This article attempts to analyze the legal sanctity of marital rape, its prevalence in India, and its shortcomings in the legal system of the country. Introduction Rape. One horrifying word that leaves people astounded and pity the victims of rape. It exposes the failure of the society to integrate and function effectually and maintain social… Continue reading Marital Rape laws in India : Section 375 IPC, Ground for Divorce, Landmark Cases
Tag: divorce
Marriage, Divorce & Inheritance Rights of women under Muslim Law and Landmark Judgements
Different personal laws govern different religions, the issue of women’s rights in Muslim personal law is very controversial as women have been fighting for gender equality rights relating to their property rights, maintenance, divorce, and marriage. In this article, we are going to discuss the exposition of the Rights of Muslim women. Introduction According to… Continue reading Marriage, Divorce & Inheritance Rights of women under Muslim Law and Landmark Judgements
Smt. Chand Dhawan v. Jawaharlal Dhawan : Case Facts, Issues, Judgement & Analysis
Citation: 1993 SCR (3) 954 Case Type: Civil Appeal Case No: 2653-54 of 1991 Appellants: Smt. Chand Dhawan Respondents: Jawaharlal Dhawan Decided On: 11-06-1993 Facts The case involved a Punjabi couple who had been married since 1972. Three children were born out of wedlock and were living with their father at the time. Two of… Continue reading Smt. Chand Dhawan v. Jawaharlal Dhawan : Case Facts, Issues, Judgement & Analysis
A. Yousuf Rawther v Sowramma : Case Facts, Issues, Judgement & Analysis
Case: A. Yousuf Rawther vs Sowramma Citation: AIR 1971 Ker 26 Name of the parties: Plaintiff- A. Yousuf Rawther, Defendant- Sowramma Decided on: 24th June 1970 Facts Sowramma, a Hanafi girl, aged 15 was married to Yusuf Rowthar who was twice her age in 1962. Sowramma had attained puberty before her marriage and soon after… Continue reading A. Yousuf Rawther v Sowramma : Case Facts, Issues, Judgement & Analysis
Talaq under Islamic Law : History, Current Legal Stand, Landmark Judgements
Summary The topic of divorce under Islamic law is the center of this essay. It discusses the different types of divorce available under Islamic law and how to terminate a marriage. The Supreme Court, a landmark decision in Shah Bano v. Union of India, is also examined. Introduction A pleasant family life necessitates a strong… Continue reading Talaq under Islamic Law : History, Current Legal Stand, Landmark Judgements
Dissolution Of Hindu Marriages; Divorce under HMA, Grounds for Divorce & Landmark Cases
Introduction The Hindu Marriage Act defines “Divorce as a dissolution of Marriage”. Section 13 in The Hindu Marriage Act, 1955 says that a marriage can be dissolved by a decree of divorce. Before The Hindu Marriage Act, 1955, the concept of dissolution of marriage was a little hazy as marriage is considered as an indissoluble… Continue reading Dissolution Of Hindu Marriages; Divorce under HMA, Grounds for Divorce & Landmark Cases
Personal Laws in Mizoram : Mizo Marriage, Divorce, Inheritance Act 2014
This article talks about the peculiar culture of Mizoram and its unique matrilineal system. Mizoram has formalized its customary laws. The article deals with their marriage, divorce, and property law in detail and how it affects the changing socio-economic and political fabrics as tribal communities become more heterogonous and complex. Introduction Mizos were formerly known… Continue reading Personal Laws in Mizoram : Mizo Marriage, Divorce, Inheritance Act 2014
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
Cruelty in Hindu Law for Men & Women : Ground For Divorce, Section 13 HMA, 498A IPC
Introduction Marriage in Hindus is believed to be one of the necessary religious rites for all Hindus. According to the ancient texts, a man is incomplete without performing the religious rites of marriage. Marriage is considered a sacramental institution and an indissoluble union in Hindu society. The concept of divorce was introduced in the Hindu… Continue reading Cruelty in Hindu Law for Men & Women : Ground For Divorce, Section 13 HMA, 498A IPC