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family law


Is English law related to Muslim law?

Is English law related to Muslim law? By Mukul Devichand In London's historic "Inns of Court", barristers practise law in the shadow of the distinctive medieval Temple Church. But does English law really owe a debt to Muslim law? For some scholars, a historical connection to Islam is a "missing link" that explains why English common law is so different from classical Roman legal systems ..

Posted in news |   463 Views


Maintenance includes Right to Food, Clothing, Education

SC: Maintenance includes Right to Food, Clothing, Education The Supreme Court has held that the right to maintenance to a wife includes right to residence, food, clothing, education and medical care. A bench comprising Justices Arijit Pasayat and Mukundakam Sharma, while disposing off the appeal of Ms Komalam Amma, noted ‘Maintenance, as we see it, necessarily must and encompass a provision ..

Posted in news |   530 Views


Cost of estrangement keeps mounting for husbands

They Will Have To Reimburse Separated Wife’s Medical Expenses: SC New Delhi: Cost of estrangement continues to mount for husbands — who are mandated by law to pay the wife maintenance — with the Supreme Court churning out judgments giving a very expansive meaning to the word d ‘maintenance’. Soon after its ruling that maintenance for estranged wife included a house at par with the one in..

Posted in news |   424 Views


Call to amend Divorce Act

Chennai, Nov. 19: The Madras high court has suggested to the Union government that it bring an amendment to Section 2 of the Indian Divorce Act, which required the spouses belonging to Christianity be domiciled in India at the time of presentation of the divorce petition. Contending that if either of the spouses migrated to another country and the question of presentation of petition for dissoluti..

Posted in news |   467 Views


MONOGAMY IN MUSLIMS _ KERALA MULLS

Kerala law reforms panel mulls proposal on muslim monogamy The Kerala Law Reforms Commission is mulling a proposal to make monogamy the general rule for Muslims in the State, with exceptions provided under only ‘socially exceptional’ circumstances. The Draft Committee of the Commission, headed by Noted Jurist, Mr Justice (Retd) V R Krishna Iyer, has circulated among Commission Members the dr..

Posted in news |   708 Views


Marriages can be held in faith in SMAct.

All inter-religious marriages, except those within the Hindu, Buddhist, Sikh and Jain communities, be required to be held only under the Special Marriage Act, 1954. According to a report submitted by the Law Commission of India for the purpose of matrimonial causes and remedies, the Special Marriage Act, 1954 provisions can be made applicable to them even if such a marriage has been solemnis..

Posted in news |   332 Views


Apex Court Directs Compulsory Registration Of Marriages

In a ruling, having far reaching consequences, the Supreme Court has directed that all the marriages, irrespective of religion, will be compulsorily registered. The Court gave a time of three months to the centre and the state governments to frame and notify the rules in this regard. The Court gave clear directions to incorporate the ‘consequences of non-registration’ in such rules. The Court a..

Posted in news |   423 Views


Draft law tightens surrogacy norms

MUMBAI: Having a test-tube baby may now involve hiring a lawyer along with a doctor. India’s new draft rules on infertility state that couples who need a surrogate mother will have to approach a semen bank instead of an infertility specialist to make a selection. Welcome to the future of infertility treatment as envisaged by the new Assisted Reproductive Technology (Regulation) Bill & Rules, 2..

Posted in news |   268 Views


Daughter in law can't claim Right to Live in In-laws house : Delhi H.C.

Justice S N Dhingra of Delhi High Court has held that the old parents whose relations with their son and daughter-in law turn sour have every right to show them the door and the daughter-in law cannot claim any right to stay in their house claiming to be having a legal right to live in the matrimonial home. In the present case, an old couple staying in Ashok Vihar filed a suit in the Delhi ..

Posted in news |   1014 Views


Commercial surrogacy legal and industry in India: SC

NEW DELHI: Japanese surrogate baby Manji may have thrown up a huge debate between purists and the needy about the ethicality of surrogacy, but the Supreme Court not only validated “commercial surrogacy” but also termed it a virtual industry in India. In its judgment in the Manji case on Monday, the apex court allowed the child’s biological grandmother to approach the Centre for travel document..

Posted in news |   276 Views


Prenatal diagnosis No female foetide

On the suggestions of a Attorney General Soli Sorabjee, a bench comprising Justice M B Shah and Justice S N Variava also directed the Central Supervisory Board (CSB) to meet every six months to review and monitor the implementation of the act. This order came on a public interest litigation (PIL) filed by the Centre for Inquiry into Health and Allied themes (CEHAT) which submitted that the male f..

Posted in news |   305 Views


SC dismisses PIL by Narendra Kumar

Matrimonial woes: SC dismisses PIL by Narendra Kumar New Delhi, Aug 18 The Supreme Court today dismissed a PIL by Narendra Kumar Verma challenging its order directing him to reunite with his wife on the grounds that such an order violated his fundamental right to life. A bench comprising Justices B N Agarwal, G S Singhvi and J M Panchal said no violation of any fundamental right was i..

Posted in news |   674 Views


Surrogate Baby Stuck In Legal Limbo

JAIPUR, India (CNN) – Baby Manjhi has no nationality, no legal mother and no clear path home from India to Japan to a father and grandmother who desperately want her. “From deep inside my heart, I want to return immediately to my own country with my grandchild,” said Emiko Yamada, the girl’s grandmother. At just two weeks old, Manjhi Yamada is stuck in legal limbo — the offspring of commerci..

Posted in news |   567 Views


divorce proceedings through video-conferencing

CHENNAI: A Family Court here conducted divorce proceedings through video-conferencing and e-mailed a divorce order to a consenting couple – wife living in Australia and the husband in the U.S. Hitherto during similar proceedings before the Family Courts, at least one party to the litigation was physically present before the court, said court officers and advocates. The couple, both software prof..

Posted in news |   419 Views


HC curbs on arrest of in-laws in dowry cases

New Delhi: Bringing hope to thousands of people allegedly harassed by married women and unscrupulous policemen through misuse of anti-dowry provisions, the Delhi High Court on Thursday said that the family members of a man facing such charges cannot be arrested without the approval of a DCP. Ordering strict implementation of the guidelines issued by the police commissioner, Justice Kailash Gam..

Posted in news |   847 Views




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