“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"“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]
Read more "Section 16 of The Hindu Marriage Act"“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock. We have given deep thought to the matter. The second marriage of the […]
Read more "Second Marriages and Child Custody"“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]
Read more "Masterly Concubinage II"Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]
Read more "#The377Debate II : 06.09.2018"Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]
Read more "A Mensa Et Thoro"Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]
Read more "Section 5(1) + Section 15 of The Hindu Marriage Act"