Table of Contents Meaning of Restitution of Conjugal Rights Section 9 of the Hindu Marriage Act, 1955 Constitutional Validity Essentials of Section 9 Petition by Husband or Wife Withdrawal Without Reasonable Excuse Key Case Laws Meaning of Restitution of Conjugal Rights The second remedy which the spouse has is the restitution of conjugal rights. ‘Restitution’ […]
RESTITUTION OF CONJUGAL RIGHTS Read More »
Matrimonial remedies refer to the remedy which are available to the spouses who are facing issues in the marriage. The remedies permissible under Hindu Marriage Act are classified into two categories: Main Matrimonial remedies – Decree of nullity, restitution of conjugal rights, judicial separation, and divorce. Ancillary Matrimonial remedies – Maintenance, custody and guardianship of
VOID AND VOIDABLE MARRIAGES Read More »
Table of Contents Eight Forms of Marriage in Dharmashastra Validity of Hindu Marriage Solemnization of Marriage Eight Forms of Marriage in Dharmashastra As per Dharmashastra, eight forms of marriage were recognized. Four of them are approved and four are unapproved. If the parties marry according to any of the eight forms, then the marriage can
Marriage under Hindu Marriage act, 1955 Read More »
Table of Contents Section 2: Bare Act Language Important Takeaways Who is a Hindu? Religion of Child Conversion to Hindu Faith Reconversion to Hindu Faith Section 2: Bare Act Language (1) This Act applies—(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat
APPLICATION OF HINDU MARRIAGE ACT, 1955 Read More »
Table of Contents Concept of Family Family Patterns Sources of Hindu Law Schools of Hindu Law Difference between Mitakshara and Dayabhaga Concept of Family The word family is derived from the Latin word “familia/familae” which refers to a group commonly found among plants and animals. In a general sense, it refers to persons living together
Beneficiary is the person for whose benefit the trust is made. A beneficiary is also known as cesstui que trust, i.e., the person who gets the benefit from the trust. Under the Indian Trusts Act, 1882, there are various rights, liabilities, and remedies available to the beneficiary, which are discussed below. Table of Contents Rights
BENEFICIARY UNDER INDIAN TRUST ACT, 1882 Read More »
Table of Contents Appointment of Trustee Appointment by Courts Removal of Trustee Rights of Trustee Duties of Trustee Powers of Trustee Disabilities of Trustee Liability of Trustee Discharge of Trustee Petition for Discharge APPOINTMENT OF TRUSTEE Section 10 of the Indian Trust Act provides that: “A person who is capable to hold the property can
TRUSTEE UNDER INDIAN TRUST ACT, 1882 Read More »
Table of Contents Introduction Section 3 – Interpretation Clause Purpose of Trust (Section 4) Section 5 – Immovable and Movable Trust Creation of Trust (Section 6) Who May Create the Trust (Section 7) Subject of Trust (Section 8) Who May Be Beneficiary (Section 9) Who May Be a Trustee (Section 10) Difference Between Trust and
INDIAN TRUST ACT, 1882- BASICS Read More »
Table of Contents Introduction Specific performance of contract Rectification of Instrument Recission of Contract Cancellation of Contract Injunction Introduction The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. The enumeration of rights and duties must be supplemented by
SPECIFIC RELIEF ACT, 1963 Read More »
Table of Contents Meaning of Equity Definitions of Equity Equity under the Roman Legal System History of Equity in England Equity in India Maxims of Equity Meaning of Equity The term equity basically means fairness and justice. Equity is a legal system for obtaining a fair result when existing laws do not provide solution. It