Family Law

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Applicability of Hindu Marriage Act 1955 to People from Various Cultures

Religious tolerance is founded in both law and tradition in India, which is a country of religious and cultural diversity. Throughout India’s history, religion and cultures have played a significant role in the country’s society. The overwhelming majority of Indians have a religious affiliation. According to the Indian census, Hinduism is practiced by 80.5 percent …

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Inception Of Shufaa (Pre-emption)

Pre-emption is a right. The term pre-emption specifically means an opportunity to purchase an estate which is offered to one person before others. “It is a legal right of buying a thing before all others”[1]. Shufaa, or the privilege of pre-emption, is characterized to be an intensity of having property which has been sold, by …

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Female As Karta

The eldest surviving male of the family used to be the only Karta of that particular family. Even in cases where the eldest member of the family was the woman then also if there was a minor son, he could become Karta and in case the son was of such age that he could not …

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CONCEPT OF MAHR IN MUSLIM LAW

In every religion marriage is the purest ceremony that has to be performed as per the rituals and customs. Unlike the Hindu marriage, Muslim marriage is almost a contract where a sum of money or something is given to the wife as the consideration of marriage. Mahr in Muslim law is an amount paid to …

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CONCEPT OF JUDICIAL SEPARATION UNDER HINDU LAW

Marriage is considered as a sacrament in the Hindu religion, implicitly denoting that marriage is permanent and cannot be dissolved. Hindus conceive their marriage as a holy and sacramental tie but not as a contractual union. In older days, the spouses’ consent was not considered since Hindu marriage is ordained as an indispensable Sanskar (sacrament) …

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Breach of Privacy vis-à-vis Special Marriage Act

The Special Marriage Act provides for a special type of marriage, registration and divorce. Marriage between any two persons who serve in any religion or denomination may be solemnized under this Act. As a state law, playing a key role in liberating people from the traditional requirements of marriage, the court ruled that international marriage …

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