakesh Sharma

Titile

Section 6 of the Hindu Succession Act, 1956 was amended in the year 2005 by the Hindu Succession (Amendment) Act, 2005. Through this amendment, daughters were given the coparcenary rights and l...

Live-in Relationship: An Indian Perspective

Titile

India is distinct from other nations because of its rich cultural traditions as well as its moral and social values. The institution of marriage is as old as human civilization in India. Marria...

The Psychology of Adoption

Titile

Children have been known to bring light to any parent's life. It is quite distressing to know that those innocent children get trapped in heinous crimes such as human trafficking and sexual abu...

Maintenance Of Dependants

Titile

Granting of maintenance is a measure of social justice, by itself. It is the fundamental duty of a man to maintain his wife, children, parents, near relations, etc. so long as they are unable t...

Study Of Marriage Reforms In India: A Comparative Analysis Throughout Timelines

Titile

Marriage in India is an event filled with customs and traditions which have been carried out through the centuries and are still honored even after so many years. However, even if there are cer...

Citizen's Right To Transparency In Administration: An Analysis

Titile

Transparency is the guideline of permitting those impacted by administrative choices to be familiar with the subsequent statistical data points (e.g., the city spending plan) and about the cycl...

18 Or 21? Analysis Of Legal Age Of Marriage Of Women In India

Titile

Indian The government has proposed raising the minimum legal age of marriage for women from 18 to 21 years . Currently , the minimum legal age for women to marry is 18 years; For men , the corr...

Succession Of Sharer And Residuary Under Muslim Succession Law

Titile

The term Sharia Law,which refers to Islamic Law, will likely become familiar to many of you. Fundamentally, it is a body of Islamic law derived from the teachings of the ( Quran ) and the examp...

Female Succession under Hindu Succession Act, 1956

Titile

There have been various theories of the emergence of the concept of property and one of the most popular among them is the 'Property as a Natural Right' by John Locke. After the emergence and p...

Need Of Uniform Civil Code For Adoption Laws In India: A Critical Analysis

Titile

India is known for its diversity and respect for every religion in the way of having personal laws for different religions. Even though we believe in respecting sentiments and personal laws of ...

Hindu Code Bill And Ambedkar

Titile

Based on the recent debate on the Uniform Civil Code, here is an article on the Hindu Bill that was proposed but did not pass and the role of Ambedkar. Introduction "I measure the progress o...

Is Still There Is A Need For Restitution Of Conjugal Right? Analysis Of The ...

Titile

The historical understanding of marriage in many religions is that it is a sacred and a irresistible bond. Ancient Hindu writings had the concept of marriage, as a union of the opposite sex bet...

Modern Sources Of Law

Titile

Introduction To Law And Its SourcesToday, the law governs every aspect of our lives and has become paramount for survival and the control of unethical conduct in society; thus, it is critical t...

Right To Maintenance Under Muslim Law

Titile

"The lord hath commanded that you show kindness to your parents, whether the one of them, or both of them, attain too old age with the. Wherefore say not unto them. Fie on you neither reproach ...

Impotency As A Proof To Nullity Of Marriage Under Hindu Law

Titile

When we talk about marriage, a variety of notions come to mind, and the most significant one is regarding the basis of marriage or the reason why individuals get married in the first place. Mor...

Gender Inequality And Hindu Marriage Act, 1955: An Analysis

Titile

Gender inequality in Indian culture is not fresh. Since ancient times, women have been regarded as the weaker sex. Crimes against women are still popular today and fail to stop. In this context...

Restitution Of Conjugal Rights: An Unconstitutional Remedy That Needs To Be S...

Titile

Family Law in India is not based on a uniform civil code but is divided on the basis of the religion that one follows. Keeping in mind the diversity of the traditions amongst the plethora of di...

Consent: An Attributive Of Virtue In A Marital Relationship

Titile

"The male psycho-sexual logic looks at penetration as punishment. This is the rape that disciplines, the rape that penalizes me for the life I have presumably led. This is the rape that tames, ...

Feasibility Of Mediation In Matrimonial Disputes: A Way In Or A Way Out?

Titile

In the current times, where there is a backlog of nearly 27 million pending cases out of which about 55,000 are related to divorce[1], a constructive alternative to courts has come our way, and...

Mitakshara School of Hindu Law

Titile

The codification of laws in numerous areas has occurred under modern Hindu law. However, there are still instances where codification is lacking. Hindu law schools have played an important role...

Laws Governing Marriages in India

Titile

The governing of all marriages in India is done under the Hindu Marriage Act, 1955. Every aspect of marriage is covered under this act. As in India, every citizen is governed under personal l...

Same Sex Marriage

Titile

In laymen's language marriage is a term used when two people of different gender marry each other. Same-sex marriage is basically when two people of same-sex marry each other. India is a co...

Procedure Of Divorce

Titile

When both the parties i.e. husband and wife mutually agree to live separately and have been living separately for more than one year both the parties can file for mutual Divorce. For filing a m...

Legacy To An Executor Under A Will

Titile

The main concept to which a Will is dedicated is the concept of 'legacy', which means distributing the estate of deceased among certain beneficiaries according to rules set out in the Will. In ...

Joint Hindu Family

Titile

Hindu law emphasises the importance of a joint family. It is said that there is no way out of Joint Family for any Hindu. Perhaps in one generation or another, a Hindu will naturally form a Joi...

Reunion of Partition under Hindu Law

Titile

Reunion of a family; a situation in which the specific family members regain their position as a joint-family, which was lost during partition. The only method for family members to re-establis...

Sundar Yadav v/s Asha Kumari Case Analysis

Titile

Facts Of The Case Chanchal Yadav executed a registered sale deed dated 12.06.1976 in favour of his wife's brother Baldeo Gope, but subsequently he died and his widow Asha Kumari was substitute...

Disqualification Of Heir Under Hindu Succession Act, 1956

Titile

The law of succession under the Hindu Succession Act, 1956, is classified as under: Testamentary succession: The law of testamentary is concerned with giving the best effect to the wishes ...

Maintenance Of Wife Under Hindu Adoption And Maintenance Act, 1956

Titile

Our Constitution ensures equal opportunities for both men and women. But we cannot deny the fact that we live in a society that is pretty patriarchal. The patriarchal society conceptually consi...

Maintenance Under CRPC And A Comparative Study With Hindu Law And Muslim Law

Titile

Maintenance means to financially support one spouse to another. But it not only limits one's spouse but also to support his or her children or parents. In india there are various laws related to ...

Is The Wife Entitled To Maintenance From Her Husband After Divorce? Section 1...

Titile

It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own. Section 125 of Criminal Procedure deals with the order of maintenance of ...

Triple Talaq: Is Talaq-E-Biddat Islamic In Nature?

Titile

This article discusses Muslim personal law relating to talaq and the concept of talaq in Islam. It then focuses on TALAQ-UL-BIDDAT i.e., Instant triple talaq, which is regarded as highly sensit...

Theories of DIvorce

Titile

"Divorce is the golden key to the legal cage of marriage." The term "divorce" comes from the latin word divortium which means to separate. Divorce is the legal termination ...

Live In Relationships And Nuptial Agreement: A Critical Analysis

Titile

India a country of cultural values and ritual ceremonies cannot afford to plunge into western society. But since growing economy and people getting more and more aware, India finally has to ste...

Gender Inequality In Terms Of Marriage

Titile

"The willingness to take responsibilities for somebody other than yourself is at the root of every successful marriage."- L. Ron Hubbard Marriage is a relationship between peo...

Sologamy: Kshama Bindu - New Trend Setter

Titile

In Brief: Recently on Friday, June 3, 2022 in Times of India (also other newspaper's) a news flashed, new trend setter - Sologamy. 24 yrs old Kshama Bindu from Gujarat getting married to herse...

Administration Of Waqf Board In India: Issues And Challenges In Management

Titile

Waqf is defined by Indian law (Waqf Legislation) as "any person's permanent dedication of any moveable or immovable property for any purpose recognized by Muslim law as pious, religious, o...

Comparing Joint Property and Separate Property w.r.t Liability for Father's D...

Titile

From ancient times, the ancient Indian literature has been full of evidence of the emphasis placed on the discharge of duty to pay off debt. According to Ancient Indian belief, one is born inde...

Women's property: Stridhan

Titile

The Hindu Women's Right to Property Act of 1937 established a set of new inheritance rights on Hindu females, thus raising the value of women's wealth. As stated in Section 14 of the Hindu Succ...

Adoption

Titile

Adoption means a child is born in other family but is given to other family to raise. Adoption is a process of creation relation between parents and a child who are not related to each other, n...

legal service India.com - Celebrating 20 years in Service

Home | Lawyers | Events | Editorial Team | Privacy Policy | Terms of Use | Law Books | RSS Feeds | Contact Us

Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2025
ISBN No: 978-81-928510-0-6