family law

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. ..

Domestic violence is violence or any type of abuse done by one person against the other person when they are in domestic relationship. The domestic violence is a type of rude behavior by one person in relationship to control the other irrespective of partners is married or not. The definition of Domestic violence is provid..

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off&rd..

Divorce matters are filed before the Family Courts constituted since 2010 and the matter is taken up by the court thereafter, the stages involved with the proceedings related to divorce can be summarized in following steps: tbody..