family law

Getting married in front of an idol in a temple, take saath pheras (Saptapadi-round around the sacred fire) in a temple in front of an idol in a temple, constitutes for legal matrimony? A physical relationship coupled with wearing “sindoor” (vermillion) and “mang..

>>> On JANUARY 18, 2017, The Apex Court has held that: Merely because the wife is ‘capable of earning’, it is not a reason to reduce the maintenance awarded to her. The bench of judges said that: “Whether the wife is capable of earning or whether s..

ABSTRACT State of Bombay v. Narsu Appa Mali[1] was a landmark judgment on the constitutional conflict between personal law and fundamental rights. This paper does not limit itself to the case, judgment and analysis of the judgment. The paper basically highlights the issues of this case in a broader perspective and ..

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..

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..

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..

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..

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..

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..

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..

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..

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..

  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  ..

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..

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..