Guardianship of a Minor Hindu Child

18 June 2023Posted inCivil law
The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Ward Act, 1890 (GWA) are the two acts that deal with guardianship. Both the acts define the rights, obligations, relations between adults and minors. The GWA applies to everyone regardless of caste, creed, or community and it includes the procedure on how to petition courts for the appointment of a guardian. The HMGA has an overriding effect in regard to all other laws relating to guardianship, as per Section 5 of the HMGA.

Law relating to Guardian and Ward

15 June 2023Posted inCivil law
The court, on an application by a party, can appoint or declared a guardian for a ward. The purpose is to ensure the welfare of the minor and take care of the ward’s person and property, as per the Guardian and Wards Act, 1890 (GWA).

Nudity does not per se amount to Obscenity

10 June 2023Posted inCriminal law
In Rehna Fatima v State of Kerala & Another, the High Court of Kerala quashed the charge of nudity and other ones levelled against the activist Ms Rehna Fatima under the penal code and other laws, for posting a video on internet depicting her minor children painting on her bare torso under the hashtag “Body art and Politics”.

Permanent Lok Adalat: How it works?

1 June 2023Posted inCivil law
Permanent Lok Adalat (PLA) is a judicial body consisting of one judicial officer and two technical officers. Its purpose is to consider and decide the disputes relating to public utility services such as transport, Post and telegraph, sanitation and public conveyance, conservancy, hospital, dispensary service and insurance.

Wife’s right to Claim Maintenance in India

14 May 2023Posted inFamily, 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.

Types of Divorce under Muslim Personal Law

8 May 2023Posted inFamily, Marriage & Divorce
Muslim personal law recognises divorce as a lawful way to end a marriage, but it is considered the last resort and should be considered only after making attempts for reconciliation. Divorce can be initiated by either the husband or the wife, but there are specific rules and procedures that need to be followed depending on the circumstances, such as the type of divorce being sought, the waiting period (iddah) for the wife, and the division of property and assets.

Child Marriage & Muslim Personal Law

7 May 2023Posted inFamily, Marriage & Divorce
Marriage of a Muslim girl can be contracted when she attains puberty under the Muslim Personal Law (Shariat) Application Act, 1937. The Section 2 of the Prevention of Child Marriage Act, 2006 (PCMA) defines any girl below the age of 18 as a child. The Section 3 of the act states that a marriage involving a child is voidable and can be made void by filing a petition at her option within two years after she becomes a major. If the girl does not file a petition for a decree of nullity, her marriage will remain legally valid.