family law

HC rules, states can register non-mutual divorce from foreign court

In an exemplary and groundbreaking decision, the Kerala High Court ordered that a State can register non-mutual divorce from a Foreign Court. In furtherance of this order, the Kerala High Court directed to register a case of non-mutual divorce. The divorce was granted by a foreign Shariah Court. In the present case, both the parties..

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When husband does not pay maintenance regularly, recovery claims become more cruel than the married life was

SYNOPSIS: This article features the plight of wedded women who attempt to look for divorce from their spouses and inspects the legislative help accessible to them to advance out of this mental and financial crisis. INTRODUCTION: The word ..

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Difficulties faced by men in Family Courts

A woman in India can file various cases against men according to the Indian laws. A marriage is considered as a soulful connection between a man and the woman and is performed through different marriage laws which include the Hindu Marriage Act, Personal Marriage Act, etc. However, nowadays, this institution of marriage is easily broken. There has been an increase in ..

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Provisions for Divorce under The Hindu Marriage Act 1955

Introduction Indian population consists of people from various religions. The constitution allows every citizen to be governed under the personal laws relevant to the religion they belong to. It also applies in the matter of marriage and divorce. The Hindu Marriage Act, 1955, is the law enacte..

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Domestic Violence and Allied Laws in India

SYNOPSIS: Ms. Geeta Luthra is an Advocate practicing in Delhi High Court and Supreme Court of India. In this webinar she talks about “Protection of Women form Domestic Violence and Allied Laws”. She gives an extensive overview of the intricacies of the Protection of Women from Domesti..

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Domestic Violence During Covid 19: Crime Behind the Closed Doors!

As all the newspapers today report a substantial decline in the crimes on road, ironically there is a tremendous increase in the crimes inside homes! Domestic violence as it is popularly known is elaborately defined under the Section 3 of the Protection of Women From Domestic violence Act of 2005. Ironically even after 15 years of passing of the said act it has..

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Understanding the Concept of Child Custody

INTRODUCTION While dealing with the question of child custody laws in India sometimes it comes on my path to choose between what way or law we choose to pursue the case, sometimes we go with the regular law that is Guardian and Ward Act or sometimes we go with the Article 226 of the Constitution of India<..

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Prenuptial Agreements: Enforceability and Case Laws

Prenuptial Agreements: What is their status in India? A prenuptial agreement is an official document which is signed by two individuals before getting married. The primary purpose of a prenuptial agreement is to settle financial matters in advance. The agreements are used to separate the personal debts and assets of one indiv..

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Uncontested Divorce!

The issues you may encounter while going through a divorce can often confuse and get you wondering about it. What is an uncontested divorce? You may have met your spouse when you were still in high school and married them the following year when you went to college. The two of you have different personalities, styles, and belie..

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Do you know the Bail-Bond Basic?

Is it the first time that your loved one is in jail? If yes, chances are you are new to the bail bond process. And you need to demystify the entire bail bond process. It would be best if you went about it in an organized manner and ways to avoid the pitfalls. Today, there are several bail bond companies and agents willing to help you. Before you approach for help, you..

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Hindu Daughter's Equality Right to Succession

Daughters&#39; Property Rights Under the Hindu Succession Act &#39;The fundamental changes brought forward about in the Hindu Succession Act, 1956 by amending it in 2005, are perhaps a realization of the immortal words of Roscoe Pound as appearing in his celebrated treaties, &#39;The Ideal Element ..

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Law of Interim injunction in family / Custody cases

Scores of Appeals against Visitation Orders passed by the Guardian Courts are pending adjudication in almost each Appellate Court and hundreds of such Appeals are pending adjudication throughout the province of Punjab in Guardian Appellate Courts even for the last more than 2-3 years. The core reason in majority of such Appeals is only one, and that is the Learned A..

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Maternity Benefits to the Women Employees

Government is working on an incentive Scheme of reimbursement of 07 weeks wages for entities that provide 26 weeks maternity benefits to their woman employees as provided for in the Maternity Benefit (Amendment) Act, 2017. To enable an entity to avail of the incentive, the women employees working in their entity should be a wage earner of less than Rs.15,000/- per m..

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Implementation of Child Rights

India, as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), has committed itself to ensure that all children enjoy their right to survival, development, protection and participation. In pursuance of this, the Ministry of Women and Child Development has adopted the National Policy for Children (NPC), 2013 on 26th April, 2013 which affir..

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Implementation of Law preventing Domestic Violence

State Governments and UT Administrations are responsible for implementation of The Protection of Women from Domestic Violence Act (PWDVA), 2005. The Central Government issues advisories and provides financial assistance and other support of spreading awareness about this law.&nbsp; As per the National Crime Records Bureau (NCRB..

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