family law

According to the findings of a recent Research Study on ‘Centre’s Policy of Older Persons’, commissioned by the Ministry of Social Justice and Empowerment, conducted through an External Agency viz. All India Senior Citizens’ Confederation, covering the States of Uttar Pradesh, Punjab, Madhya Pradesh, Odisha, West Bengal, Arunachal Pradesh, As..

Qui per fraudem agit frustra agit. A person who acts fraudulently acts in vain. In this article, the author delves upon Alimony Contracts and the applicability of Section § 25 of the Indian Contract Act, 1872.   It would be fruitful to re..

The Muslim Women (Protection of Rights on Marriage) Bill 2017 - popularly known as Triple Talaq Bill - introduced in Lok Sabha on 28th December 2017 and passed within four hours on the same day without it being referred to the subject committee of Lok Sabha for deeper deliberations as the procedures of parliamentary business prescribe, is not only a bloat on the alr..

Mutual Divorce is the kind of divorce sought and obtained from the family court by filing a joint petition by both parties in a marriage on the basis of mutual consent. It is the quickest form of divorce for an irreparably broken marriage. Divorce is normally sought only when the husband and wife do not want to live together and continue their marriage relation any lo..

INTRODUCTION In this recent case, titled Prateek Gupta v. Shilpi Gupta & ors the Supreme Court has passed an important judgment wherein custody of child initially residing in the US and later on brought to India by father was disputed. ANAN..

Introduction Going through a divorce settlement is not easy. With an ongoing maintenance suit coupled with other allegations, it gets severely difficult. The excruciating aftermath of a divorce settlement often involves the battle for the physical custody of the child. Chi..

BACKGROUND Article 14 of the Indian Constitution provides for equality before law and equal protection of laws. The first phrase translates as a positive right conferred upon the people by the virtue of which every person will be subject to the same judicial system without any privileges or any discrimination w..

Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee'. Declaration is to be signed by employee, spouse, Father, Father in Law (A) In judgment hailed as landmark judgment Haryana State Info..

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for ..

Mridangra J. Hira Lal Suchak V. Neena M Suchak Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C. page 360. In this case, father was given custody of child mother gets visitation. Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ..

Introduction In a country like India, where marriage is considered to be a sacrament, the concept of Divorce was unknown to ancient India. In fact, Manu declared a marriage to be the highest dha..

If Spouse is unwilling to stay together but bent to keep other Spouse tied in Dead Marriage, then it is also 'Cruelty' Refusal to participate in proceeding for Divorce and forcing the appellant to Stay in a Dead Marriage would itself constitute Mental Cruelty. If there is no likelihood o..

(A) A Man that is a Husband is a Son also.  A Man that is married and has wife, children; has Father and Mother also. Morally a Man that is a husband is under obligation to maintain wife and children. Morally man that is a son has a pious duty and is under obligation t..

Does child born from arrangement other than marriage has a right on Hindu Father's property! The Court analyzed the matter thoroughly and provided answer as clear as water; NO! (A) Whether a child born to a couple who are in live-in relationship, can be covered under section 16 of th..

Polygamy means entering into more than one marriage while the first marriage is still subsisting. Marrying second time will be Bigamy. If Husband marries multiple times, it is Polygyny. If wife marries multiple times, it is termed as Polyandry. The Polygamy is not common and in most of the societies, it is looked down upon. Economically also, it is difficult to sustai..