Category: personal law

Doctrine of Pious Obligation and Antecedent debts: A son’s duty to pay off his father’s debts
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This article has been written by Mansi Tyagi, a student at Symbiosis Law School, Pune. Hindu Undivided Family is a religious yet legal entity. And thus, sons are expected to pay off the debts incurred by their father during his lifetime to ensure him an afterlife without any sins named under his name. The DoctrineRead More

IRRETRIEVABLE BREAKDOWN AS A GROUND FOR DISSOLUTION
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This article is authored by Pankhuri Pankaj, a 3rd-year student pursuing BA-LLB (Hons.) from Vivekananda Institute of Professional Studies, affiliated to GGSIPU. She is currently interning with Lexpeeps. This article summarises certain key provisions of “irretrievable breakdown as a ground for dissolution” under the Hindu Marriage Act and is qualified in its entirety by referenceRead More

Partition and Reunion of Partition under Hindu Law
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This article has been written by Aaditya Kapoor, a law student of Vivekananda Institute of Professional Studies. Through his research, Aaditya has conjured a briefly detailed analysis on the process of partition and reunion of family. Introduction The construct of law is one that is ever-evolving, and that has been the case since the beginningRead More

Mitakshara and Dayabhaga Schools
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This article is written by Deepika, pursuing BA-LLB from IIMT & School of Law, GGSIPU, Delhi. In this article, she has discussed the Mitakshara and Dayabhaga schools of law along with differences between the two. Introduction  In our country, family law does not vary from one state to the other. Every community is governed byRead More

Legitimisation or Criminalisation of Same-Sex Marriages?
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This post is written by Anushree Tadge, a 3rd-year law student of ILS Law College, Pune, she tries to explain briefly how same-sex marriages have evolved, how the institution of marriage anciently embedded in religious texts have been affected and what is the legal status of the same in India as well as other countries.Read More

Judicial Separation: Nature & Grounds
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This article is written by Deepika, pursuing BA-LLB from IIMT & School of Law, GGSIPU, Delhi. In this article concept of Judicial separation and difference between divorce and judicial separation has been discussed. Introduction Marriage, whether considered as a sacrament or a contract gives rise to a status. It confers the status of husband and wifeRead More

Implications of Denying Restitution of Conjugal Rights
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This article has been written by Yash Dodani, a second-year student at NALSAR University of Law. He has tried to explain the implications if restitution of conjural right has been denied by any of the spouse. Introduction Marriage is a very important ritual in the Indian society. It is said that everyone should marry inRead More

Divorces and Lockdown – A direct relationship
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This article has been written by Mansi Tyagi, a student at Symbiosis Law School, Pune. How spending almost all the time together now, is inversely proportional to the happy endings of marital couples is what the current lockdown has been portraying. Thus, in the article here she has tried to bring up the factors leadingRead More

Stridhan and Women’s Estate Under Hindu Law
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This article has been written by Ritesha Das, pursuing BBA LLB (1st year) from Symbiosis Law School Hyderabad. It analyses the spectrums of Stridhan with reference to the section 14 of The Hindu Succession Act, 1956. INTRODUCTION Ancient patriarchal India has witnessed the backlash of equality and empowerment over the course of several decades. ‘TheRead More

Judicial Separation and Divorce under the Hindu Marriage Act, 1955
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When the parties to the marriage want to live separate from each other legally, despite being legally married. They file a plea under section – 10 of the Hindu Marriage Act by which they can formalize a de facto separation while remaining legally married.