Personal Laws

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Sources of Islamic Law

INTRODUCTION If a  rather reductionist synoptic may be allowed, Islam may perhaps be the comparison between the three Abrahamic sects, placed halfway between what might be considered legalistic Judaism and theological Christianity.[1] That’s because it’s almost unquestioned in modern Islam that it is only lawful to determine the will of God expressed in the Quran …

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UCC VS PERSONAL LAWS

The Uniform Civil Code (UCC) has been a source of debate for the commoners as well as our politicians, regarding whether or not our nation should adopt a common Civil Code instead of attempting to reform our existing personal laws. Nationalists have traditionally been in favour of implementing a Common Civil Code, however, some of …

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R.Srinivas Kumar v R.Shametha: Irretrievable breakdown of marriage

The Supreme Court recently dissolved a marriage by exercising its inherent powers under Article 142 of the Constitution, even as it recognised that there is no statutory law for recognising irretrievable breakdown of marriageas a ground for divorce in India Facts  The disputing parties were married in May, 1993, and the wife conceived out of wedlock …

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Kalyani, Sarla, President, & Ors. V. Union Of India : Case Analysis

In any civilised society, marriage is the main foundation of a family. Once the partners unite in wedlock, the couple gets bound by different responsibilities, duties, liabilities, and obligations, both legal and customary. Marriage, as an institution, serves the public interest in multiple ways. It is indubitably the foundation of every family, which forms the …

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Restitution Of Conjugal Rights: Section 9 Of Hindu Marriage Act

Marriage is considered to be the purest bond between two individuals. It gives them the recognition to be accepted in the society where they come together and live sharing each other’s assets and livelihood they would have earned. Marriage also leads to imposition of rights and duties towards each other which parties are compelled to …

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