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"“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"