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family law


6 months Cooling, Waiting Period for Divorce under Hindu Law is Not Mandatory!

(A) Dated: 12-09-2017; Apex Court; Supreme Court of India: The Apex Court relaxed the procedure of granting divorce on the ground of mutual consent by the path breaking judgment that the bench of Adesh Kumar Goyal and U.U. Lalit, pronounced. The bench ruled that; period mentioned in Section 13B (2) of the Hindu Mar..

Posted in articles |   2 comments |   1245 Views


Struggling to get Divorce, here are some land mark cases in favor of husband

1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Dr. Anita Rani V/s Dr. Suresh Kumar Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower..

Posted in articles |   15 comments |   1652 Views


Live in Relationship (Legal v/s Social view)

Live-in Relationship It is no more a taboo in India, although it's been very much less understood, misunderstood and controversial topic of our society. But in today's fast growing world it has become an integral part of our society. I being a lawyer very commonly come acr..

Posted in articles |   9 comments |   1066 Views


Money suit on the Estate of the Deceased

'Money suit on the Estate of the Deceased, to the extent acquired by them, - not maintainable as per Section 6(4) of Hindu Succession Act'. Till date the money suits were filed on the basis of the averments viz… that M/s.XXX is dead and he is survived by his wife, two sons and two daughters who are the d..

Posted in articles |   1590 Views


Triple Talaq Illegal

Summary of Supreme Court Judgement The practice of Triple Talaq was going on for many years In India and it was incorporated in Muslim  Personal Law (Shariat) Application Act, 1937. The main reason why triple talaq was challenged in..

Posted in articles |   1 comments |   371 Views


Cruelty: A flourishing ground for Divorce

Cruelty is an adequate ground for dissolving a marriage solemnized under a valid law, on a petition filed by either of the party in marriage. But what constitutes cruelty is not spelled out in law. This creates some confusion among the stakeholders of divorce petition and they bring in anything and everything under the sun as an instance of cruelty to get a quick divo..

Posted in articles |   2 comments |   797 Views


Impact of Violence behind Closed doors on the Health and well-being of Children

Years back, I met a girl named Pragya (name changed) through some close friend of mine, who was struggling with herself. Talking to her over a cup of tea, she confessed that she is facing a problem with almost all walks of her life. She fails to adjust amongst people, she feels inferior and under-confident. She thinks she's not worthy of anything and that has beco..

Posted in articles |   6 comments |   327 Views


Divorce laws among Hindus is indeed most unbecoming act of law makers of India

Indian 'Lawmaking' is just some 'Disastrous mechanism' of law makers - Idea of  Divorce  of marriage is scathing  attack on emotional bondage of Human Life sustenance, as it alone make life some what sustainable if not, there is 'No Society at all' is in existence.  I say. p style="text-align: justif..

Posted in articles |   8 comments |   436 Views


Controversy of The Divorce under Muslim Personal Law - An Overview

Recently, a daring Muslim woman Shayara bano filed a writ petition in the year 2016 before the Apex Court challenging the practices of Polygamy, talaq-e-bidaat and halala prevalent among the Muslim Community terming these practices as violative of individual’s fundamental right to equality, right against discrimination and right to live with human dignity guar..

Posted in articles |   497 Views


Spouse leveling false accusations against the other spouse is a ground for divorce

Apex Court: Conduct of a spouse leveling false accusations against the other spouse would be an act of cruelty and ground for divorce. If it is found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelilng false accusations against the other spouse w..

Posted in articles |   4 comments |   1357 Views


Family law in France

Introduction  Sources of family law  French family law is laid down in articles 144-487 of the Civil Code (’Code Civil’, CC), which is the primary source of family law. Case law is also important and can be found in various reviews. Cases o..

Posted in articles |   411 Views


Family law in Spain

Introduction  Sources of Spanish law  Spanish civil law, of which family law is a part, is regulated by the Spanish civil Code (‘Codigo Civil’, CC). In addition, some autonomous communities have jurisdiction to make their own laws, whi..

Posted in articles |   362 Views


Spouse suffering from Hepatitis B, a sexually communicable disease is not a ground for divorce

(A) When couples tie the nuptial knot, they swear to be at each other’s side in sickness and in health. So should a spouse be allowed to wriggle out of this commitment when other spouse is afflicted with a serious disease? Answering in the negative, the Courts have ruled that: p style="text-align:..

Posted in articles |   1 comments |   817 Views


Family law in Norway

Introduction   Sources of family law   Family law in Norway is codified in the Marriage Act of 4 July 1991, No 47 (‘MA 1991’). Relevant provisions a..

Posted in articles |   2 comments |   329 Views


Family law in Denmark

INTRODUCTION Sources of family law A codified system of law is possessed by Denmark. The Acts of Parliament supplemented by court decisions are the primary sources of family law; in which judges have interpreted and applied the legislation. p style..

Posted in articles |   329 Views




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