Category: Marriage

Although in most systems of the world, the individual has the freedom to marry or to remain celebrate, marriage is regarded all over the world as a social institution.Whether considered as a sacrament or as a contract, marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Image Source: vanderbilt.edu Marriage or Contract: ADVERTISEMENTS: The fundamental concept of individual liberty and responsibility, which is a corner-stone of Muslim jurisprudence, is incorporated in the institution of marriage. In Muslim law, marriage depends upon the free volition of the parties concerned, so does its dissolution, though the wife’s volition in this regard is subordinate to that of the husband, since the Muslim jurists subscribe to…

When a person converts to Islam, the following questions arise:(a) How far conversion can change the existing rights and the status of the convert, and(b) How far Muslim law applies to the convert and his descendants. Image Source: muslimgirl.net Rights and Status of the Converted Muslims: ADVERTISEMENTS: The question of rights and status of the convert arises mostly when a married person converts to another religion. The question has arisen in some acute form in cases where a person whose personal law prescribe monogamy and who converted to Islam with a view to taking advantage of the Muslim law provision which permits polygamy. It is happening that Hindu or Christian who wants to take a second wife and who has no ground available to divorce his first wife, converts to…

India is a country which abounds in personal laws. Every religious community in personal matters is governed by its own laws. Just as the Hindus, the Christians, the Parsis and the Jews are governed by their own personal laws, so are the Muslims. Image Source: koreaittimes.comThe Hindus and the Muslims have, all along, claimed that their laws are of divine origin. However, in Hindu law it has been an established proposition that a valid custom overrides the sacred law. Custom has never been an important aspect of Muslim law, although, at one time, the Privy Council held the view that a valid custom overrode Muslim law. ADVERTISEMENTS: During the long period of Hindu rule, Hindu law was all pervasive. All aspects of the life of an individual were regulated by…

Legal provisions regarding Giving False Evidence under section 191 of Indian Penal Code, 1860.Giving False Evidence:The offence under Section 191, IPC comprises of the following elements: Image Source: pocketperspectives.files.wordpress.com ADVERTISEMENTS: (i) A false statement, made by a person, who is;(ii) Bound by an oath; or(iii) By an express provision of law; or ADVERTISEMENTS: (iv) A declaration which a person is bound by law to make on any subject; and(v) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.The three essential pre-requisites are:(i) A legal obligation to state the truth; ADVERTISEMENTS: (ii) The making of a false statement or declaration; and(iii) Being in its falsity.Bound by Oath or Law to say the truthFalse evidence to be punishable…

Being in the 21st century, with technology and world so advanced, we still talk about this subject, “Are Women Safe, in India, especially?” With surveys and understandings of what is happening around us, it is time that the country joins hands together to realize that – ‘Women are NOT SAFE in any means in India’. There have many cases that have been reported and many unreported for the torture a woman undergoes, yet there has been nothing done to change the law or the system to the way a woman is being looked at. image source: upload.wikimedia.orgWomen have been advancing, progressing and have proved that they can beat men in any sector they are in. Be it sports, arts, science, politics, service or for that matter any where, she has…

Legal provisions regarding punishment for Rape under section 375 of Indian Penal Code, 1860.Rape: The word ‘rape’ is derived from the Latin term ‘rapio’, which means to seize. Thus, it literally means a forcible seizure and that is the essential characteristic feature of the offence. In common parlance, it means intercourse with a woman without her consent by force, fear or fraud. Image Source: pixel.nymag.com ADVERTISEMENTS: It is ‘the ravishment of a woman without consent, by force, fear or fraud’, or ‘the carnal knowledge of a woman by force against her will’. Sexual intercourse with the consent of a girl below the age of sixteen years also amounts to rape.Ordinarily, rape is violation, with violence of the private person of a woman – an outrage by all canons. It is…

Legal provisions regarding Kidnapping, abducting or inducing woman to compel her marriage, etc under section 366 of Indian Penal Code, 1860.Kidnapping, abducting or inducing woman to compel her marriage, etc: Section 366 of the Indian Penal Code provides that: “Whoever kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation…

The Hindu Succession Act, 1956, brought about many important changes in the Hindu intestate succession of properties apart from introducing a uniform law of succession among Hindus, in the entire territory of India, These important changes can be enumerated as follows:— Image Source: drdivaphd.files.wordpress.com (1) Changes in the Hindu joint family: Firstly, under the pre-existent law in the Hindu joint family, a coparcener could not write in respect of his interest or property in the family. But Section 30 of the Hindu Succession Act enables a coparcener to write a will in respect of his property. Secondly, on the death of coparcener, the principle of survivorship was recognised. ADVERTISEMENTS: So that the property went to other coparceners. The widow or the daughter or daughter’s daughter of the pre-deceased coparcener cannot…

Admission by party to proceeding or his agent:Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. Image Source: justice.vic.gov.au ADVERTISEMENTS: By suitor in representative character:Statements made by parties to suits, suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character.Statements made by:(1) Party interested in subject-matter: ADVERTISEMENTS: Persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or(2) Person from whom interest derived:Persons from whom the parties to the suit have derived their…

A testamentary guardian is one who is appointed by a will of the natural guardians of the minor. Father who is the natural guardian of his minor children can appoint guardian for them who are known as testamentary guardians. Section 9 of the Hindu Minority and Guardianship Act, 1956, relates to the testamentary guardians and their powers. Image Source: azizilaw.com ADVERTISEMENTS: Under old Hindu Law a testamentary guardian appointed by father could function even though when the mother was alive. But according to Section 9, even though the father has appointed a guardian if the mother is alive, she would be his guardian, and she also can appoint under her will a guardian of her own choice.But if the mother does not appoint any guardian, the appointment of the guardian…