This article essentially deals with the rights of women as coparceners. Before 2005, the system of coparceners consisted exclusively of male members. The scenario changed largely after the implementation of the Hindu Succession (Amendment) Act, 2005. It further deals with the landmark cases and the current scenarios of the coparcenary rights concerning women. Introduction Much… Continue reading Coparcenary Rights of Women under Hindu Succession (Amendment) Act, 2005
Category: Family Law
Mitakshara, Dayabhaga Schools Of Hindu Family Law : Differences, History, Landmark Judgements
Introduction The Hindu Law of School is the most ancient in the world. The main purpose of its establishment was to attain salvation and fulfill everyone’s needs. It was initiated for the welfare of people. The Hindu Law of School is considered to be 6000 years old. Gradually it was replaced by modern Hindu law… Continue reading Mitakshara, Dayabhaga Schools Of Hindu Family Law : Differences, History, Landmark Judgements
Right to Marry in Indian law : Article 21, SMA 1954, Laws in various religions
The right to marry is not just a topic of Family Law but it has its roots in Constitutional Law as well. This article deals with the different religious laws of marriage, also the landmark cases related to it, and the international perspective. In the end, the article will deal with the current scenario and… Continue reading Right to Marry in Indian law : Article 21, SMA 1954, Laws in various religions
Succession Under Hindu Law : HSA 1956, Ownership for Males & Females, Landmark Judgements
Introduction In Hindu society, Hindus are presumed to live together as one joint family. Members of the Hindu joint family shares everything from food to estate. Hence, it is important to understand the concept of inheritance under Hindu law. The Hindu Succession Act, 1956 deals with the laws of succession for Hindus. It applies to… Continue reading Succession Under Hindu Law : HSA 1956, Ownership for Males & Females, Landmark Judgements
Same-Sex Marriage in India : Legal History, Religious beliefs, Landmark Cases & the road ahead
Introduction Marriage is considered a social and sacred institution in India. Generally, it is regarded as a male-female relationship. As society is gradually becoming more permissive, homosexual marriages are more accepted all over the world. In India, the right to marriage is considered a constitutional right and has gained importance all over the world. The… Continue reading Same-Sex Marriage in India : Legal History, Religious beliefs, Landmark Cases & the road ahead
Inheritance in Hindus : HSA 1956, Types of Heirs, Landmark Judgements
This article talks about the laws of succession in cases of both males and females. Introduction With the evolution of time, the concept of family has changed over the years, and giving some kind of guarantee to family members has become essential. The Joint Hindu Family is an undivided Hindu family, not just in the… Continue reading Inheritance in Hindus : HSA 1956, Types of Heirs, Landmark Judgements
Law of Succession in Islamic Law : History, Difference between Shia & Sunni Succession
This article examines Succession under Muslim Law. It concentrates on the history of Muslim Succession and important sections of the Indian Succession Act that deal with it. It further discusses instances and the son’s responsibility to repay his father’s debt. Introduction In Indian Civilization, each religion is controlled by its own set of personal laws,… Continue reading Law of Succession in Islamic Law : History, Difference between Shia & Sunni Succession
Adultery under HMA : Ground for Divorce & Comparison of Adultery Laws in India and Abroad
Introduction Under matrimonial offenses, adultery is regarded as the most common ground. Under Shastri law, adultery was condemned even though divorce was not recognized. Adultery is an act where a married person is having sexual intercourse with a person of opposite gender other than the wife or husband of the person. Sexual intercourse must be… Continue reading Adultery under HMA : Ground for Divorce & Comparison of Adultery Laws in India and Abroad
Honour Killing in India : History, Legal Stand & Landmark cases
This article analyses the hidden dark side of Indian society. It emphasizes several cases of honour killing and the factors associated with them. Furthermore, it talks about the relevant legislation and the various measures taken by the government for the protection of the individual. Introduction Indian society is multi-religious and culturally diverse. Bhagavad Gita, The… Continue reading Honour Killing in India : History, Legal Stand & Landmark cases
Guardianship in India under Hindu, Islamic, Christian and Parsi laws
Introduction The concept of guardianship in India is a very old concept. The objective of guardianship may vary according to the different personal laws but its existence was always mentioned in Shastras as well as Quran. Under Hindu law, the concept of guardianship is covered under the legal framework of the Hindu Marriage Act, 1955,… Continue reading Guardianship in India under Hindu, Islamic, Christian and Parsi laws