Author: Hemant More

Jurisdiction of Family Courts

Post author By Hemant More
Post date September 20, 2019
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Indian Legal System > Civil Laws > Family Laws > The Family Courts Act, 1984 > Jurisdiction of Family Courts In the last article, we have seen that under Section 3 of the Family Courts Act, 1984 the State must establish a Family Court for every area in the State comprising a city or town […]

Tags Hemant Kumar Aagarval v Lakshmi Devi, Jacob Kuruvila and others v Merly Jacob, Leby Issac v Leena M. Ninan, Sangeeta B Kadam v Balakrishna Ramchandra Kadam, Shiny v George and another, Srihari v Sukunda, Sumita Singh v Kumar Sanjay, Syamala Devi v Saraladevi, Vimalashram Gharkul v Smt Jyoti Banon Joseph

Family Laws

Establishment of Family Courts

Post author By Hemant More
Post date September 20, 2019
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Indian Legal System > Civil Laws > Family Laws > The Family Courts Act, 1984 > Establishments of Family Courts India has one of the oldest legal systems and practices in the world. Its law and jurisprudence stretch back to many centuries, forming a living tradition which has grown and evolved with the lives of […]

Tags Appointment of Judges in Family Courts, Establishment of Family Courts, Family court, Gangadharan v. State of Kerala, The Family Courts Act

Family Laws

Definition of Dowry Under the Act (S. 2)

Post author By Hemant More
Post date September 20, 2019
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Indian Legal System > Civil Laws > Family Laws > The Dowry Prohibition Act, 1961 > Definition of Dowry Under the Act Objects of Dowry prohibition Act, 1961: The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with an objective to prohibit presenting, obtaining or demanding dowry by any means from either of the party to the marriage. In […]

Tags Definition of dowry, Dowry, Hakam Singh v. State of Punjab, Kamdeo Mehto v. State of Bihar, Mehr, Mohammad Usman Warsi v. Mahammad Farooq, Pawan Kumar v. State of Haryana, Reema Aggarwal v. Anupam, Shyam M Sachdev v. State, Sidram Narayan Batane v. State of Maharastra, Soni Devraj Bhai Baber Bhai v. State of Gujrat, Sushil Kumar and others v. State of Haryana, Venuri Venkateswar Rao v. State of A. P.

Family Laws

Dowry

Indian Legal System > Civil Laws > Family Laws > The Dowry Prohibition Act, 1961 > Dowry and its Ill-Effects Historical Background of Dowry: Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parent money, goods or estate honouring the bridegroom’s willingness to accept the bride in […]

Tags Bihar Dowry Prohibition Act, Ishwar Chand Vidyasagar, Jammu and Kashmir Dowry Restraint Act, Kanyadan, Kanyadana, Konosondas Mulji, Sind Deti-Leti Act, Stridhan, Stridhana, Varadakshina

Family Laws

The Commission of Sati (Prevention) Act, 1987

Post author By Hemant More
Post date September 18, 2019
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Indian Legal System > Civil Laws > Family Laws > The Commission of Sati (Prevention) Act, 1987 The term sati means the Hindu practice of widow burning or the burning of the living widow with the corpse of her husband. When the term sati is applied to the widow it means a woman who sacrifices […]

Tags Abatement of sati, Attempt to commit sati, Glorification of sati, Roop kanwar Case, The Commission of Sati (Prevention) Act

Family Laws

Prohibition of Child Marriage Act, 2006

Post author By Hemant More
Post date September 17, 2019
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Indian Legal System > Civil Laws > Family Laws > Prohibition of Child Marriage Act, 2006 Child marriage is a violation of human rights and can result in bonded labour, enslavement, commercial sexual exploitation, and violence against victims. Demerits of Child Marriage: Lack of Understanding: Due to small age the level of understanding between marrying […]

Tags Child, Child Marriage Prohibition Officer, minor, Prohibition of Child Marriage Act

Family Laws

Monogamy, Polygamy, and Polyandry

Post author By Hemant More
Post date September 17, 2019
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Indian Legal System > Civil Laws > Family Laws > Monogamy, Polygamy, and Polyandry In this article, we are going to understand the terms monogamy, polygamy, and polyandry in detail. Monogamy: In the monogamous family system, a man can marry only one wife. Under the Christian, the Parsi, and the Hindu Marriage Acts, neither the […]

Tags Adelphic polyandry, Fraternal polyandry, Monogamy, Monogyny, Non-fraternal Adelphic Polyandry, polyandry, Polygyny

Environmental Laws

Definitions Under Wildlife Act (Section 2)

Post author By Hemant More
Post date September 16, 2019
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Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Definitions Under Wildlife Act (Section 2) It is to be noted taht the Act covers both animal and plant. Section 2. Definitions – In this Act, unless the context otherwise requires, – 1) “animal” includes amphibians, birds, mammals, and reptiles, […]

Tags Animal, Captive animal, Chief Wildlife Warden, Hunting, Live-stock, National park, Recognized zoo, Reserved forest, Sanctuary, Taxidermy, Trophy, Uncured trophy, Vermin, wildlife, Wildlife Advisory Board, Wildlife Protection Act

Family Laws

Mental Cruelty

Cruelty can be of both kinds: physical and mental. It is physical when the body is injured. It is mental when feeling and sentiments are wounded. The petitioner may be meted with the cruelty of either or both types. However, cruelty has to be distinguished from the ordinary wear and tear of family life. Cruelty […]

Family Laws

Cruelty: Judicial Interpretation

Post author By Hemant More
Post date September 10, 2019
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Section 13 (1) (i a) of the Hindu Marriage Act, 1955, provides for the ground for divorce and judicial separation on the basis of cruelty. Section 13 (1) (i a) of the Hindu Marriage Act, 1955: Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either […]