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December 25, 2023

NO FAULT DIVORCE

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.

December 25, 2023

SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT

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

Khula under Muslim law

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.

January 23, 2024

Section 24 of Hindu Marriage Act, 1955

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.

January 23, 2024

CONSTITUTIONAL-VALIDITY-OF-MUSLIM-WOMEN-PROTECTION-OF-RIGHTS-ON-DIVORCE-ACT-1986

The Muslim Women (Protection of Rights on Divorce) Act 1986

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.

June 27, 2024

Format of Complaint under section 12 DV Act with sample

A complaint is filed under section 12 of the Act by any woman (irrespective of her religion or status) against any person if the woman has been in a shared household along with that person. It means apart from a husband and wife relationship, the Act empowers even the mother, sister, and woman in a live-in relationship to file a complaint against their family members or live-in partner. The Act is complementary to penal provisions (Indian Penal Code or any existing law) and maintenance provisions given to women under Indian Law.

November 28, 2024

The Role of Parental Instigation in Marital Disputes

Parental instigation refers to the influence or intervention that parents impose on their child's marriage, either directly or indirectly. This can manifest in various ways, such as offering unasked advice, criticizing the partner, or even attempting to interfere in personal decisions. While some level of parental guidance is natural, especially in cultures where family plays a central role, excessive or unwarranted interference can create tension in a marriage.

December 25, 2023