Family Law

Table of Contents Types of Divorce Talaq Period of Iddat Khula and Mubaarat Grounds for Decree for Dissolution of Marriage Types of Divorce In Muslim law, there are three kinds of divorce: Talaq- Where the marriage is terminated unilaterally by husband Khula- When proposal to end marriage is made by wife. Mubaraat- Where both the parties mutually decide […]

Table of Contents Concept of Marriage Mahr (Dower) Types of Mahr Comparison: Mahr-i-Misl vs Mahr-i-Musamma Kinds of Marriage CONCEPT OF MARRIAGE A Muslim is someone who follows Islam, a monotheistic Abrahamic religion based on the teachings of the Prophet Muhammad as outlined in the Quran. In Muslim law, marriage is referred to as ‘nikah’. The

Table of Content Judicial Separation Divorce Theories Related to Divorce Grounds of Divorce under Section 13(1) Grounds of Divorce under Section 13(2) Divorce by Mutual Consent JUDICIAL SEPARATION Judicial separation offers a legal alternative to divorce for couples who wish to live apart without formally dissolving their marriage. This legal provision recognizes the desire to

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’

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

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

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

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