LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Family Law Articles


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 |   4101 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 |   9550 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 |   3258 Views


Custody of Children under Christian Law

  G. ARAVINTHAN   27 May 2009 at 12:01

Christian law per se does not have any provision for custody but the issues are well solved by the Indian Divorce Act which is applicable to all of the religions of the country. The Indian Divorce Act, 1869 contains provisions relating to custody of ..


Posted in Family Law |   6157 Views


Custody of Children under Hindu Law

  G. ARAVINTHAN   27 May 2009 at 12:01

All the personal law matrimonial statutes make provisions for dealing with the issue of child custody. The provisions in the matrimonial Acts can, however, be invoked only when there are some proceedings pending under the Act. Hindus have an additio ..


Posted in Family Law |   4221 Views


Factors Considered by the Courts when Granting Custody

  G. ARAVINTHAN   27 May 2009 at 12:01

# The welfare of the minor is very broadly defined and includes many diverse factors, notably:# the age, sex and religion of the minor: courts take into account the personal law of the father). Thewelfare of younger children is generally regarded as ..


Posted in Family Law |   2362 Views


An Overview of Concept of Marriage in Muslim Law

  G. ARAVINTHAN   27 May 2009 at 10:37

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 |   3369 Views


Voidable Marriages

  G. ARAVINTHAN   27 May 2009 at 10:37

A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not pre ..


Posted in Family Law |   1 comments |   2386 Views


Custody of Children under Muslim Law

  G. ARAVINTHAN   27 May 2009 at 10:37

The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This rig ..


Posted in Family Law |   19430 Views


Blood test in paternity dispute

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

In matters where paternity is disputed, the court must have regard to Section 112 of the Evidence Act. This section is based on the well known maxim pater est quem nuptioe demonstrant (he is the father whom the marriage indicates). The presumption of ..


Posted in Family Law |   2747 Views