preloader image

Loading...

The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

News: Personal Laws

  • Home
  • Article 25 does not include right to convert

Latest news on proceedings and judgements for cases of domestic disputes, divore, guardianship and more.

Image

29/11/2022, 6 months ago

Article 25 does not include right to convert

According to the Central government, there is no fundamental right to convert people under the Constitution's protections for the free exercise and spread of all religions.

Image

25/11/2022, 6 months ago

Plea to make special marriage act gender neutral

Another pair has filed a PIL with the Supreme Court asking for recognition of the fundamental right to marry anyone one chooses, irrespective of gender identity and sexual orientation, for all members of the LGTBQ+ community.

Image

01/11/2022, 7 months ago

Karnataka HC maintains POCSO Act overrides Muslim personal law husband liable for sex with minor Muslim wife

The Karnataka High Court has recently held that the Protection of Children from Sexual Offences (POCSO) Act overrides Muslim personal law with respect to the age of consent for sex and hence, sex after marriage with minor Muslim girl would not be exempted from POCSO Single-judge Justice Rajendra Badamikar rejected the argument that under Muslim law, a minor girl can marry once she attains 15 years and, hence, no offence under POCSO Act or Child Marriage Restraint Act would be made out against husband if such minor Muslim wife becomes pregnant.

Image

31/10/2022, 7 months ago

Supreme Court Deems Two Finger Test for Rape “Patriarchal” and “Sexist” Condemns it and Imposes penalty

Marking an important progressive step, the Supreme Court of India on Monday has prohibited the use of the inhumane 'two-finger test' in cases of rape and sexual assaults.  Stating it was 'regrettable' that such practice continued, the Supreme Court bench of Justice DY Chandrachud and Justice Hima Kohli observed that,

Image

22/10/2022, 7 months ago

Central Government request SC to dismiss the plea by BJP leader on Uniform Civil Code

The Bharatiya Janata Party (BJP) spokesperson and lawyer Ashwini Kumar Upadhyay filed a petition with the Supreme Court asking for uniform grounds and rules for divorce as well as for adoption and guardianship for all communities nationwide. The Central government rejected the petition. The government claimed in an affidavit submitted to the Supreme Court that […]

Image

18/10/2022, 7 months ago

Bombay HC: The Res Judicata Principle Applies to Children Claiming Property Through Parent who were Previously Involved in Property Suit

The Bombay High Court recently upheld a trial court’s decision to dismiss a partition claim, invoking the res judicata principle. The plaintiff had claimed the assets through his mother; however, the issue had been decided in an earlier litigation filed by his mother for the identical properties. The second appeal was denied by Justice S. […]

Image

17/10/2022, 8 months ago

Notice issued by SC upon plea filed by NCPCR over validity of marriage of a minor Muslim girl

The Supreme Court on Monday issued notice on the petition filed by the National Commission for the Protection of Child Rights (NCPCR) challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage. A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka appointed Senior […]

Image

15/10/2022, 8 months ago

Expert to the Delhi High Court: Copyright Owners’ Rights Must Be Balanced with Society’s Right to Use Music in Marriage Ceremonies

Dr. Arul George Scaria, who was appointed as an independent expert on the legal issue of the use of music in marriages, informed the Delhi High Court that, in accordance with Section 52(1)(za) of the Copyright Act, 1957, a proper balance must be struck between the rights of copyright owners and the rights of users or society through limitations and exceptions.

Image

15/10/2022, 8 months ago

High Court has ruled that the AP government cannot take over the Ahobilam Mutt Temple: Violation of Article 26(d)

The Andhra Pradesh High Court ruled that the State's decision to appoint an 'Executive Officer' to control and manage the business of the Ahobilam Temple in Kurnool violates Article 26(d) of the Constitution and interferes with the Mathadipathis' right of administration. The division bench of Chief Justice Prashant Kumar Mishra and Justice DVSS Somayajulu made it absolutely clear that the Temple is a component of the Ahobilam Math in Tamil N?du.

1 2

The Legal Affair © 2023 Privacy PolicyTerms & Conditions