The integrity of India is a supreme, value. The languages of India are dearest to the people who speak them. It is notorious that the North Eastern States Union Territories of Arunachal Pradesh, Manipur, Meghalaya, Mizoram and Nagaland have handicaps in the matter of language.
Corroboration of testimony of victim in rape case is not warranted if circumstances not demanding it ?
“A rape! a rape………………..Yes, you have ravish’d justice; Forced her to do your pleasure.”
“the first hearing of the suit” can never be earlier than the date fixed for the preliminary examination of the parties (0. X, R. 1) and the settlement of issues (0. XIV, […]
Subjects and Courses of Study for LL.B. LL.B. I Term: (New Course) Compulsory Subjects LB 101: Jurisprudence-I (Legal method, Indian Legal System, and Basic Theory of Law). LB 102: Principles of Contract […]
Indian constitution is not the result of freedom struggle nor it has any respect for the freedom struggle.
Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of injunction are common to that of granting anti-suit injunction. The cases of injunction are basically governed by the doctrine of equity.
Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?
The custody of the minor girl child M would remain with the appellant until she attains the age of majority or the Court of competent jurisdiction, trying the issue of custody of the minor child, orders to the contrary, with visitation and access rights to the biological father whenever he would visit India
Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.
It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.
The modern theory of conflict of Laws recognises and, in any event, prefers the jurisdiction of the State which has the most intimate contact with the issues arising in the case. The spouses in this case had made England their home where this boy was born to them. The father cannot deprive the English Court of its jurisdiction to decide upon his custody by removing him to India.
Whether it is obligatory for Family Court in the first instance to a settlement between the parties of Divorce Suit?
Section 23 of the Hindu Marriage Act mandates the Court before granting decree for divorce, whether defended or not to satisfy itself (1) if the grounds for claiming relief exist and the petitioner is not taking advantage of his or her own wrong or disability for the purpose of such relief, and (2) the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty. A duty is also caste on the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties
A Muslim father to maintain his minor children governed by Cr.P.C- Muslim Women (Protection Or Rights On divorce) Act, has no application.
provisions of the Code remain fully applicable to the Muslims, notwithstanding the controversy resulting from the Shah Bano case and the enactment of the Muslim Women (Protection of Rights on divorce) Act, 1986.
the right to sue would also survive even if the other spouse dies pending such appeal or application under Order IX, Rule 13, C.P.C. In either case proceedings can be continued against the legal heirs of the deceased spouse who may be interested in supporting the decree of divorce passed against the aggrieved spouse.
decree passed by such Ecclesiastical Tribunal cannot be binding on the courts which have been recognised under the provisions of the divorce Act to exercise power in respect of granting divorce and adjudicating in respect of matrimonial matters.
The question arises what kind of cruel treatment does clause 13(ia) contemplate? In particular, what is the kind of mental cruelty that is required to be established’? While answering these questions, it must be kept in mind that the cruelty mentioned in clause (ia) is a ground now for divorce as well as for judicial separation u/S. 10. Another circumstance to be kept in mind is that even where the marriage has irretrievably broken down, the Act, even after the 1976 (Amendment) Act, does not permit dissolution of marriage on that ground.
What will happen if one consenting party withdraw consent before passing a decree in mutual Consent Divorce Suit?
the Court cannot pass a decree of divorce by mutual consent if the Court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality and consent for divorce. Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for the Court to pass a decree of divorce. “The consent must continue to decree nisi and case is heard.
Supreme Court Demanded Uniform Civil Code for India
Muslim Personal Law Board posed to defeat the right to maintenance of Muslim women in Shah Bano Begum case
Dr. Tahir Mahmood in his book ‘Muslim Personal Law’ (1977 Edition, pages 200-202), has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says .:
“In pursuance of the goal of secularism, the State must stop administering religion-based personal laws”. He wants the lead to come from the majority community but, we should have thought that, lead or no lead, the State must act. It would be useful to quote the appeal made by the author to the Muslim community:
“Instead of wasting their energies in exerting theological and political pressure in order to secure an “immunity” for their traditional personal law from the State’s legislative jurisdiction, the Muslims will do well to begin exploring and demonstrating how the true Islamic laws,, purged of their time-worn and anachronistic interpretations, can enrich the common civil code of India.”
Whether a divorced Muslim woman, is a ‘wife’ and competent to ask maintenance under Section 125 of Cr.P.C?
The right conferred by Section 125 can be exercised irrespective. of the personal law of the parties, is fortified, especially in regard to Muslims, by the provision contained in the Explanation to […]
Section 9 only is a codification of pre-existing law. Rule 32 of O. 21 of the Code of Civil Procedure deals with decree for specific performance for restitution of conjugal rights or for an injunction.