Marriage and Family Law

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Marriage and Family Law
September 19, 2017

Triple Talaq Judgment: Gender, ‘Othering’ and A Medieval Paradigm

Psychoanalysis has always been a bit harsh, if not downright suspicious of altruism. However, the spectacle of the overwhelming concern for Muslim women from Prime Minister Modi to U.P. Chief…
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Marriage and Family Law
July 1, 2012

Marriage and divorce: mental cruelty by the wife

In this case of granting a divorce on grounds of mental cruelty by the wife, the Supreme Court seems to have gone out of its way to change the parameters…
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Marriage and Family Law
December 1, 2011

Patriarchy cedes to gender equality

Deeply entrenched patriarchy continues in modern India, from the airlines to the armed forces. But the Supreme Court’s November 2011 judgment, stating that Air India’s policy of appointing only males…
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Marriage and Family Law
April 1, 2010

Child custody in the context of foreign court orders

In a matrimonial dispute case involving a child, where the child was removed from his natural environment (the US) by the mother, and brought to India, the Supreme Court of…
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Marriage and Family Law
September 1, 2009

Apex court rules anew on cruelty by husband and relatives

The Supreme Court does not just decide individual cases -- it lays down the law of the land. A recent ruling in which the apex court held that kicking a…
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Marriage and Family Law
August 1, 2009

SC flip-flops on irretrievable breakdown of marriage

The Supreme Court has in the past granted divorce based on irretrievable breakdown of marriage, but a recent judgment dismisses it. The law must be settled once and for all,…
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Marriage and Family Law
March 1, 2009

Medical expenses and maintenance

In a judgment regarding medical reimbursement to a wife by her husband, the Supreme Court observed that the terms ‘maintenance’ and ‘support’ include means of living, food, clothes, shelter, recreation,…
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Rakesh Shukla 0
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Marriage and Family Law
November 1, 2008

Maintenance for wife and children: final and interim

What is the law's position on maintenance for the wife and children, after a divorce? What happens if the courts take years to arrive at a final decision regarding maintenance?…
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Rakesh Shukla 0
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Marriage and Family Law
September 1, 2008

The finer points of dowry death

In Baldev Singh versus State of Punjab 2008 (11) SCALE 120, although a demand by the husband for a fair share for his wife in her father’s property did not…
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Marriage and Family Law
June 1, 2008

The ‘husband’ in the context of cruelty, dowry death and the validity of marriage

How does one interpret the expression “husband” in the context of the offences of cruelty and dowry demands, in cases where the validity of the marriage is in question? In…
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Marriage and Family Law
May 1, 2008

Who is a legally wedded wife?

If a woman is duped into marriage by a man who is already married, and then deserted, can she claim maintenance for herself and her children? Savitaben was married in…
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Marriage and Family Law
April 1, 2008

Hindu women and adoption

A recent Supreme Court judgment in the case of a disabled woman from Madhya Pradesh highlighted that a married Hindu woman cannot adopt a child. The Supreme Court, in a…
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Rakesh Shukla 0
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Marriage and Family Law
August 1, 2007

Raped woman’s testimony overrides medical evidence

The sexist attitudes of a patriarchal society ensure that convictions in rape cases in India are rare. The recent Supreme Court judgment, convicting the accused solely on the basis of…
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Rakesh Shukla 0
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Marriage and Family Law
August 1, 2007

At odds with the Domestic Violence Act

In its first ever judgment involving the Domestic Violence Act, the Supreme Court gives an interpretation clearly at odds with the objectives of the Act and against the interests of…
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Marriage and Family Law
April 1, 2007

Defining mental cruelty

In a recent judgment the Supreme Court attempted to clarify the concept of 'mental cruelty' in matrimonial law. Do these conditions and definitions work in a country like India with…
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Rakesh Shukla 0
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Marriage and Family Law
February 1, 2007

A setback for the battle against dowry

A recent Supreme Court judgment stating that money demanded on account of financial stringency or to meet urgent domestic expenses does not constitute dowry has serious repercussions for ongoing and…
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Rakesh Shukla 0
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Marriage and Family Law
November 1, 2006

Model Law

Laws drafted in dusty government offices are often vague and full of loopholes. The Protection of Women from Domestic Violence Act 2005 is a clear and concise piece of legislation…
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Marriage and Family Law
November 1, 2006

Children of void marriages and inheritance rights

What is the status and rights of children from marriages that are declared null and void? Can they legally inherit property? The issue of women’s rights to property under Hindu…
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Rakesh Shukla 0
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Marriage and Family Law
September 1, 2006

Multiple testimonies by victims of gender violence

The courts tend to take an insensitive stand on the multiple, and often contradictory, versions of victims/survivors of gender violence - whether it's Zaheera Sheikh of the Best Bakery case…
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Rakesh Shukla 0
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Marriage and Family Law
July 9, 2006

Love, inter-caste marriage and criminal law

The Supreme Court recently ruled that there is no bar on inter-caste or inter-religion marriages under the Hindu Marriage Act. Anyone who harasses, threatens or subjects such a couple to…
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Rakesh Shukla 0
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Marriage and Family Law
July 1, 2006

Love, romance and the age of marriage

Legally, a Hindu bridegroom should be aged 21 and a bride 18. However, several girls over 15 but under 18 elope to marry men of their choice. In many cases,…
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Rakesh Shukla 0
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Marriage and Family Law
May 1, 2006

The ‘fault theory’ vs the ‘breakdown theory’ of divorce

Should divorce be granted solely on the basis of who is 'at fault'? Or should 'irretrievable breakdown' of a marriage be cause for divorce? In a recent judgment, the Supreme…
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Rakesh Shukla 0
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Marriage and Family Law
February 9, 2006

Gap between law in theory and in praxis

A recent Bombay High Court judgment stating that a daughter ceases to be part of a father’s family on marriage, coupled with reports that a lady judge has listed her…
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Rakesh Shukla 0
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Marriage and Family Law
March 17, 2005

THE LEADER ARTICLE: Paternity Test: SC Fails to Question Father as ‘Natural’ Guardian

Another International Women's Day has gone by. The occasion brings into focus a recent Supreme Court order on the subject of father as the 'natural' guardian of the child. The…
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