In Lau v. Chu, [2020] 1 WLR 4656 House of Lords indicated, “just and equitable winding up may be ordered where the company’s members have fallen out in two related but distinct situations, which may or may not overlap.” The first of these is labelled as “functional dead lock” of a paralyzing kind, clearly recognized […]
Read more "Functional Dead Lock"“Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man for the representation is in some sort identified by the law with him who he represents.” In Chiranjilal Shrilal Goenka, (1993) 2 SCC 507 the primary question arose, whether an Arbitrator appointed by Court, by consent of parties, […]
Read more "The Proof of Valid Wills III"The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a housemaker undertakes. The conception that housemakers do not ‘work’ or that they do not add economic value to the household […]
Read more "Value of Housework"The definition of the expression ‘shared household’ in Section 2(s) of The Protection of Women from Domestic Violence Act, 2005 uses the familiar legislative formula of a “means and includes” definition; where the definition of an expression in an enactment adopts a “means and includes” stipulation, it is intended to be exhaustive; the ‘means’ part […]
Read more "A “Means and Includes” Definition VI"The definition of ‘shared household’ in Section 2(s) of The Protection of Women from Domestic Violence Act, 2005 is an exhaustive definition. The first part begins with ‘means’, which is undoubtedly an exhaustive definition, and the second part begins with ‘includes’, which is explanatory of what was meant by the definition. The use of both […]
Read more "A “Means and Includes” Definition V"Nilanjan and Second Respondent, who were based in India at the time of the wedding, moved to the US in April, 2015. 25.12.2016, Adhrit was born. He is a US citizen. Second Respondent, after travelling to India in 2019, informed Nilanjan of her plans not to return to the US and to continue to reside […]
Read more "The “First Strike” in Child Custody Battles IV"“The basic concept of coparcenary is based upon common ownership by coparceners. When it remains undivided, the share of the coparcener is not certain. Nobody can claim with precision the extent of his right in the undivided property. Coparcener cannot claim any precise share as the interest in coparcenary is fluctuating. It increases and diminishes […]
Read more "The Coparcenary Concept"Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]
Read more "Rudra – Shiva"My Lord, Jurisdiction of Family Court for Application of Divorced Muslim Woman for Maintenance under Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986? No. After Shah Bano, (1985) 2 SCC 556 The Muslim Women’s Protection Act, 1986 was enacted with effect from 19.05.1986 as per which a divorced Muslim woman […]
Read more "Referred To Larger Bench XXIV: The Muslim Women’s Protection Act, 1986"A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely the ‘fantasy of the doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all the factors together, conscience of the Court is not satisfied […]
Read more "The Proof of Valid Wills II"“A plain reading of The Hindu Adoptions and Maintenance Act 1956 would make it clear that compliance of the conditions in Chapter I is mandatory for an adoption to be treated as valid. The consent of the wife and proof of the actual ceremony of adoption are two important conditions. M. Vanaja has failed to […]
Read more "A Valid Adoption"“The loneliness and lack of co-habitation is stated to have caused physical and mental torture. Multiple efforts have been made even by this Court, but to no avail. The psychologist opined that the separation of 16 years since 2003 had made both the parties bitter and cynical about the relationship and there was no sign […]
Read more "Irretrievable Breakdown of Marriage II"Section 2(a) of The Prohibition of Child Marriage Act, 2006 defines ‘child’ as a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. A ‘child marriage’ means a marriage to which either of the contracting parties is a child. Hardev Singh […]
Read more "Prohibition of Child Marriage"“At the outset, it is required to be noted and does not seem to be in dispute that since last 22 years both the Appellant-Husband and the Respondent-Wife are residing separately. It also appears that all efforts to continue the marriage have failed and there is no possibility of re-union because of the strained relations. […]
Read more "Irretrievable Breakdown of Marriage I"“Deceased undisputedly was over 80 years. Plaintiff pleaded that by reason of age and sickness, the mental capacity of the Deceased was impaired. There is no evidence whatsoever of his mental status. There can be no presumption with regard to the same only because of old age to equate it with complete loss of mental […]
Read more "Care For Elders ≠ Undue Influence"Dungaji had three wives: Kaveribai, Kashibai and Nanibai. Dungaji had declared that his marriage with Kaveribai had been dissolved by way of customary divorce. It was submitted that Dungaji failed to prove and establish the factum of customary divorce; if a customary divorce practice is claimed in a community the same needs to be clearly […]
Read more "Customary Divorce"Indians have been taught the lesson, and rightly so, that consensual intercourse, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under constitutional morality. Mr. XYZ has come up with a film script. Cut short, the script is about an 18-year old Indian, who gets […]
Read more "#THE377DEBATE III : My Lord, Africa"In 2006, the marriage of the Appellant-Wife and the Respondent-Husband was solemnized. In 2009, Master Krishav Gautam was born. In 2012, Respondent-Husband filed for divorce. The Trial Court directed that Master Krishav Gautam should be admitted in Col. Satsangi’s Kiran Memorial Public School, New Delhi. Learned Counsel submitted that the boy is not willing to […]
Read more "Choice of School"“The custody of minor children has been considered difficult in adjudication by the Courts apart from raising delicate issues, especially when the spouses are NRIs. For the custody of children, a tussle was going on between the parents. Obviously, the ultimate goal which has to be kept in mind is the best interest of the […]
Read more "The “First Strike” in Child Custody Battles III"“Muslim Law clearly distinguishes between a valid marriage (sahih), void marriage (batil), and invalid/irregular marriage (fasid). Thus, it cannot be stated that a batil (void) marriage and a fasid (invalid/irregular) marriage are one and the same. The marriage of a Muslim Man with a Hindu Woman is neither a valid (sahih) nor a void (batil) […]
Read more "A Fasid Marriage"