May 2023 - Lawwatch : Resources for Learners

Declaring a Guardian for a Person in Coma Stage

By K Rajasekharan 31 May 2023Civil law

No law exists in India that provides for a mechanism or procedure to appoint for a person in comatose state. However, there is a law that provides for appointment of guardian for a minor as well as the persons with disabilities like mental retardation.

Wife’s right to Claim Maintenance in India

By K Rajasekharan 14 May 2023Family, Marriage & Divorce

Maintenance refers to the amount payable by a husband to the wife (or wife to husband) who is unable to maintain herself. It can be claimed either during the marriage or after the divorce. The objective of granting maintenance is to ensure that the dependent spouse should not be lead to destitution or vagrancy but it should not be a punishment to the other.

Unmarried Daughters can Claim Maintenance

By K Rajasekharan 11 May 2023Family, Marriage & Divorce

An unmarried daughter, who attained majority, can claim maintenance from her father of mother if she is unable to maintain herself out of her earnings or other property, under Section 23 of the Hindu Adoption and Maintenance Act, 1956 (HAMA).

Fundamental Right can be enforced against Individuals

By K Rajasekharan 9 May 2023Constitutional law

A fundamental right, under Article 19/21 of the Constitution, can be enforced even against persons other than the State or its instrumentalities. This is what the Supreme Court (SC) says in a 4:1 majority judgment in Kaushal Kishor v State of UP. Justice B V Nagarathna, the sole dissenting judge, issued a dissenting judgement.

Early Disposal of Family Court Cases

By K Rajasekharan 7 May 2023Family, Marriage & Divorce

A motion made by a party for an early hearing or time-bound disposal of a case or cases for any justifiable or valid reason has to be dealt with appropriately by the Family Court, by passing an order for early hearing or time-bound disposal of that case or cases.

Collection of Parking fee in a Shopping Complex

By K Rajasekharan 7 May 2023Civil law

A recent judgement of the High Court says in Bosco Leuis v State of Kerala, t is the prerogative of the building owner to decide whether to levy parking fee from the customers. The judgement says that if the building owner decides to levy fees it can be done after obtaining a licence from the local authority under Section 447 of the Kerala Municipality Act.

Law relating to Will in a Nutshell

By K Rajasekharan 1 May 2023Property & Succession

Will is a solemn document executed by a person for planned disposition of his property after his death. If the Will is properly executed it would prevent many future clashes and court cases regarding ownership of property. In the absence of any suspicious circumstances, the presumption of genuineness of the Will would remain undisputed. Even though some infirmities exist they can be wholly neglected.