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Extra Judicial Confession not to be believed when made to a Stranger
In criminal cases in Tamil Nadu, there are usually particular distinctive feature that the Accused on his own accord makes an extra judicial confession to the Village Administrative Officer, after the incident, but prior to his arrest. In Moorthy vs. State of Tamil Nadu 2023INSC739, this usual feature of making confession before a stranger had…
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Can prosecution under Prevention of Corruption Act continue when delinquent officer is exonerated in Departmental Proceedings?
It is the settled provision position of law that civil and criminal proceedings have an entirely different standard of proof and usually the result of one does not affect the other. However, it is also an established principle of law that the standard of proof required in a civil proceeding is much lower compared to…
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Conversion of Religion as a Ground for divorce under Section 13 of the Hindu Marriage Act
Section 13 of the Hindu Marriage Act provides for granting of divorce on the ground of conversion of religion. If a spouse converts from one religion to another, it gives another spouse matrimonial relief. This conversion should happen through a formal ceremony where that person has to completely relinquish the right of his/her religion. A…
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Know about Islamic Marriage Law in India
What is Nikah? In Arabic, the word ‘Nikah’ (marriage) literally means the union of sexes and in law it means marriage. Chapter IV, Page 8 of the Quran says, “O men fear your Lord, who hath created you out of one man, and out of him hath, created his wife, and from them two hath multiplied…
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Top 5 Legal Points on Hindu Marriage
Who are Hindus? Who are Hindus in India is a controversial question, as religions like Buddhism, Jainism and Sikhism also falls under Hinduism. In other words, people who doesn’t belong to Islam, Christianity and Parsi Can be considered as a Hindu in India. Section 2 of Hindu Marriage Act, 1955 classifies Hindus as: The following…
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Dower
What is Mahr / Dower? Muslim law treats marriage not as a sacrament but as civil contract.The sum of money which the husband pays to the wife as consideration on marriage is referred as Dower. It is executed either by agreement or operation of law (Abdul Kadir v. Salima)[i]. Various jurists have defined Dower as…
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Wills – Inheritance of Property in Hindu Laws
Succession is the process of succeeding or passing of rights of property from one person to another. There are two types of succession in Hindu Law: Testamentary succession Section 30 of the Hindu Succession Act, 1956[i] deals with testamentary succession. As per this section, any Hindu male may dispose of by will or other testamentary…
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CONCEPT OF INTER-COUNTRY ADOPTION
This concept is also known as “Transnational adoption” or “International adoption”. It can be defined as the adoption of a person from a different country. In this scenario, an individual or a couple becomes the legal adoptive parents from a different nation. Intercountry adoption hereinafter referred to as “ICA” involves moving children from one nation…
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ADOPTION UNDER JUVENILE JUSTICE ACT, 2015
There are several legislations for adoption in India and to make this law secular several steps were made but all those attempts remained without any conviction from the legislature. A bill was passed in the year 1972 called the “The adoption of children bill” and it was accepted by all religions except the Muslim community.…
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ADOPTION UNDER THE GUARDIANSHIP AND WARDS ACT, 1890
“Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice”[1] Adoption is a process where parent-child relationships between persons who are not related by birth are established and it is willful. There are different existing…
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