Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
Marriage
Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states
“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”
Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed
Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the
Amendments to Rajasthan Compulsory Registration of Marriages Act, 2009 passed by Rajasthan Assembly
On September 17, 2021, the Rajasthan Assembly passed the Compulsory Registration of Marriages (Amendment) Bill, 2021 in order to amend the Rajasthan
Ker HC | Malevolent intention is not essential to cruelty; HC grants divorce on the ground of cruelty for making false allegation of impotency
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that false allegation of impotency amounts to
Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not
Madras High Court: T. Raja, J., in the present matter while considering the long separation of parties for almost a quarter-century, granted
Ker HC | Court allows Malayali couple stuck in Israel to register their marriage in Kerala via video conferencing
Kerala High Court: The Bench of N.Nagresh, J., directed the Local Registrar to register the marriage of couple living in Israel through
Ker HC | Whether a Child born out of a live-in relationship is to be treated as a child born to a married couple? Status of Children in a live-in relationship & mother’s decision to recognize fatherhood of child || High Court unwinds
“The death is not the greatest loss in life. The greatest loss is what one dies inside us while we live.”
P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid
Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for
‘Educated adults choosing their life partners is the way forward to reduce caste and community tensions’; SC comes to the aid of a young couple facing “threats from the elders”
“Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role.”
All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory
“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”
All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer
Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,
Simplified | Madhya Pradesh Freedom of Religion Ordinance, 2020
Governor of Madhya Pradesh promulgates the Madhya Pradesh Freedom of Religion Ordinance, 2020. Purpose of this Ordinance To provide freedom of religion
Read Calcutta HC’s decision on an adult woman’s choice to marry the person of her choice and convert to another religion
Calcutta High Court: The Division Bench of Sanjib Banerjee and Arijit Banerjee, JJ., observed that an adult woman is free to marry the
Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied
Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in
Is Decriminalisation of homosexuality enough?
by Aastha & Aryaman*
HP HC | Whether a daughter upon marriage ceases to be a part of the family for the purpose of seeking compassionate appointment against her deceased father; HC elucidates
Himachal Pradesh High Court: A Division Bench of Sureshwar Thakur and Chander Bhusan Barowalia JJ., while allowing the present petition said, “Marriage
Madras HC | Whether women marrying life convicts are examined by SCW or NCW to ascertain as to whether willingness of marriage has been obtained from women? Court examines
Madras High Court: A Division Bench of N. Kirubakaran and P. Velmurugan, JJ., while addressing the present petition observed that, Court fails to
Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied
Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid
Ker HC | Anticipatory bail granted on basis of love affair between rape accused and victim and their impending marriage
Kerala High Court: P.V. Kunhikrishnan, J., allowed the anticipatory bail application of the applicant-accused in connection with the FIR registered for offence