Category: Marriage

History of the Amendment: Under the original Bill (Marriage Laws Amendment Bill), 1974 it was proposed to omit the words “on a petition presented by either party thereto”. The object of the proposal was to enable third parties (i.e. strangers to the marriage) to seek relief under s. 11. For instance, when A first marries  and then marries Ñ,  is a stranger to the second marriage. Image Source: images.speakingtree.iimg.inIt was held in Kedar Nath v. Smt. Suparva, AIR 1963 Pat. 311, that the first wife  cannot present a petition under s. 11 for a declaration of nullity of A’s marriage with C. The proposal was intended to supersede the decision. It was opposed by the Law Commission and has been dropped. So under the Amended section also…

By marriage the husband becomes entitled to the conjugal society of his wife and the wife to the conjugal society of her husband. If either party unreasonably withdraws from the conjugal society of the other and the parties are not living together, the aggrieved party can petition for restitution of conjugal rights under s. 9. Image Source: 1.bp.blogspot.comThis remedy was known in England and was originally applied in India by the Privy Council for the first time in 1866 in Moonshee Bazloor v. Shamsoonaissa Begum; 1866-67 (11) Moo. Ind. App. 551. In England itself this remedy has been abolished in 1970. ADVERTISEMENTS: There has been a lively controversy in recent times as to the constitutional validity of s. 9. It has been set at rest by the Supreme Court in…

The conditions necessary for a valid Hindu Marriage are stated by Yajnavalkya in the chapter dealing with Marriage. The commen­tators have treated some of the conditions mentioned in this text as mandatory and some as recommendatory.The following conditions prescribed by this text are regarded as mandatory: — (1) the bride should not be a Sapinda of the bridegroom (2) she should be separated by seven degrees on the father’s side and five degrees on the mother’s side (3) she should not have the same gotra or Pravara as the bridegroom. (4) She should not have been married to another earlier.The other conditions are treated as recommendatory only. They are (1) She should be good looking (2) She should be younger in years (shorter in stature). (3) She should be healthy…

The effects of conversion from one religion to another under Hindu Law are described below: (A) Law Applicable: The effect of conversion from one religion to another on the law applicable to the convert was considered by the Privy Council in Abraham v. Abraham, 1863 (9) MIA 195. M. Abraham’s ancestors wereHindus who were converted into Christianity. On the death of M. Abraham his widow brought the suit for recovery of his property. This suit was resisted by his brother F. Abraham who contended that his ancestors continued to be governed by the Hindu Law in spite of conversion. He accordingly claimed that he was entitled to the entire property according to the Hindu Law of survivorship applicable to a joint Hindu family. Image Source: duichargeatlanta.com ADVERTISEMENTS: The Privy Council…

The following topics are discussed below:1. Revocation of Muslim wills2. Lapsing of legacies ADVERTISEMENTS: 3. Abatement of legacies4. Devolution of inheritance5. Position of an executor of a Muslim will6. Probate of a Muslim will, when necessary ADVERTISEMENTS: 7. Alienation by an heir of his share before payment of debts8. Validity of alienation of the whole property for payment of debts9. Decree against an heir, if binding on other heirs10. Difference between Shia and Sunni law of wills. Image Source: growingfaithathome.files.wordpress.com ADVERTISEMENTS: 1. Revocation of Muslim Wills: A will is, by its very nature, revocable. A testator may, therefore, at any time, revoke his will expressly or tacitly. Thus, when the testator destroys the subject-matter of his bequest, or completely alters its nature, or transfers it to another person, revocation may…

Gifts (hiba), in Muslim law, are of the following four kinds:1. Sadaquah2. Hiba-bil iwaz ADVERTISEMENTS: 3. Hiba-ba-shart-ul-iwaz4. Areeat Image Source: 2.bp.blogspot.com 1. Sadaquah: Where the object of the donor is to acquire merit in the eyes of the Lord and a recompense in the next world, the gift is called Sadaquah. It is a gift with a religious motive. Like hiba, it is not valid unless accompanied by delivery of possession. Unlike hiba, it cannot be revoked, the reason being that the object of such a gift is acquisition of religious merit and that has already been acquired. ADVERTISEMENTS: Sadaquah is a transfer of property or rights in all respects like a hiba, except that —1. In the case of hiba, the object is to manifest affection towards the donee,…

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which…

Adultery:1. Adultery is defined in Section 497 of the Indian Penal Code. ADVERTISEMENTS: 2. In adultery, there is sexual intercourse with the wife of another person without his consent or connivance of such person.3. If sexual intercourse is done with wife with the consent of the husband, it is not an offence. image source: tabor330.files.wordpress.com4. In adultery, wife is not punished, even though she is also an active and consenting participant in sexual intercourse.5. This Section applies to all religions alike. ADVERTISEMENTS: 6. Punishment: Imprisonment for 5 years or fine or with both.Bigamy:1. Bigamy is defined under Section 494. Concealment of the first marriage and preparing for second marriage is explained in Sec. 495.2. The offence of bigamy consists in marrying second spouse in the life time of the wife…

Sections 76 and 79 of Chapter-IV (General Exceptions) of the Indian Penal Code, 1860 explain the provisions about “Mistake of Fact” and “Mistake of Law”. These provisions are based upon the common law maxim “Iqnorantia facti doth excusat; Ignorantia juris non excusat.” (Ignorance of fact is an excuse, but ignorance of law is not excused.) image source: i.ytimg.comMistake of fact is a good defence in criminal law, which is explained in two Sections 76 and 79. Both of these Sections are included in General Exceptions (Chapter-IV). ADVERTISEMENTS: Meaning: Mistake:An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract, or a belief in the present existence of a thing material to the contract, which does not exist; some intentional act, omission, or error arising from ignorance,…

“Actus non facit reum nisi mens sit rea” is the famous English maxim of criminal law. This maxim means “The act itself does not constitute guilt unless done with a guilty mind.” This maxim is popularly known as “Mens Rea”. Mens Rea means “III Intention”. image source: i.ytimg.comMens Rea is a well settled principle of common law in England. In every statutory offence, Mens Rea is an essential ingredient. It is presumed that the wrong-doer did the offence with an ill intention. The prosecution must prove the ill intention (Mens Rea) of the accused to prove the offence committed. ADVERTISEMENTS: Only in the cases, where the applicability of Mens Rea is excluded by the Statutes, then only it can be exempted. Only in few exceptional circumstances the Doctrine of Mens…