Judgments
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Vineeta Sharma Vs. Rakesh Sharma & Ors.
Supreme Court of India Year : 2020
Sanjivani Ramchandra Kondalkar vs Ramchandra Bhimrao Kondalkar…
Bombay High Court Year : 2019
Priya Prabhakaran & Anr. Vs D Santhosh Kumar & Ors.
Supreme Court of India Year : 2019
Munish Kakkar Vs. Nidhi Kakkar
Supreme Court of India Year : 2019
M. Narasimha Reddy and Ors. vs M. Boosamma
Andhra High Court Year : 1975
Manisha Tyagi vs. Capt. Deepak Kumar
Supreme Court of India Year : 2010
Baby Manji Yamada vs. Union of India & ANR
Supreme Court of India Year : 2008
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Validity of Section 9 of the Hindu Marriage Act, 1955
Marriage in Hindu culture is not merely a legal contract but a sacred bond that transcends lifetimes. The Hindu Marriage Act of 1955 was enacted to address inequalities among spouses and safeguard the
How a Uniform Civil Code can impact your Rights – a Case Study on Uttarakhand
The Uttarakhand State Assembly, on 6th February 2024, introduced the Uniform Civil Code Bill, bringing in several changes in the existing civil institutions, such as marriage, divorce, inheritance, an
Navigating the Transfer of Property to an Unborn Person
Section 13 of the Transfer of Property Act, 1882 deals with the transfer of property to a person who is not in existence. It reads as “Where, on a transfer of property, an interest therein is create
Demystifying Maintenance Rights in the Bharatiya Nagarik Suraksha Sanhita, 2023
Maintenance refers to financial support for a person to sustain and avail basic amenities of life like food, clothing, shelter, etc. There is no fixed amount for maintenance. The court determines it a
The Precedence of Biological Parents’ Privacy Over a Child’s Right to Trace Origins
In a recent ruling, the Calcutta High Court, in the case of Fabian Ricklin, alias Ranabir Vs. State of West Bengal & Ors., underscored the primacy of a biological parent’s right to privacy o
Liquidation Of A Company Under The Company Act, 2013
Introduction: Liquidation of a company under the Companies Act in India involves a legal process that leads to the dissolution of a company’s affairs, the realization of its assets, and the distribu
The Unseen Struggles: Rights Of Same-Sex Couples In India
The recognition of rights for same-sex couples has long been awaited. The fight for their rights started way back in 2001, when the Naz Foundation filed a Public Interest Litigation (PIL) in the Delhi
Irretrievable Breakdown of Marriage: Supreme Court’s Historic Judgment and Article 142
Synopsis: It is a well-known fact that the Indian courts are always flooded with appeals and petitions, and the situation is the same or even worse in family courts. The process is so tedious and slug
In What Cases DNA Test Can Be Ordered?: Supreme Court Lays Down Guidelines
Supreme Court on Monday held that the DNA test to ascertain paternity should only be ordered in exceptional cases when it becomes indispensable to resolve the matrimonial dispute. The apex court compr
Legal Requirements To Own A Property Through Adverse Possession In India
The existence of some legal concepts will leave you surprised and the doctrine of adverse possession is one of them. Did you know that you can claim ownership of a property after a certain time frame
Divorce In 3 Installments: What Is Talaq-E-Hasan?
Talaq-e-Hasan is a type of extra-judicial divorce mentioned under Islam that only men can practice. In this, a man can divorce his wife by saying the word ‘Talaq’ in three installments ove
Can You Get A Divorce If Your Husband/Wife Abandons You?
Not before 1976, but now you can. When your partner abandons or leaves you without any valid justification, you can get a divorce on the ground of desertion. Desertion means abandoning the other spous
How To Get Child Custody In Dehradun? – Child Custody Rights
There have been several situations in India when a family of non-Indian nationality petitioned the court for custody of a kid. In India, custody of a child is decided by the court following a separati
How To Get Divorce In Dehradun?
Almost every nation and religion’s legal system has enacted significant regulations controlling the sphere of marriage. Meanwhile, every legislation governing marriage includes certain norms and
Women’s Rights Under The Domestic Violence Act, 2005
One in three women faces domestic violence in India. We have evolved a lot but still there are some areas where our country still needs a lot of work to be done. We are talking about domestic violence
Anti-Suit Injunction Against Foreign Divorce Proceedings
Divorce is already an exhaustive process. But a parallel adjudication of parties’ matrimonial disputes in Courts simultaneously in India and abroad makes it more complex, not just for the husban
Maintenance Laws for Women in India
Maintenance as a notion has its origins in a civilized society’s social justice system. Maintenance is the legal duty that a responsible person has to pay for the care and upkeep of his dependen
How To File A Divorce Case In Dehradun?
There are various rules in the Hindu Marriage Act, 1955, addressing a legitimate divorce, i.e. when the spouse can request divorce. For the sake of society, marriage or married relationships must be e
Maintenance Rights Of A Wife In An Annulled Marriage
Most probably every person knows about maintenance rights of a wife in a valid marriage but how many of you know about the maintenance rights of a wife in an annulled marriage. Can a wife of void marr
Marital Rape Laws in India: Should Marital Rape Be Criminalized in India?
In our traditional society, marriage is more than just a union of two people; it is also the merger of two families. There is an expectation that spouses in such a marriage would adhere to the valued
Annulment Of Marriage — A Marriage That Never Existed
How can I nullify my marriage? In India, marriage is a religious sacrament and is considered a sacred eternal bond between a husband and a wife. Initially, it was undissolvable. The concept of ending
Decriminalization of Adultery and its Aftermath
Adultery, according to a layman, refers to an act in which a married person indulges himself/herself in a sexual relationship with another person who is not recognized as their spouse by the law. Unde
Marriages Under Hindu Marriage Act
Marriage is a sacred bond between two people, whereby they agree to spend the rest of their lives together. Marriage in India is considered as a sacred institution. For a valid marriage in India, two
Disownment is the formal act or condition of forcibly renouncing or no longer accepting one’s akin child as a member of one’s family or kin. It differs from giving a child up for adoption
Conversion of Religion and its Effects
Overview Under Hindu law, the effect of conversion of religion to another can be described as follows: (A) Law applicable on Conversion. 1. Conversion to other religion effect on the right to inherita
The term ‘Hindu undivided family’ is defined under the Hindu law. The term refers to a family of all persons lineally descended from common ancestors, including wives and unmarried daughters, if a
Introduction Dowry death has been one of the most alarming issues in Indian society. We come across huge cases of dowry deaths being filed every day. Dowry death implies the death of a woman due to be
How can NRI Property be secured in India?
– compiled by the firm’s best advocates for NRI property Disputes in Chandigarh Despite the promises made by the Indian Prime Minister, almost every Non-Resident Indian (NRI) has a fear! W
Daughters are now ‘Coparceners’
Introduction ‘All the coparceners have unity of possession and community of interest in the joint family property.’ Under Hindu Law, male members up to four generations in a Mitakshara F
Sample of Mutual Consent Divorce Petition
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for a pea
Overview There was a time when divorce was possible on the fault, wrongdoing or actions of one person only and he/she was punished for his /her fault. If both the parties were at fault, they could not
Sample Format of a Relinquishment Deed
When an individual dies intestate, i.e. without leaving a will or testamentary will), the property of that individual is inherited by his/her legal heir. Then it’s up to the heirs as what they want
What is a Relinquishment Deed?
Overview: In many cases, a person dies intestate, (without making a will or testamentary will) in such cases his/her legal heirs inherit the property. It is then up to the heirs as what to do with the
The Special Marriage Act, 1954: Salient Features
India follows a rigid structure of the caste system, and inter-religion marriage is still considered a taboo in the country. The Parliament introduced the Special Marriage Act, 1954 which allows for
Women’s Rights in Matrimonial Home
Women are an integral part of a society. They have as many rights as men have. Constitution of India guarantees them equal fundamental rights. However, in practice, the plight of women in India is not
The dictionary meaning of the word adoption is ‘the action or fact of adopting or being adopted. Adoption is the act of taking something on as your own. Adoption usually refers to the legal process
Your choice of a lawyer directly reflects in the result of your case. How can a layman know if the lawyer is bad? Yes, there’s a catch. A novice can’t judge an expert you’ll say. Wel
How are ‘Anand’ Marriages registered in India?
Introduction The demand of Sikhs for a separate law regarding the registration of the Sikh marriage is not unheard of. It has been going on for over a century with the members of the Sikh community ma
Hindu Marriage Act, 1955: Salient Features
The Oxford Dictionary defines “marriage” as “the legally or formally recognized union of a man and a woman (or, in some jurisdictions of the same sex) as partners in a relationship&#
“The state must intervene to prevent the exploitation of poor Indian women who are enticed or coerced into surrogacy, as well as to protect the rights of surrogate children. However, it should a
Restitution of Conjugal Rights
Overview In general, conjugal rights are the rights that are provided to married couples in relation to their sexual relations during the subsistence of the marriage. Restitution of Conjugal rights is
WILL A will is a legal document which declares the intention of the owner of the property with respect to his property, which he desires to be carried into effect after his death. It means a document
NRI Divorce – The How and Where Marriage is an institution which unites two people. No one wants to break it, even those who want to break it are afraid of the fear of social stigma. In recent y
When a muslim person under religious faith and for benefit of society donates his property in name of Allah it is called Waqf. Literal meaning of waqf is detention. Thus it means that ownership of the
Inheritance in Muslim Law or Succession constitutes four sources of Islamic law – The Holy Koran The Sunna: that is, the practice of the Prophet. The Ijma: that is, the consensus of the learned men
Rights of Hindu Women in Undivided Property
The Constitution of India provides for equality before the law and equal protection of laws irrespective of gender, caste, creed, and race. Succession Pre-1937 When it comes to the equal social status
MARRIAGE: from the perspective of best divorce advocates in Chandigarh
B&B Associates LLP is well regarded among the best advocates for divorce cases in Chandigarh. The firm has put a great deal of dedication in matrimonial and divorce litigation. With a plethora of
Register a Marriage under Hindu Marriage Act, 1955
In the eyes of law marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts, (a) the
Implications Of Domestic Violence
Implications of Domestic Violence Act 2005 The Protection of Women from Domestic Violence Act, 2005, grants Indian women more rights and protections than have ever been granted to them in the past. Th
Grounds for Divorce under the Hindu Marriage Act
Divorce is the legal dissolution of marriage by a court or other competent body. It is the ending of the marital relationship. India is a land of different religious communities having their personal
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