family law

Parental liability means that parents are legally accountable for their children’s act. While a “parent” may be anyone who exercises control or authority over the child, generally a custodial parent is the one held criminally responsible for a child’s acts.  Parents who are lawfully liable can be prosecuted for criminal charges or c..

  Though same-sex marriage is not legalised in India per se and no reference of the same can be deduced from the ancient or historical writings & books, doesn’t directly relate that same-sex marriage is expressly prohibited in the country which preached the concept of UNITY IN DIVERSITY! p style="text-alig..

A deserving husband of a woman married under the Hindu Marriage Act, 1955 has every right to get maintenance. But no other law of similar kind provides for a husband to get maintenance from his wife. The term ‘maintenance’ includes a wide range of things for living such as food, clothes, residence and the things necessa..

Law permits on certain conditions the child custody to the grandparents. Being the father and the mother is a natural guardian, the custody of the child remains with them. Grandparents were granted child custody in certain circumstances and conditions. Before granting child custody two things should be considered by the court. They..

Mere cohabitation or negotiation for marriage is not a marriage. A document will not solemnize a marriage. Marriage in accordance with the custom of the community has to been conducted, unless it is proved there is no valid form of marriage. If the marriage is not took place in accordance with the manner known to law, then no one can claim husband and wife relations..

This is a new trend in Indian laws that maintenance is provided to women who have a live-in relationship for a period of time. This happens after the implementation of the Domestic violence Act in India. No Indian laws has defined who is a wife neither the Hindu marriage act or the Christian marriage act and even the special marriage act has not defined who is a wife ..

A spouse can file an application for a declaration to declare his or her marriage with his husband or her wife as null and void on the ground that, at the time of their marriage, the first marriage of the respondent with his first wife or first husband was subsisting. On the allegation that the other spouse has committed a fraud and suppressed the material fact of h..

After the solemnization of the marriage when any of the spouse either the husband or the wife is treated with cruelty, they are eligible for divorce. Section 13 (i) (a) of the Hindu marriage has not defined the term cruelty. But the courts has interpreted that cruelty falls under Physical and mental cruelty. And the cruelty may be intentional or unintentional.  &..

Through the judgment of the case - Thualsidhara & Another v. & Others, delivered on May 1, 2019, the division bench of Justice L. Nageswara Rao and Justice M.R. Shah, at the Supreme Court have made it clear that on the lines of its judgment in the case - Subraya M.N. v. Vittala M.N. & Others - (2016) 8 SCC 705, even without registration a written docume..

The Indian divorce laws for ending a marriage legally classify divorce as a mutual consent divorce and contested divorce, applicable over a divorcing couple in accordance with their circumstances and consent of the spouses to opt for a divorce. Here’s a brief guide for a better understanding of the key features of the kinds of divorce in India: p style="..

The wife's role has traditionally been understood as submissive, docile and that of a homemaker. Sex has been treated as obligatory in a marriage and also taboo. At Least the discussion openly of it, hence, the awareness remains dismal. ..

Section 24 deals with void marriages. As per this section, if any of the pre-conditions laid down in Section 4 are violated, the marriage would be void. Any aggrieved party may also present a petition to declare such a marriage a nullity. In a judgment delivered yesterday, ..

Introduction: Under Muslim Law  if the marriage is Sahih (Valid marriage), then the wife and her child are entitled to get husband’s property if the marriage is Void marriage, then the wife has no right over husband’s property and child from such wedlock is considered as illegitimate and neither the child  have any right over t..

In laymen words, desertion merely means run away. Desertion means not to withdraw from a place but to withdraw from a state of things. It doesn’t mean to merely desert, as its literal meaning, but to leave from the society of the spouse. Even if the spouse left the house but still contacts her through phone or other means, it cannot be a ground for desertion. ..

In a multicultural country like India, there have been conflicts between gender equality and claims of religious minority rights .The Indian Constitutional history has struggled with this conflict for a long time. The name Shah Bano has become synonymous with this struggle. A 62 year old Muslim mother of five children, Shah Bano was divorced by her husband in 1978. ..