family law

In a significant ruling, a division bench of the Rajasthan High Court has held that a woman on her marriage, whatever her domicile of her origin might have been, acquired 'domicile' of her 'husband.' Domicile determined by marriage : Consequently, the division bench 'dismissed' a special appeal petition moved by the state government challenging a single bench judge verdict, which had also ta..

New Delhi: The Supreme Court has held that in case of dowry death prosecution need not to prove that there was an agreement for dowry between the families of the bride and the bridegroom as making such a demand is an offence.Interpreting Section 304-B IPC the apex court said that if courts are to insist on such agreements, then virtually no offender could be booked or convicted"Demand ..

Talaq Uttered In Drunken State Valid: Darul Uloom 7 Jan 2009, 0217 hrs IST, TNN LUCKNOW: Typing the word ‘talaq’ on an SMS which may not be “sent” or uttering the words ‘talaq’ thrice even under influence of alcohol or in a fit of rage amounts to separation under the sharia. Darul Uloom-Deoband recently issued a fatwa on three issues contrary to the common belief that the stat..

JILTED AFGHAN BRIDE SEEKS JUSTICE IN INDIA 30 Dec 2008, 2323 hrs IST, TNN NEW DELHI: It's a love story gone sour. So, she has crossed the border, from Kabul to New Delhi, seeking justice. A young Afghan translator, Sabra Khan, is in the Capital, complaining about having been deceived by an Indian army doctor who allegedly married her and then abandoned her in Afghanistan. Sabr..

MADRAS HC STAYS ORDER IN DIVORCE CASE 12/23/2008 A judge of the Madras High Court has stayed his own order, transferring a divorce case from a family court in Chennai to a court in Bangalore. Admitting a review petition filed by R Balaji of Perambur, Chennai, Justice S Rajeswaran ordered notice to Ms Manjula alias Manasi, estranged wife of Balaji, who is living in Bangalore. In his rev..

BOMBAY HC : WIFE LIVING SEPARATELY DOES NOT AMOUNT DESERTION 24 Dec 2008, 0533 hrs IST, Shibu Thomas, TNN MUMBAI: A spouse living in a separate residence doesn't amount to desertion, the Bombay High Court has ruled. Justice V R Kingaonkar of the HC bench at Aurangabad recently held that in such cases, the husband had to prove a crucial ingredient of animus deserendi-the intent..

DELHI HC UPHOLDS DIVORCE ORDER ON GROUND OF CRUELTY BY WIFE 12/19/2008 Putting an end to a 52-year-old nuptial tie, the Delhi High Court upheld the divorce granted to a husband by the sessions court on grounds of cruelty by the wife. Granting divorce to Jai Kishan Balani, an IPS officer, who is living separately from his wife for the last 40 years, Justice V B Gupta held that there was no..

HC ALLOWS WIFE TO DIVORCE HIV-POSITIVE HUSBAND21 Dec 2008, 0005 hrs IST, TNN MUMBAI: The Bombay high court recently upheld a family court order that dissolved a marriage on the grounds that the husband was HIV-positive and cruel. The court was hearing an appeal by the husband against the family court order, which observed that the HIV virus leads to AIDS, a venereal ..

Federal Law Gives Tribe Ruling in Baby Talon's Fate Six months ago, Utah couple Clint and Heather Larson adopted a baby boy named Talon who was born with drugs in his system and nursed him back to health. A 6-month-old baby is returned to his birth mother's Indian tribe. The baby's biological mother is a member of the Leech Lake band of the Ojibwe American Indian tribe. A few months late..

N.D.TIWARI IS MY SON'S FATHER, UJJWALA SHARMA TELLS COURT December 16, 2008 | -------------------------------------------------------------------------------- New Delhi: Andhra Pradesh Governor N.D. Tiwari faces more trouble as Ujjwala Sharma, mother of Rohit Shekhar who has said he is the veteran politician's natural son, Tuesday told the Delhi High Court that he was born out of he..

DELHI HIGH COURT EXEMPTS N. D. TIWARI FROM APPEARANCE IN PATERNITY SUIT 12/15/2008 The Delhi High Court exempted veteran Congressman and Andhra Pradesh Governor N D Tiwari from personal appearance before the court tomorrow. Hearing a paternity suit filed by one Rohit Shekhar, a division bench headed by Justice A K Sikri and Manmohan Singh granted interim relief to the Andhra Governor, chall..

Wednesday, Dec. 10, 2008 Court weighs how maternity leaves affect pensions By SAM HANANEL Associated Press Writer WASHINGTON (AP) - Several Supreme Court justices questioned on Wednesday whether AT&T Corp. is discriminating against former employees by paying smaller retirement checks to women who took pregnancy leaves in the 1960s and 1970s. The court heard arguments in the case of ..

In a landmark verdict, the apex court in Nepal has given its consent to same-sex marriages, a move that beats off social taboos in the conservative valley. The apex court on Monday directed the Maoist-led government in Nepal to formulate necessary laws to guarantee full rights to gays, including right to same-sex marriage. "The court has instructed the government against making any discrimin..

THE CASE REGARDING VALIDITY OF CHILD MARRIAGE BEFORE SP. BENCH OF DELHI HIGH COURT WAS ADJOURNED FOR 12/12/2008. MR ARVIND JAIN WILL ARGUE THE THE CASE ON THE NEXT DATE.THIS IS GOING TO BE A STEPPING STONE IN JUDICIAL HISTORY...

ADVOCATE ARVIND JAIN TODAY ARGUED BEFORE SPECIAL BENCH OF DELHI HIGH COURT COMPRISING JUSTICE VIKRAM JIT SEN,SANJIV KHANNA AND V.K.SHALI ON CONTRADICTIONS AND CONFLICTING PROVISIONS OF LAW REGARDING CHILD MARRIAGE. HE submitted that nothing could be more barbarous and heinous than the laws regarding child marriage. In brief the legal position, specifically in regard to child marriage and conseque..