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family law


Calculation of maintenance and interim maintenance to wife

Here are some of the Judgments which help in assess the interim maintenance/maintenance to wife and how courts devise the amount. Image result for interim maintenance Revision vs. By Advs.Sri.C.P.Peethambaran There is n..

Posted in articles |   1 comments |   3362 Views


Reasons for Divorce in India

In India, issues of family law such as marriage, divorce and adoption are governed by a myriad of both religious and secular laws. Marriage and Divorce are influenced by religion, and each religion has a separate set of divorce laws that will be applicable to its followers. Hence, the grounds or the possible reasons for divorce differ depending on the legislation or r..

Posted in articles |   7 comments |   1649 Views


Why do we abolish talaq?

Recently there is much uproar regarding triple talaq. A communalist party which also claims to be nationalist, start saying that talaq is discrimination against Muslim women. Muslim women must get equal treatment like Hindu women. In Hindu divorce system, one has to go through court. It is a tedious partial and tiresome process. It takes 20 years or more to get a divo..

Posted in articles |   2 comments |   326 Views


Son can divorce wife if she tries to separate him from aged parents

The Supreme Court of India, has held, in recent judgment,on OCTOBER 06, 2016. A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them. Insisting her husband to li..

Posted in articles |   19 comments |   1184 Views


Live in relationship and protection of women from domestic violence act,2005

1. INTRODUCTION India is a country which is slowly opening its doors for western ideas and life styles and one of the most crucial episode amongst it is the concept of live in relationships.[1]A relationship of a man with a woman in legal parlance is legitimate if is based on proper marriage and illegitimate if not..

Posted in articles |   6 comments |   2114 Views


Custody of child during pendency of dissolution of marriage suit under Hindu marriage act

CUSTODY OF CHILD DURING PENDENCY OF DISSOLUTION OF MARRIAGE SUIT UNDER HINDU MARRIAGE ACT : Karnataka High Court   A petitioner who had applied for dissolution of marriage further approached the lower court to seek custody of the child who is six years old studyi..

Posted in articles |   3 comments |   626 Views


Hindu can be a manager of a joint family, denoting a role distinct from that of the Karta

As per the Hindu Succession ( amendment ) Act 2005, that Female Member of joint Hindu family, having acquired the status of a coparcener from her paternal ancestors as the status of HUF property even after her marriage and thus she can therefore, form HUF from the ancestral property with her children being coparceners of this HUF.  p style="t..

Posted in articles |   576 Views


Surrogacy bill: Some serious questions

The new surrogacy bill aims at destruction of surrogacy for money-surrogacy trade. In doing so it raises many serious questions. In this article I want to ask those questions.   First of all, this bill mandates that surrogacy must be done among close relatives. this is ve..

Posted in articles |   5 comments |   578 Views


498A Quashing - How to Quash

These days it's 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 them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this reme..

Posted in articles |   5 comments |   983 Views


Transfer Petition in Supreme Court-How to defend?

  When wife files the transfer petition in Supreme Court usually husband is defenseless, although husband receives the summons from the Supreme Court if the transfer is from one state to another, here are some of the judgements which can help  ..

Posted in articles |   2 comments |   1003 Views


Mental Cruelty - All in the mind

Divorce on grounds of cruelty has two forms one is the physical cruelty and other form is the mental cruelty, the physical cruelty is easier to prove as direct evidence is easily available, medical records, witnesses etc. But what about mental cruelty? how one can measure or see emotions like disappointment,fear, frustrations etc. which is caused by other sp..

Posted in articles |   1 comments |   1790 Views


Can't wait anymore

In Hindu’s marriage is considered to be a Sacrament and not the contract. The husband and wife tie there knot before the sacred fire and take the blessings of elders to live their life together for many lifes to come.  But sometimes there arises a situation where in the husband and wife could not live together even for a single life. Therefore in order t..

Posted in articles |   1 comments |   1056 Views


Divorce by Desertion-what to prove?

Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that's it. But actually what courts in India require are the 4 things which are to be established by the spouse who is seeking divorce on this ground..

Posted in articles |   18 comments |   3050 Views


Arbitration and its relation to family laws

INTRODUCTION:   “Arbitration is a divine function”[1] , arbitrators are “God’s people”[2]. Apostle Paul is in support of arbitrators being appointed in the Church to decide on disputes among the church members.[3] “ Arbitration..

Posted in articles |   2 comments |   1754 Views


Redefining marriage and law through bio-psycho-religio-lingo-socio-legal factors

INTRODUCTION-DEFINITION OF REDEFINING:   On the point that once redefined  concept soon becoming a definition of that concept I take courage of redefining it again or in other words taking it back to the older form of  it in a new way. At the very outse..

Posted in articles |   6 comments |   781 Views




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