Category: Marriage

Mistake of Fact:Section 76 applies to mistake of fact and not to mistake of law. This section and Section 79 are a paraphrase of the English Common Law maxim in its application to criminal law, Ignorantia facit excusat : ignorantia juris non excusat. (Ignorance of fact excuses, ignorance of law does not excuse). Image Source: i.ytimg.com ADVERTISEMENTS: The distinction between these two sections is that in the former a person is assumed to be bound, and in the latter to be justified by law; under both these sections there must be a bona fide intention to advance the law, manifested by the circumstances attending the act which is the subject of charge.Under Sections 76 and 79 mistakes must be one of fact and not of law. Mistake has a recognised…

When we judge human action as right or wrong we apply certain principles. There is an inborn sense of right and wrong in human nature. Who taught us to respect truth, and to despise deceit? ‘Right’ and ‘wrong’ are essentially a social phenomenon. Image Source: 2.bp.blogspot.comThey are born of social contract. There are two branches of human learning which are devoted to the study of right and wrong, law and ethics of the science or morals. These two branches are closely connected. They are different aspects of the same problem. ADVERTISEMENTS: Both law and morals regulate human conduct in allied but essentially distinct ways. Laws tell us that this is a right act and that is a wrong act, that a man shall do this and shall not do that.…

Muslim law recognises following kinds of guardians:(1) Natural or legal guardian,(2) Testamentary guardian, ADVERTISEMENTS: (3) Guardian appointed by Court or statutory guardian, and(4) Defacto guardian. Image Source: 3bek8b2kien92hgjfb3ohv7e.wpengine.netdna-cdn.com 1. Natural Guardians: Natural guardian is a person who has a legal right to control and supervise the activities of a child. Father is recognised as the natural guardian of his child under all the schools of Muslim law. The father’s right to act as guardian of the minor is an independent right, and is given to him under the substantive law of Islam. Natural guardian is also called Dejure or the legal guardian. ADVERTISEMENTS: As stated above, only father is the natural or legal guardian of his child. But in the absence of father, the father’s executor may also act as…

Legal Provisions of Section 366A of Indian Penal Code, 1860.Procuration of minor girl:This section makes procuration of a minor girl a punishable offence. It states that whoever by any means whatsoever induces any minor girl under the age of eighteen years to go from any place or to do any act with the intention that such girl may be forced or seduced to illicit intercourse with another person or with the knowledge that it is likely that she will be forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment extending up to ten years, and shall also be liable to fine. Image Source: thewiire.com ADVERTISEMENTS: The section is attracted when a minor girl under eighteen years of age is induced to go from any place…

A Muslim wife has no independent right of divorce. She cannot divorce her husband whenever she likes, as her husband may do. Under Muslim law, divorce by wife is possible only in the following situations:(a) Where the husband delegates to the wife the right of Talaq (Talaq-e- Tafweez). ADVERTISEMENTS: (b) Where she is a party to divorce by mutual consent (Khula and Mubarat).(c) Where she wants to dissolve the marriage under the Dissolution of Muslim Marriage Act, 1939. Image Source: i.huffpost.comIn the first two cases the wife’s right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless the husband himself gives her the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, she cannot get divorce unless the husband also gives his consent…

Any type of property, immovable or movable, corporeal or incorporeal, which is capable of being transferred, may form the subject-matter of a bequest. It is not necessary that the subject-matter of the will should be in existence when the will is made, it is sufficient, if it is in existence at the time of testator’s death. Image Source: 2.bp.blogspot.comThe bequest may consist of the corpus or of the usufruct. Under Muslim law, it is possible that a testator may give to one person and the usufruct to another. Thus, a right to occupy a house during a future period of time, or to take the rents, or future produce, or usufruct for a limited time, or for the life time of the legatee may validly constitute the subject-matter of a…

Legal provisions regarding Marriage ceremony fraudulently gone through without lawful marriage under section 496 of Indian Penal Code, 1860.Marriage ceremony fraudulently gone through without lawful marriage: “Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Image Source: omargutierrez.com ADVERTISEMENTS: Section 496 punishes fraudulent or mock marriage. This section applies to such cases in which marriage ceremony is complete but under no circumstances constitutes a valid marriage and in which one of the parties is induced to believe that a valid marriage has been constituted thereby.The essential ingredients of Section 496 are:i) The accused…

Difference between Section 304-B and 498-A of the IPC are as follows:Section 304-B deals with dowry death being subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. But, the terms has not been defined in Section 304-B. The explanation to Section 498- A gives the meaning of cruelty and as given in explanation ‘cruelty’ by itself amounts to an offence and is permissible. Image Source: cloudimages.youthconnect.in ADVERTISEMENTS: Though it is true that cruelty is a common essential to Section 304-B and Section 498- A, the provisions deal with two distinct offences. Under Section 304- B, it is the ‘dowry death’ that is punishable and such death should have occurred within seven years of the marriage. No…

The matrimonial remedy of restitution of conjugal rights was made available to all the communities, including the Muslims, at an early period of British rule in India. The earliest Privy Council decision under Muslim law goes back to the 1867. Image Source: i.ytimg.comThe remedy is available in modern India by a suit of restitution of conjugal rights in the lowest civil court. What is most remarkable about this remedy is that most textbook writers discuss it as if the remedy is available to the husband alone and not to the wife. ADVERTISEMENTS: The reason seems to this that in most of the cases the suits for restitution of conjugal rights have been filed by the husband. There seems to be another reason also: the husband can frustrate the wife’s petition…

If the impediment or prohibition to marriage is temporary or remedial, then a marriage performed in violation of such impediments is not void, but, as the Muslim law gives call, irregular. An irregular marriage, under Muslim law, is not same thing as voidable marriage under English law or Hindu law. Image Source: vanderbilt.eduA voidable marriage is a perfectly valid marriage till it is avoided, and it can be avoided only by either party to the marriage. No third person can take a stand on it. A voidable marriage on its annulment has, practically, the same consequences as a void marriage. On the other hand, an irregular marriage is not a valid marriage: nor is it a void marriage. ADVERTISEMENTS: A fasid marriage is not a valid marriage to begin with,…