Family Law

john bui jb solicitors

Expert – Fault versus no-fault divorce system in Family Law 

John Bui | Principal Solicitor - JB Solicitors Today's post has been contributed by JB Solicitors. The firm primarily deals with matters falling under family law, criminal law, property law,…

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The Prohobition of Child Marriage (Amendment) Bill 2021 – A double-edged Sword?

Navya Dubey Aditi Insaa

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The Need for an Uniform Civil Code in the Modern India

Author - Kaushal Kasliwal Abstract The population in India is demarcated based on followers of Ideologies of Hinduism, Muslim, and many other religious ideologies. All the ideologies have their particular…

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Application of Prohibition of Child Marriage Act does is secular in nature- Punjab & Haryana HC

The Punjab and Haryana High Court observed that application of Prohibition of Child Marriage Act, 2006 is a secular legislation and even though Muslim Personal Law permits marriage upon attaining…

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1200 675 Shivangi Pandey
Proof of Adoption under the Hindu Adoptions and Maintenance Act 1956

Delhi High Court Issue notice to the Adoption agency to grant no-objection certificate to the Christian Parents to adopt a child.

Recently, a petition is filed by a Christian Couple to validate the adoption of a child. According to the facts of the case, the couple adopted a minor child who…

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1200 675 Charul Mishra
grounds of divorce under hindu marriage act

Grounds of Divorce under Section 13 of Hindu Marriage Act 1955

This article provides for several grounds of divorced embodied under Section 13 of the Hindu Marriage Act, 1955. The same has been supplemented by various Judicial precedents. SECTION 13 HINDU…

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1280 675 Amisha
Restitution of Conjugal Rights

Explained: Restitution of Conjugal Rights | Section 9 | Hindu Marriage Act

The present article explains the concept of Restitution of Conjugal Rights under the context of Section 9 of the Hindu Marriage Act (HMA). Introduction Marriage among Hindus is considered as…

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1200 675 Amisha

Element of consent always sub-servient to overall welfare of child- Punjab & Haryana HC

The Punjab & Haryana High Court in the instant case held that, if a minor girl marries with her habeas corpus. The bench made this observation by upholding the underlying…

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1200 675 Shivangi Pandey
family consent required

The heirs of the married woman are not strangers from the side of her parents for the succession under Hindu Succession Act

The facts of the case state that a property was inherited by a woman after her husband passed away without any children. After the enforcement of the Section 14 of…

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1200 675 Charul Mishra
Are the grounds of cruelty and desertion sufficient to get a decree for divorce?

Tobacco Chewing habit of wife is not sufficient to grant the decree of divorce

An appeal was filed by the appellant named Shankar against the judgement and the decree passed by the Family Court, Nagpur in which the appellant via petition filed for a…

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1200 675 Charul Mishra
Consent of the clan does not take primacy if consenting adults get married

Consent of the clan does not take primacy if consenting adults get married

The Supreme Court stated that marriage is a right or a choice bestowed upon two consenting adults and the consent of their family or community is immaterial. This right or…

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Higher qualifications don't indicate ability to maintain oneself

Higher qualifications don’t indicate ability to maintain oneself

Karnataka High Court held that, merely if a woman who possesses high educational qualifications does not indicate her ability to maintain herself. An appeal was filed by the husband on…

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The second marriage is null and void if divorce is not given between the parties and the other marriage is performed

The second marriage is null and void if divorce is not given between the parties and the other marriage is performed written by Himanshu Garg student of Maharashtra National Law…

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Power to transfer petition under exceptional circumstances

A court should take the necessary steps concerning the custody of a child with its welfare as a paramount factor

A court should take the necessary steps concerning the custody of a child with its welfare as a paramount factor written by Himanshu Garg student of Maharashtra National Law University…

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1200 675 Himanshu Garg
Orissa High Court

Not luxury but a basic residential accommodation should be provided to the divorcee

Not luxury but a basic residential accommodation should be provided to the divorcee written by Diksha Sharma student of Government Law College, Mumbai Swapna Rani Sahoo vs Niranjan Sahoo Facts:…

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1200 675 Diksha Sharma
Are the grounds of cruelty and desertion sufficient to get a decree for divorce?

Are the grounds of cruelty and desertion sufficient to get a decree for divorce?

Are the grounds of cruelty and desertion sufficient to get a decree for divorce? written by Prapti Kothari student of Institute of Law, Nirma university SK. MANIRUDDIN V. SOMA BANERJEE…

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1200 675 Prapti Kothari

If the allegation of adultery made by husband in view of the defense of the suit and not voluntary or in aggression; then it can’t be a ground for dissolution of the marriage under the Mohammedan law

If the allegation of adultery made by husband in view of the defense of the suit and not voluntary or in aggression; then it can’t be a ground for dissolution…

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DNA test to check the paternity of the child cannot be directed to perform unless the wife has an illicit relationship

DNA test to check the paternity of the child cannot be directed to perform unless the wife has an illicit relationship

DNA test to check the paternity of the child cannot be directed to perform unless the wife has an illicit relationship written by Avdhesh Parashar student of Maharashtra National Law University…

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A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it

A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it

A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it written by…

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Full blooded heir preferred to a half blood

Full blooded heir preferred to a half blood

Full blooded heir preferred to a half blood written by Prapti Kothari student of Institute of Law, Nirma university R. BALAVENKATRAMAN V. T.L. NATARAJAN MANU/TN/7669/2018 MATERIAL FACTS P.L. Ranganathan was…

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1200 675 Prapti Kothari
A Female partner can get maintenance if marriage is performed as per the social customs

A Female partner can get maintenance if marriage is performed as per the social customs

A Female partner can get maintenance if marriage is performed as per the social customs written by Himanshu Garg student of Maharashtra National Law University Aurangabad CHANMUNIYA v. VIRENDRA KUMAR…

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Power to transfer petition under exceptional circumstances

Power to transfer petition under exceptional circumstances

Power to transfer petition under exceptional circumstances written by Surya Sunilkumar student of Ramaiah institute of legal studies Abstract On 6th November 2020 the decision taken by the Hon’ble Supreme…

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Right of father to give Self Acquired property

Right of father to give Self Acquired property

Right of father to give Self Acquired property written by Nikhil Bharadwaj Student of Amity Law School Noida Govindbhai Chhotabhai Patel and others vs Patel Ramanbhai Mathurbhai Background The appellants were…

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Proof of Adoption under the Hindu Adoptions and Maintenance Act 1956

Proof of Adoption under the Hindu Adoptions and Maintenance Act 1956

Proof of Adoption under the Hindu Adoptions and Maintenance Act 1956 written by Nikhil Bharadwaj Student of Amity Law School Noida M. Vanaja vs M. Sarla Devi Background: The Appellant…

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Maintenance for Unmarried Major Daughters

Maintenance for Unmarried Major Daughters written by Surya Sunilkumar student of student of Ramaiah institute of legal studies Abhilasha Vs Parkash & Ors (2020) Abstract On 15th September 2020, the…

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