family law

  IN THE SUPREME COURT OF INDIA     div style="border-right: windowtext 1pt solid; padding-right: 4pt; border-top: windowtext 1pt solid; padding-left: 4pt; padding-bot..

 Powers Of Karta font face="MS Sans Serif" color="#00..

  Female Members As Karta font face="MS Sans Serif" color="..

 Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member i..

I was recently privileged by a fellow member who solicited my input on the Protection of Women from Domestic Violence Act 2005, to help with research. Below is a brief text of my humble response. My thoughts hereunder should not be interpreted as advice of any sort; it is merely an opinion (and everyone has one of..

The Karta of a Hindu joint Family in Hindu Law is the senior most member of the family entitled to manage family affairs, in his absence the n..

The question would arise as to whether in the facts and circumstances where the complainant had left the matrimonial home and started living with her father in1993, could a case be registered against the appellant under Section..

 Islam, unlike other religions is a strong advocate of marriage. There is no place of celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said “There is no C..

 Christian law per se does not have any provision for custody but the issues are well solved by the Indian Divorce Act which is applicable to all of the religions of the country. The Indian Divorce Act, 1869 contains provisions..

 All the personal law matrimonial statutes make provisions for dealing with the issue of child custody. The provisions in the matrimonial Acts can, however, be invoked only when there are some proceedings pending under the Act...

 # The welfare of the minor is very broadly defined and includes many diverse factors, notably: # the age, sex and religion of the minor: courts ..

 Islam, unlike other religions is a strong advocate of marriage. There is no place of celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said “There is no C..

 A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract ..

 The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not..

In matters where paternity is disputed, the court must have regard to Section 112 of the Evidence Act. This section is based on the well known maxim pater est quem nuptioe demonstrant (he is the father whom the marriage indicates). The presumption of legitimacy is this, that a child..