Judgements
Recent Posts
Recent Posts
Understanding the MSME Act 2006: Ministry of Micro, Small, and Medium Enterprises
The MSME Act 2006, also known as the Micro, Small, and Medium Enterprises Development (MSMED) Act, was enacted by the Government of India with the aim of promoting and supporting
Family law
The now historic words were spoken by the Union Minister of Law and Justice in the Parliament while debating the Controversial “Muslim Women (Protection of Rights on Marriage) Bill” which
Everything about the new divorce law in India
The now historic words were spoken by the Union Minister of Law and Justice in the Parliament while debating the Controversial “Muslim Women (Protection of Rights on Marriage) Bill” which was passed by the Rajya Sabha on 31st July, after being cleared by the Lok Sabha on 25th July and finally made into law after the Presidential Assent on 1st August.
The issue of the Islamic practice of Triple talaq is not a recent one. In fact, it is one of the select few socio/religious issues which has actively captured the imagination of the Politics of our country for a period of at least four decades, the others being the Artcile 370, Uniform Civil Code and the construction of a Grand Ram Mandir.
Procedure of Contested Divorce in India
In 2023, India implemented substantial changes to divorce proceedings through amendments to the Hindu Marriage Act, particularly affecting the Hindu community. These modifications are noteworthy and involve expanded grounds for divorce, encompassing factors such as adultery, mental or physical cruelty, desertion, conversion, and the irretrievable breakdown of a marriage. Unlike the previous law that primarily addressed physical violence and harassment as forms of mental cruelty, the updated regulations now include a broader range of actions, such as financial neglect and impeding child access.
Triple Talaq – An Unresolving Controversy
STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, all personal details of the parties is filed before the Family Courts under the law.
#Before filing a petition for divorce before a Family Court it should be checked for the case facts i.e the reason or ground on which the divorce is asked for, correct details of both the parties such as name, address, age, date of birth etc.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
Multiple Maintenance Provisions – Paradise of the Hindu Wife
Recently, the Supreme Court through its division bench, comprising of Justice D. Y Chandrachud and Justice Indira Banerjee, dismissed a special leave petition under Article 136 of the Constitution of India in the matter of Shome Nikhil Danani v. Tanya Banon Danani and thereby held that mere passing of an order under Section 125 of the Code of Criminal Procedure, 1973 did not preclude the wife from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act 2005. The abovementioned S.L.P was filed against a Delhi High Court order which had expressed the same view as above.
Securing Beneficiary Interests Under Life Insurance Policie
One can never overemphasise the need for buying adequate life insurance cover for the financial security of one’s family members in the event of the death of the bread earner, especially when there are court cases between husband and wife. However, there is always a concern about the proceeds of the policy being claimed by the other legal heirs or the creditors of the deceased husband. These concerns can be addressed by understanding the meaning of ‘assignment’ and ‘nomination’.
Non-Resistance at the First Time During Sexual Act Amounts To Victim’s Pre-Consent
The Apex Court in Sonu v. State of U.P. quashed an FIR u/s 376 IPC (Punishment for Rape: Proposed Section 64 of The Bharariya Nyaya Sanhita, 2023) between former lovers on the ground that “there is no allegation that the promise to marry given to the second respondent (prosecutrix) was false at the inception”.
Transfer Petition – Transfer of Matrimonial Cases
Most men who file matrimonial cases in correct jurisdiction also suffer when the wife approaches High Court or Supreme Court for transfer of the said case to court in whose
498A IPC: The Legal Dimensions of Cruelty and Dowry Harassment
Section 498A is a provision in the Indian Penal Code (IPC) that deals with cruelty by a husband or his relatives towards a woman. Specifically, it relates to cruelty or
What is Divorce?
Divorce refers to the legal termination of a marriage, and in India, the laws governing divorce can vary based on the personal laws associated with the parties’ religions, similar to
Procedure to file for Mutual Consent Divorce in India
Section 13B of the Hindu Marriage Act, 1955 addresses the process of mutual consent divorce, detailing specific procedures to be followed. The steps involved in filing a mutual divorce petition
498A IPC: The Legal Dimensions of Cruelty and Dowry Harrasment
Section 498A of the Indian Penal Code (IPC) deals with the offense of cruelty by a husband or his relatives towards a woman. This section was introduced to address the
Section 375 IPC : rape
Section 375 of the Indian Penal Code, 1860 Chapter XVI of the Indian Penal Code, 1860 has been subjected to changes from the heading ‘Of rape’ to that of ‘Sexual
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 An overview of the SC and ST Act, 1989 Origin Classifications of mankind have existed since the Vedas. Varna is
Right to Information Act, 2005
Right to Information Act, 2005 Evolution of the concept of the Right to Information The Global perspective Sweden On December 2, 1766, Sweden passed the world’s first Freedom of Information Act,