Lawwatch : Legal Resources for Advocates

Guardianship of a Minor Hindu Child

By K Rajasekharan 18 June 2023Civil Cases & Proceedures

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.

Guardian and Ward Act, 1890 : A Brief Summary

By K Rajasekharan 15 June 2023Civil Cases & Proceedures

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

By K Rajasekharan 10 June 2023Criminal Laws & Procedures

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?

By K Rajasekharan 1 June 2023Civil Cases & Proceedures

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.

Declaring a Guardian for a Person in Coma Stage

By K Rajasekharan 31 May 2023Civil Cases & Proceedures

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.

Mutual Consent Divorce by Christians

By K Rajasekharan 15 May 2023Family, Marriage & Divorce

A person professing Christian religion can get a divorce under the Divorce Act, 1869. The act is applicable if one of the parties to the marriage is a Christian and the marriage can be dissolved by passing a decree by the court under the Act.

Wife’s right to Claim Maintenance in India

By K Rajasekharan 14 May 2023Family, Marriage & Divorce, Matrimonial and Maintenance Cases

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.

Types of Divorce under Muslim Personal Law

By K Rajasekharan 8 May 2023Family, 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.