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Family Law Articles


Right to seperate residence of the Hindu wife

  Raghav Singh   10 July 2009 at 19:40

Introduction:-According to Merriam-Webster’s dictionary of law, maintenance is the act of providing basic and necessary support or a financial means of providing necessary support.[1] In general, we can say that maintenance are those necessar ..


Posted in Family Law |   7494 Views


Tolerance is foundation of marriage but...

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 10:19

In Naveen Kohli v. Neelu Kohli[1] His Lordship Hon. Dalveer Bhandari, J said : The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in ..


Posted in Family Law |   2753 Views


Case Comment: S.R. Batra v. Taruna Batra

  RIMALI BATRA   10 June 2009 at 15:26

IN THE SUPREME COURT OF INDIA S.R.BATRA and ANOTHER versus TARUNA BATRA (Smt.)(2007) 3 SCC 169 Civil Appeal No. 5827 of 2006 with Contempt Petition (C) No. 38 of 2006Decided on: December 15, 2006(Before S.B.Sinha and Markandey Katju, JJ.) TABLE ..


Posted in Family Law |   18425 Views


Kartha - Powers and Liabilities

  G. ARAVINTHAN   07 June 2009 at 22:43

Powers Of KartaWhen we enumerate the powers of karta, the real importance of his legal position comes into clear relief. His powers are vast and limitations are few. The ambit of his powers can be considered under two heads: - (a) power of alienatio ..


Posted in Family Law |   7085 Views


Female member as KARTHA

  G. ARAVINTHAN   07 June 2009 at 22:43

Female Members As KartaThe concept of a “manager” of a Joint Hindu Family has been in existence for more than two thousand years or more. Courts in India have given diverse views: -C.P. Berai v. Laxmi Narayan AIR 1949 Nag 128It was held ..


Posted in Family Law |   4663 Views


Who Can Be A Karta?

  G. ARAVINTHAN   07 June 2009 at 22:43

Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.Jandhayala Sreeamma v. Krishnavenamma AIR 1957 A.P.434In the case of Hindu Joint Family a suit to set aside on ..


Posted in Family Law  1 comments |   4917 Views


PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005: Opinion

  Carlisle Collins   06 June 2009 at 20:18

I was recently privileged by a fellow member who solicited my input on the Protection of Women from Domestic Violence Act 2005, to help with research. Below is a brief text of my humble response. My thoughts hereunder should not be interpreted as adv ..


Posted in Family Law  1 comments |   4047 Views


A WOMAN as a KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The Karta of a Hindu joint Family in Hindu Law is the senior most member of the family entitled to manage family affairs, in his absence the next eldest male member after him is entitled to be the Karta. A Karta is the caretaker of the whole family a ..


Posted in Family Law |   4086 Views


Cruelty u/s 498-A, 306 IPC and s 13 of HMA

  Swami Sadashiva Brahmendra Sar   01 June 2009 at 11:27

The question would arise as to whether in the facts and circumstances where the complainant had left the matrimonial home and started living with her father in1993, could a case be registered against the appellant under Section 498A I.P.C. in 1997? T ..


Posted in Family Law |   9535 Views


An Overview of Concept of Marriage in Muslim Law

  G. ARAVINTHAN   28 May 2009 at 15:50

Islam, unlike other religions is a strong advocate of marriage. There is no place of celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said “There is no Celibacy in Islam”.Marriage acts as an outlet for sexual ..


Posted in Family Law |   3242 Views