January 23, 2024
In India, marriage in Muslims is a common agreement. Disintegration of marriage is possible at the occurrence of the man (talaq), wife (khula) or commonly (mubarat). The husband has the capacity to articulate talaq to his better half or a third individual by understanding, called talaq-e-tafweez. The Muslim man does not need referring an explanation behind separation. Unmistakably there is polygamy allowed in Muslim laws. That one man can have numerous spouses regardless of their age religion or number but females are allowed for one husband only additionally under Islam she isn’t permitted to wed a non-Muslim yet no such conditions for a Muslim man. He is absolutely free. Women can seek divorce in a court of law.
January 23, 2024
The maintenance pendente lite provides for the personal support of the claimant spouse & the required expenses of the proceedings. The objective of maintenance pendente lite & expenses under section 24 of HMA is primarily to provide financial assistance to the claimant spouse in order for them to carryon with the proceedings & maintain themselves. The pendente lite maintenance is provided to either of the spouses under HMA, 1955 i.e., either of the spouse can claim maintenance. The provision of interim maintenance under Section 24 applies to the cases of Restitution of conjugal right (Section 9), Judicial Separation (Section 10), Void marriages (Section 11), Voidable marriages (Section 12) and Divorce (Section 13). The primary condition for grant of interim maintenance is that one party to the proceeding does not have sufficient independent income for their support & the required expenses of the proceedings.
December 25, 2023
The media is praising a recent ruling by two Kerala High Court justices that recognised a Muslim woman's entitlement to Khula, and it is seen as a progressive ruling that advances the cause of gender equity in Islamic law. The Kerala High Court's single bench decision in K.C. Moyin v. Nafeesa (1972) exposed the debate. It was decided that Muslim marriages cannot be dissolved at the request of women in any situation, and that Muslim women do not have the right to an extrajudicial divorce. Consequently, the ruling eliminated the divorce options accessible to women in accordance with Islamic law. But occasionally, a partnership could not be happy and could even cause problems for them both. The Quran gives the choice of divorce in such cases. Muslims in India are subject to Sharia law, which is based on the Quran and Hadith, rather than any formal legislation on divorce.
December 25, 2023
Section 6 of negotiable Instruments act defines “cheque” as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. Section 138 of the Negotiable Instruments Act, 1881, is a crucial provision that deals with the offence of dishonour of a cheque for insufficiency of funds or if it exceeds the amount arranged to be paid by the drawer's account. This section has been a subject of extensive debate and analysis, given its significance in the realm of commercial transactions and financial dealings. In this critical analysis, we will delve into the various aspects of Section 138, examining its historical background, legal implications, judicial interpretations, and its impact on the business and legal landscape.
December 25, 2023
Marriage is a contract as well as a sacrament; therefore, it encompasses both a sacred aspect and a lawful contract. The contract aspect arises from the mutual consent and agreement to cohabit, while the sacred dimension derives from its religious significance. A successful marriage thrives on qualities like tolerance, adjustment, and mutual respect. If either party is unwilling to live harmoniously with their partner, the relationship is unlikely to be a happy one. Prolonging such a relationship would only breed animosity and frustration between spouses. Hence, to preserve the sanctity of marriage, minimise unhappy unions, and prevent wasting precious years of their lives, it sometimes becomes necessary to dissolve such marriages by way of divorce.
March 2, 2022
A total of 4,37,396 road accident cases were reported in India during 2019. According to a report, 1,54,000 people died in road accidents in 2019 alone. Further, there is no estimation of unreported cases. While road accidents are a major killer in our country, they affect the survivors in several ways, one of which is the process of making claims for compensation before the Court. In this article, the author will be discussing the present mode of settlement of motor accident claims in India and how technological intervention via online mediation can make it efficient, accessible, and transparent.
February 7, 2022
Dharma was used to create traditional Hindu Law, which consisted of a collection of principles and norms. Dharma encompasses all aspects of one’s existence, including social, […]
November 4, 2021
November 1, 2021
If you run a restaurant or a food blog, you might have questions about recipe ownership, protecting the novelty of your dishes and culinary copyrights. Questions […]
October 25, 2021
A contract is an agreement between two or more parties that creates obligations that are legally enforceable or recognized by law. Unforeseen or supervening events, i.e., occurrences […]