Category: Marriage and family
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Nata Vivah (Marriage) and Maintenance related issues under Section 125 CrPC
What is Nata Vivah According to this custom, in some tribes the woman (wife) can leave her husband and live with another man. This is called Nata. No formal rituals have to be done in this. There is only mutual consent. This practice is prevalent even today in many tribal communities in Rajasthan. This practice…
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Power of Civil Courts to grant Injunction to Restrain one spouse from entering into Second Marriage
One of the issues that is regularly encountered before the Civil Court and Family Court in Matrimonial Disputes is “Whether they have jurisdiction to grant an injunction in favour of a spouse to restrain the other spouse from entering into a second marriage, and if the court has jurisdiction than from where this power flows?”…
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Consummation of Marriage, Not as easy as you think: Analyzing Non-consummation as a ground to annul Marriage
In today’s society you will find many couples desperate to annul (putting an end) their marriage on the basis that it had not been consummated. Britney Spears hit the headlines a few years back for annulling her Vegas wedding on the same grounds. Consummation has long been a crucial part of marriage. In many countries…
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Re-examining the Marital Rape Exemption
“The study of inequality” should be concerned with power at its extremities, in its ultimate destinations, with those points where it becomes capillary.” M. FOUCAULT The existence of marital exemption in today’s laws indicates an acceptance of the archaic power relations and the marriage contract as an entitlement to sex. In general, marital rape has…
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“Marry me later” – On the proposed marriageable age for Indian women
INTRODUCTION Women’s legal age to marry has always been a matter of great concern in India over the past few decades. After the adoption of the Indian constitution in 1950, the Child Marriage Act has undergone various modifications. Since 1978, the minimum legal age for marriage has been 18 for women and 21 for men…
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“Restitution of Conjugal Rights OR Deprivation of Privacy Rights”?
Marriage is defined as “the civil status, condition, or relation of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex”[1]. Marriage is the union of a man and woman…
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