Family Law

Surrogate Parents are entitled to Maternity and Paternity Leave

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 4th June 2020 Dr.  Pooja Jignesh Doshi v. The State of Maharashtra and Another  Facts The petitioner sought to have a…

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Condition to make bequest valid

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 1st June 2020 SOPHER V ADMINISTRATOR GENERAL OF BENGAL- (1943-44) 7I IA 93 Facts: The testator of the property gave…

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Waiver of Second Motion: Mandatory or Discretionary

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 29th May 2020 AMARDEEP SINGH V HARVEEN KAUR CIVIL APPEAL NO. 11158 OF 2017 Facts:  The parties, Amar deep and…

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DIVORCE UNDER HINDU LAW

Ashutosh Rajput | Hidayatullah National Law University | 27th May 2020 The term divorce is derived from the Latin word ‘divortium’ which means ‘to separate’. In context of Hindu Law,…

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Interim Maintenance under Section 18 of Hindu Adoption and Maintenance, 1956 should be granted

Ashutosh Rajput | Hidayatullah National Law University | 20th May 2020 Smt. Gouri Gupta Chaudhury v. Tarani Gupta Chaudhury Facts:   Husband and wife were married to each other and were…

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Second wife is not entitled to maintenance as per Section 125 of Criminal Procedure Code

Ashutosh Rajput | Hidayatullah National Law University | 19th May 2020 Savitaben Somabhai Bhatiya vs State of Gujrat & Ors. Facts:  The appellant was married to the respondent no. 2…

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Adoption ceremony is the strict proof of adoption

Ashutosh Rajput | Hidayatullah National Law University | 14th May 2020 M. Vajana v. M. Sarla Devi Facts:  The appellant’s natural parents died when she was young. Her mother was…

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Explanation of the Theory of Mutual Consent

Ashutosh Rajput | Hidayatullah National Law University | 9th May 2020 This article will exhaustively talk about the divorce by mutual consent. It will deal with how the perspective of…

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Maintenance cannot be denied to a wife living separately if she has sufficient grounds

Asmita Kuvalekar | Government Law College, Mumbai | 30th April 2020.  SAYGO BAI V CHUEERU BAJRANGI (CRIMINAL APPEAL NO 2169 OF 2010 ARISING OUT OF SLP (CRL) NO 2060 OF 2010)…

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When male child contracts marriage with a female adult, the remedy is annulment, not punishment

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  HARDEV SINGH V HARPREET KAUR AND OS (CRIMINAL APPEAL NO 1331 OF 2013)  FACTS OF THE CASE:  Challenging Punjab and…

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How To File For Mutual Divorce

Rohit Pradhan Mutual Consent Divorce is considered as one of the uncomplicated form of obtaining a Divorce in India. When both Husband and Wife dispose of their will to dissolve…

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Habeas Corpus petition can be filed to obtain a Child’s custody

Daniyal Qureshi | Symbiosis Law School Pune | 12th April 2020 Tejaswini Gaud and Ors v. Shekhar Jagdish Prasad Tewari and Ors. Facts  Father, Respondent No.1 of the child Shikha,…

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Live-in relationships are covered under the purview of Domestic Violence Act 2005

Daniyal Qureshi | Symbiosis Law School Pune | 27th March 2020 Shikarini v. Hitendra Chudasmi Decided on 27/2/2020 The High Court of Madhya Pradesh (Jabalpur Bench) Facts The appellant aggrieved…

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Any transfer or transaction in respect of an evacuee property is not valid unless it is made with the previous approval of the Custodian

Lisa Coutinho | Pravin Gandhi College of Law | 19th March 2020 Sitabai Shantaram Talawnekar & Ors. v. Custodian of Evacuee Property & Ors. Civil Appeal Nos. 8802-8803 of 2013…

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Welfare of a child supersedes legal rights in custody matters.

Asmita Kuvalekar | Government Law College, Mumbai | 17th March 2020.  TEJASWINI GAUD AND OS V. SHEKHAR JAGDISH PRASAD TEWARI AND OS CRIMINAL APPEAL NO 838 OF 2019 ARISING OUT OF…

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In suspicious circumstances relating to Will, validity remains with the proponent to remove them

Yugashree | School of Law Sastra University,Thanjavur | 15 March 2020 Johnson and others Vs Annie and other (I.A-2/2019) (OS 663/2008)  Facts of the Case: Kochouseph, the predecessor of the…

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Conjugal Rights of Defence Personnel

KRISHA KAMAL | PRESIDENCY UNIVERSITY,BANGALORE | 15th March 2020 Introduction Conjugal rights are basically the rights of married people to have a sexual relationship with their respective spouses.  Conjugal Rights…

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A false criminal case filed by one of the parties cannot be the sole ground for divorce

Daniyal Qureshi | Symbiosis Law School Pune | 12th March 2020 Managayakarasi vs M. Yuvaraj Supreme Court of India Decided on 3/3/2020 Facts : The present case is an appeal…

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Marriage resulting from religious conversion to Islam for taking a second wife is void when his first marriage is still in existence under the Hindu Marriage Act.

Vaishnavi Nirmal  | Manikchand Pahade Law College, Aurangabad | 24th February 2020 Lily Thomas vs. Union of India & Others., AIR 2000 SC 1650 Fact of case: Lily Thomas is the…

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Whether an appeal filed against a decree of divorce after the period of limitation be used as a ground to declare the second marriage of either of the spouses as null and void

Falgu Mukati | Pravin Gandhi College of Law | 24th February 2020 Krishnaveni Rai vs Pankaj Rai and Anr, Criminal Appeal NO. 321 OF 2020 Matter In this case the…

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Can a case of violence under Domestic Violence Act, 2005, be filed against female relatives of an adult male person?

Falgu Mukati | Pravin Gandhi College of Law | 23rd February 2020  Hiral P. Harsora and Ors vs Kusum Narottamdas Harsora and Ors, Civil Appeal NO.  10084 of 2016 Matter…

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Children born to adoptee before his adoption has full right to inherit property of the adoptee in the Adoptive Family

Harshit Sharma | Amity Law School, Madhya Pradesh | 10th February 2020 KALINDI DAMODAR GARDE (D) BY LRS. V/s. MANOHAR LAXMAN KULKARNI & ORS. ETC. CIVIL APPEAL NOS. 6642-6643 OF…

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Petition under the Domestic Violence Act can be filed in a Court where the “Person Aggrieved” Permanently or Temporarily resides.

Ronita Biswas | National Law University, Orissa | 5th February 2020 Shyamlal Devda & Ors. v. Parimala (Criminal Appeal No, 141 of 2020) Facts The marriage of the Respondent-wife and…

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Impugned practice is a tool by which marital tie can be broken on whims of Husband without any attempt of reconciliation to save it

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 5th February 2020 Shayara Bano and others v. Union of India and Others. (Writ Petition (C) No. 118 of 2016)…

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10 Important Judgments on Right to Maintenance of Wife u/s. 125 of Code of Criminal Procedure 1973

Harshit Sharma | Amity Law School, Madhya Pradesh | 4th February 2020 Kamala & Ors v. M.R. Mohan Kumar (Criminal Appeal No. 2368-2369/2019)- Strict Proof of Marriage is not a pre-requisite…

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