Category: Family Laws
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Domicile of Origin (Ss. 6, 7, 8, and 19 of the Indian Succession Act)
Domicile means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. The domicile is secured of every individual as soon as he/she is born. This domicile may change due to domicile by choice or domicile by the operation of the law. Domicile plays an important…
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Need of Concept of Domicile (Ss. 4 and 5 of the Indian Succession Ac, 1925)
The term ‘Domicile’ is not defined in the constitution. Ordinarily, it means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. A person cannot have more than one domicile. The concept of domicile has been explained by a distinguished American Judge, Oliver Wendell Holmes J,…
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Maintenance Under Muslim Law
The concept of Maintenance under Muslim law was introduced to provide support to those people who are not capable to maintain themselves. The principle of maintenance includes the basic requirement of a person for survival and includes amenities like food, clothing, shelter, education and other necessities of life. ‘Nafaq’ is the term used for maintenance…
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Guardianship Under Muslim Law
Guardianship is the lawful entitlement to supervise the movements and acts of a person who is unable to care for himself and handle his own affairs due to mental flaws, such as an infant, an imbecile, or a lunatic. The welfare of the child plays the most important role in the appointment of the guardian.…
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Acknowledgment of Paternity of Child
Parentage is the relation of parents to their children. The parentage includes maternity and paternity. It is generally used for a legal relationship which the child has with the parents. These legal relationships are associated with certain rights and duties such as rights of inheritance, maintenance, and guardianship. In the most systems of law, maternity is the natural relationship…
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Talaq and its Kinds
The dissolution of Muslim marriage may be done in any one of the following ways: a) By the death of spouse, or b) By the act of the parties; or c) By the judicial process. Divorce by the act of the parties is further classified into a) By the act of husband and b) By…
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Dissolution of Muslim Marriage
In the Islamic Law, a marriage is not a sacrament. It is purely civil contract. The primary object of the marriage is procreation of children. The dissolution of Muslim marriage may be done in any one of the following ways: By the death of spouse. By the Act of the parties; and By the judicial…
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Iddat or Iddah Under Muslim Law
When a marriage is dissolved by death or by divorce, the woman is prohibited from marrying within a specified time. It is a period of continence imposed on the woman. Iddah or Iddat is an Arabic term which means period of waiting and is observed by Muslim women. It is a period of chastity which…
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Prohibitions in Case of Muslim Marriages
In Islam, the marriage between a bride and groom is a legal contract but not sacrament is known as Nikah. It is a matrimonial relation and an institution which legalizes the sexual activities between a male and female for the object of procreation of kids, promotion of love, mutual support and creation of families which are considered…
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Mahr or Dower
In pre-Islamic, Arabia, when the institution of marriage was not developed many forms of sex relationships between man and woman were in vogue. Some were temporary and hardly better than prostitution. Men, after despoiling their wives, often turned them out, absolutely helpless and without any means, the ancient custom to settle certain sums for subsistence…