Child Marriage & Muslim Personal Law

Posted 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.

Law relating to Will in a Nutshell

Posted inProperty & Succession, Will & Related Matters
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.

Removal of Wrongly included Property from Data bank

Posted inKerala Paddy and Wetland Act 2008
If a property, unfit for being included, is wrongly included in the Data Bank constituted as per the Kerala Conservation of Paddy Land and Wetland, 2008 then the aggrieved person is at liberty to file an application for removal of the property from the data bank on the ground of wrong inclusion. This is what Kerala High Court of Kerala ( HC) says in RDO v Poothotta Resorts Pvt Ltd [ 2023(1) KLT 155].

Rights of the Woman in Live-in-relationship

Posted inFamily, Marriage & Divorce
Live-in-relationship is an arrangement in which an unmarried heterosexual couple lives together in a long-time relationship that resembles a marriage. It is nothing but cohabitation. The concept of live-in-relationship is increasingly emerging as a viable alternative to marriage in cities and urban areas. No marriage law recognises live-in-relationship. Therefore live-in-relationship is not a legally valid form of marriage. It is an informal marriage. If has no legally recognised marriage ceremony. It is a relationship in the nature of marriage.

Dealing with Defamation in Civil Law

Posted inCode of Civil Procedure 1908 CPC
Defamation is making or publishing any Imputation to harm the reputation of a person or body. It is a dishonest false statement to discredit or put disrepute on a person or body. In Indian law, defamation is both a civil wrong and a criminal offence. But this write up focuses on it as a civil wrong, even though its definition in Indian Penal Code (IPC) is given to clarify the concept behind it.

Protection of Women from Domestic Violence

Posted inCrimes Against Women
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides a range of remedies in the civil law, to protect women from domestic violence and prevent its occurrence in future. The orders under the act are in the civil nature. But if the orders are neglected or violated by the defendant, such violation will turn into a criminal offence.