“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"“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"