Category: Marriage

The following incidents and consequences of a decree of judicial separation are noteworthy: Image Source: utahdivorcefirm.com(1) The marriage is not dissolved. ADVERTISEMENTS: (2) The husband and wife continue to have the same status but they are not bound to live together.(3) It would not be obligatory for them to cohabit with each other.(4) It does not prevent the parties from subsequently resuming cohabitation and living together as husband and wife as originally, they did.(5) If either spouse marries during the period of judicial separation, he or she would be liable for the offence of bigamy. ADVERTISEMENTS: (6) The petitioner, who may be wife or husband, may claim alimony from the other.(7) The wife shall, from the date of the decree and till separation continues, be considered as a feme sole…

Section 17 of the Act makes the marriage void under the following conditions:(1) If the marriage is solemnised after the commencement of the Act; and ADVERTISEMENTS: (2) At the date of marriage either party has a spouse living.It further renders bigamy punishable as per Section 494 of the Indian Penal Code. Image Source: i.ytimg.comUnless the marriage is performed with proper ceremonies and due form, it cannot be said to be solemnised. It is therefore, essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, Indian Penal Code applies on account of the provisions of the Act should have been celebrated with proper ceremonies and due form.Once these ceremonies are proved to have been performed the marriage becomes properly solemnised and if contracted while…

According to textual Hindu law, an everlasting bond of relationship comes into existence between husband and wife after their marriage. Image Source: divorce.legalTherefore the question of breaking off the marriage does not arise at all. Under certain circumstances e.g., wife living an immoral life, husband could abandon his wife but the marital relationship remained unaffected. Strange enough, Parasara and Narada, two great Smritikaras laid down five conditions in which a woman could take another husband for herself. ADVERTISEMENTS: These conditions included: (1) where the husband has been found lost, or (2) died; or (3) has renounced the world; or (4) has become impotent; or (5) has become an outcaste on account of some social stigma. The above text of Parasara and Narada does not seem to lay down a case…

Hindu Law governed not only Hindus but also Sikhs, Jains and Buddhists. It governed Lingayats a body of dissenters who deny the validity of caste distinctions. Image Source: androidheadlines.comIt governed progressive sects like Brahmans and Arya Samajists. It also governed persons professing other religious beliefs if such was their customary law and if there was no statue governing them. ADVERTISEMENTS: In fact until the other day, that is until the passing of the Shariat Act, several Mohammedan Communities like the Khojas, the Cutchi Memons, the Borahs and the Halai Memons were governed by Hindu Law in matters of succession and inheritance. On the other side of the picture were undoubted Hindus like the Muir and other non-Brahmin Hindu castes of Malabar Cochin and Travancore who were governed by the Marumakkathayam…

May presume:Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Comments: A court has discretion to presume a fact as proved, or to call for confirmatory evidence as the circumstances require. In such cases the presumption is not a hard and fast rule. The presumption is juris et de jure. The court is free to presume any fact or not as the presumptions are about the question of facts. It may regard such fact as proved, unless and until it is disproved or may call for the proof of it.If in a case the court has an option to raise…

Admission defined:An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Image Source: 959watd.com ADVERTISEMENTS: Comments: Scope:Section 17 defines the term “admission.” According to the definition an admission: (i) is a statement, oral or documentary or contained in electronic form, (ii) which suggests any inference as to any fact in issue or relevant fact, and (iii) which is made by any person under the circumstances hereinafter mentioned. Such circumstances as “hereinafter mentioned” have been mentioned in Sections 18 to 30.Strictly speaking, the admission has been dealt with in Sections 17 to 23 and 31, whereas Sections 24 to 30…

Character as affecting damages:In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant. Image Source: images.flatworldknowledge.com ADVERTISEMENTS: Explanation:In Sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but except as provided in Section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.Comments: Scope: ADVERTISEMENTS: Section 55 is an exception to the general rule laid down in Section 52 of the Act, which provides that the character of the party in civil case is not relevant. According to this section the character of the party to a civil suit is relevant if it is…

Legal provisions regarding inquiry by Magistrate into cause of death under section 176 of the Code of Criminal Procedure, 1973.(i) When the case is of the nature referred to in clause (i), i.e., the case involves suicide by a woman within seven years of her marriage or clause (ii) of sub-section (3) of Section 174, i.e., the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, i.e., committed suicide, or has been killed by another or an animal or by machinery, or by an accident, or…

All crime is of a local nature, and the jurisdiction over a crime belongs to the place where it is committed. It is also a general principle of International Law that every person who is found to have committed a crime within a foreign state is subject to its laws and also punishable under such laws. Image Source: cryptocoinsnews.comSection 177 of the Code of Criminal Procedure, therefore, lays down that, ordinarily, every offence is to be inquired into and tried by a Court within whose local jurisdiction the offence was committed. The word ordinarily suggests that its provisions are not peremptory, and the place of trial is not limited to the one mentioned in the section. This view has been confirmed by the Supreme Court, which has observed that the…

Under Section 167 of the Code of Criminal Procedure, whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of 24 hours fixed by S. 57 of the Code, and there are grounds for believing that the accusation or information is well-founded, the Officer-in-charge of the Police Station must forthwith transmit to the nearest Judicial Magistrate, a copy of the entries in his Diaries and at the same time, forward the accused to such Magistrate. Image Source: kemptonexpress.sites.caxton.co.zaThe Magistrate may then authorise the detention of the accused in such custody as the Magistrate thinks fit, for any term not exceeding 15 days in all. ADVERTISEMENTS: However, a Magistrate may authorise the detention of the accused person otherwise than in…