Lawwatch : Resources for Learners

Permanent Lok Adalat: How it works?

By K Rajasekharan 1 June 2023Civil 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.

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.

Mutual Consent Divorce by Christians

By K Rajasekharan 15 April 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.

Types of Divorce under Muslim Personal Law

By K Rajasekharan 8 April 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.

Child Marriage & Muslim Personal Law

By K Rajasekharan 7 April 2023Family, 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.

Prohibition of Child Labour in India

By K Rajasekharan 25 March 2023Civil law

The laws in India prohibit employment of children in labour, provides for punishment for any violation but do not altogether disallow their employment. Certain forms of work done by children like running a family business or performing as a child artist, etc. are allowed under certain conditions.