Tag: Marriage
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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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Constitutionality of Marital Rape in India: From Law Commission Reports to Substantive Testing
Listen to the article here. In the process of the Delhi High Court on 10 January, 2022 continuing the hearing of petititons on Marital Rape, there is unclarity on its current legal stand. The main contentions raised are on the exemption – II of S.375 of the Indian Penal Code (IPC), and the state failure […]
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Ordinance Criminalising Conversion for Marriage: A Debacle for India
Uttar Pradesh, a state in northern India, has recently promulgated The Prohibition of Unlawful Conversion of Religion Ordinance, 2020, which requires religious conversion to be scrutinised and certified by the state. Conversion to a different faith without the approval of the State will now be a criminal offence. The objective of the Ordinance is to act […]
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Drawing the line between Active and Deliberate Consent and No Consent in cases of Sexual Intercourse on Promise of Marriage
Introduction Under Section 375 IPC[i], Rape has been defined as certain sexual acts when committed on a female, under any of the circumstances mentioned under Section 375 IPC. If you read the section it will be very clear that there is no express provision of consent obtained on pretext of false promise to marry. The […]
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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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