Latest from Family Law

Legal Framework and Case Law on Restitution of Conjugal Rights

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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

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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

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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...

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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

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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

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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 ...

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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

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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 ...

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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

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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...