What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained
1 year, 3 months ago

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained

The Hindu  

The story so far: Affirming the fundamental right to choose one’s life partner, the Supreme Court on August 28 held that ‘self-respect’ marriages or ‘suyamariyathai’ under Section 7 of the Hindu Marriage Act, 1955, do not need public solemnisation or declarations, setting aside a May 2023 Madras High Court judgement. In doing so, a Bench comprising Justices S. Ravindra Bhat and Aravind Kumar overruled the 2014 judgment of the Madras High Court in S. Balakrishnan Pandiyan v. Inspector of Police, which held that marriages performed by advocates are not valid and that such self-respect marriages cannot be solemnised in secrecy. The Court was adjudicating a habeas corpus petition filed by one Ilavarasan claiming that his 20-year-old wife was forcibly kept under detention by her parents although they had married in the presence of advocates and office bearers of the Trade Union, under Section 7-A of the Hindu Marriage Act, following which a self-respect marriage certificate was also issued. Public solemnisation violates Article 21 A Bench comprising Justices S Ravindra Bhat and Aravind Kumar overruled the Madras High Court’s ruling in S. Balakrishnan Pandiyan and observed that self-respect marriages do not require any public solemnisation or declaration.

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History of this topic

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court
5 months, 3 weeks ago

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that the right to marry a person of one's own wish is a fundamental right.The development came while hearing a protection plea of a couple who stated to have legally married each other and apprehended threats from their relatives.Justice Kuldeep Tiwari observed, “To marry a person of one's own choice, is the …

Bizarre judgment: On the Madhya Pradesh High Court’s order
6 months, 2 weeks ago

Bizarre judgment: On the Madhya Pradesh High Court’s order

The Hindu  

It is an old principle that ignorance of law is no excuse. The Madhya Pradesh High Court’s order ruling declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act, 1954, reflects an incredible misunderstanding of the law. …

Marriage, a chaotic construct!
6 months, 3 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
7 months, 3 weeks ago

SC highlights cultural, legal significance of wedding ceremonies in Indian society

Hindustan Times  

New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance. It added: “We urge young men and women to think deeply about the institution of marriage even …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
8 months, 2 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
9 months, 2 weeks ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed
10 months, 1 week ago

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed

Hindustan Times  

Uttarakhand's Uniform Civil Code bill, recently passed by the state assembly session, has been a subject of intense discussion. While criminal laws apply to all Indian citizens without regard to religion, caste, race, or creed, distinct religious communities are governed by independent religious laws known as personal laws in case of civil matters such as marriage, divorce, maintenance, guardianship, succession, …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
10 months, 4 weeks ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
1 year ago

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Live Law  

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. “…The respondents cannot refuse to register the marriage of the petitioners only because the petitioner No.2 is a foreigner and is not a citizen of …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 2 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 2 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

A milestone in Hindu marriage reform in India
1 year, 2 months ago

A milestone in Hindu marriage reform in India

The Hindu  

Nearly 56 years after the enactment of the Hindu Marriage Act 1967, young Illavarasan, from Tamil Nadu, never thought that his Suyamariyathai marriage that was performed and validated under this Act could be invalidated and criminalised by the same Madras High Court which, in 1953, in Chidambaram Chettiar vs Deivanai Achi, had declared such marriages to be null and void …

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
1 year, 3 months ago

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Live Law  

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 3 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

From the India Today archives (2022) | How a Uniform Civil Code could impact marriages
1 year, 5 months ago

From the India Today archives (2022) | How a Uniform Civil Code could impact marriages

India Today  

On April 22, Union home minister Amit Shah, while addressing a BJP meeting in Bhopal, reportedly told his colleagues that it was time to focus on the Uniform Civil Code. IMPACT OF UCC ON MARRIAGES A common law can fix minimum legal age for marriage, abolish bigamy and polygamy and encourage interfaith marriages 1. Special provisions the UCC may abolish …

What is Hindu Marriage Act and its relevance: Details here
1 year, 5 months ago

What is Hindu Marriage Act and its relevance: Details here

India TV News  

The Hindu Marriage Act was passed in 1955 and designed to protect the rights of the Hindu bride and groom tied together by the holy bond of marriage. The Supreme Court observed that a Hindu marriage cannot be termed conclusive in the "absence of a valid ceremony" under the Hindu Marriage Act. What is Hindu Marriage Act | Key takeaways …

Strike a fine balance, have a just civil code
1 year, 6 months ago

Strike a fine balance, have a just civil code

The Hindu  

June 24, 2023 12:16 am | Updated 10:30 am IST On June 14, the Law Commission of India decided to solicit views and proposals from the public about the Uniform Civil Code. Even reformed Hindu Personal Law under the Hindu Marriage Act, 1955 does insist on solemnisation of marriage, through saptapadi and datta. Surprisingly when two Hindus marry under the …

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India
1 year, 6 months ago

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India

News 18  

The Law Commission on Wednesday initiated a fresh consultation process on uniform civil code by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue. For example, Hindu personal laws are governed by the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and others. It’s important to note that the Hindu Marriage …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 7 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

Marriage for all, even if for a few
1 year, 7 months ago

Marriage for all, even if for a few

The Hindu  

In a reality show, “Fabulous Lives of Bollywood Wives”, Sima Taparia of the series, “Indian Matchmaking”, was asked about the possibility of matching for queer couples. Even as season three of her show dropped, the Supreme Court began hearing the case for marriage equality within the ambit of the Special Marriage Act. If the court rules in favour of expanding …

Govt on same-sex marriage: ‘Seeking recognition of relationship not fundamental’
1 year, 7 months ago

Govt on same-sex marriage: ‘Seeking recognition of relationship not fundamental’

Live Mint  

The Supreme Court of India has been hearing arguments in context with granting legal sanction to same-sex marriage. During the hearing, Solicitor General representing the Central Government stated that there is ‘ no fundamental right in seeking recognition of a relationship as a marriage’. “Right to love, right to cohabit, right to choose a partner, right to have a sexual …

SMA rules must be reconsidered
1 year, 8 months ago

SMA rules must be reconsidered

Hindustan Times  

The fractious question of interfaith relationships was first legislated in India in the second half of the 19th century as sweeping reformist movements such as Brahmo Samaj petitioned the British government to find a path forward for couples separated by religion, and the diktat of their strict customary laws. From the swirling debate around the reformation of the Hindu personal …

An extract from Manoj Mitta’s Caste Pride: Fight for self-respect
1 year, 8 months ago

An extract from Manoj Mitta’s Caste Pride: Fight for self-respect

The Hindu  

In the 1880s, a radical form of wedding took place in the Bombay Presidency, which did away with any kind of Brahmin priest. ‘Non-conforming marriage’ In this fraught environment, Rajaji’s governement drafted a bill in response to the High Court verdict on marriage. In another sharp deviation from Rajaji’s plan, the Centre suggested ‘limiting the application of that formality to …

Inter-faith couples face harassment, threats and violence: Madhya Pradesh High Court
1 year, 8 months ago

Inter-faith couples face harassment, threats and violence: Madhya Pradesh High Court

The Hindu  

Holding that “the societal opposition to interreligion marriage often makes it difficult for couples to exercise their legal rights”, the Indore Bench of the Madhya Pradesh High Court on April 18 quashed a three-year-old case of cheating against a married couple from Ujjain and the manager of a temple where their marriage was performed. Emphasising on the harassment faced by …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 8 months ago

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

Hindustan Times  

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. “The State should come forward and provide recognition to same-sex marriage,” senior advocate Mukul Rohatgi. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar …

DCPCR Supports Marriage Equality Petitions In Supreme Court; Says Govt Should Create Awareness That Same Sex Families Are Normal
1 year, 8 months ago

DCPCR Supports Marriage Equality Petitions In Supreme Court; Says Govt Should Create Awareness That Same Sex Families Are Normal

Live Law  

The Delhi Commission for Protection of Child Rights has filed an intervention application in the pleas seeking legal recognition of same-sex marriage in India. While stating that the officials of DCPCR have a total of 15 years of collective experience in dealing with issues pertaining child rights, the application contends that the DCPCR - a statutory body under the Commission …

A case for marriage equality
1 year, 8 months ago

A case for marriage equality

The Hindu  

On March 12, the Centre filed an affidavit in the Supreme Court frowning upon same-sex marriage. More than 20 retired judges issued a statement saying that legalisation of same-sex marriage will “strike at the very root of the family system” and that “such a sensitive issue concerning the society at large be debated in the Parliament and State Legislature as …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 8 months ago

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction

The Hindu  

A five-judge bench of the Supreme Court is set to hear the petitions on April 18, 2023. It is then upon the aggrieved members of society, the victims of the current marriage regime, to go to court and say the laws as they stand today are violative of the Constitution, and therefore the court is absolutely the right forum for …

Explained | What is India’s stand on same-sex marriage?
1 year, 9 months ago

Explained | What is India’s stand on same-sex marriage?

The Hindu  

The story so far: On March 13, a Bench led by Chief Justice of India D.Y. The Courts, leaning on Article 21 that guarantees the right to life and liberty, have time and again ruled in favour of inter-faith and inter-caste marriages, directing the police and other rights organisations to give them protection when they were threatened by parents or …

Same-sex marriage to be legal in India? Here’s what Supreme Court said
1 year, 9 months ago

Same-sex marriage to be legal in India? Here’s what Supreme Court said

Live Mint  

The Supreme Court of India on heard the arguments on the plea seeking legal validation of same-sex marriages in India. The Supreme Court noted that legalising same sex marriage in India is a ‘seminal Issue’ and noted that a constitution bench of five judges would further make a decision on the plea. “Issue concerning same-sex marriages is of seminal importance …

Same-sex marriages will wreak havoc: Govt in SC
1 year, 9 months ago

Same-sex marriages will wreak havoc: Govt in SC

Hindustan Times  

Legal validation of same-sex marital unions will cause “complete havoc” with the delicate balance of personal laws in the country and in accepted societal values, the Union government told the Supreme Court in an affidavit filed on Sunday, adding that the legislative policy in India recognises marriage as a bond only between a biological man and a biological woman. HT …

Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values
1 year, 9 months ago

Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values

Firstpost  

New Delhi: The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values. The Centre said, “It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot …

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court
1 year, 10 months ago

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court

The Hindu  

The Delhi High Court on Monday sent a batch of petitions seeking recognition of same-sex marriages under various laws to the Supreme Court. On January 6, the top court transferred to itself petitions pending in various High Courts seeking legal recognition of same-sex marriages. The High Court was seized of eight separate petitions by same-sex couples seeking a declaration recognising …

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws
2 years ago

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws

News 18  

The video clip of two twin women marrying a man in Maharashtra made headlines yesterday. There is the Hindu Marriage Act from 1955 for Hindus, the Muslim Personal Law Application Act 1937 for Muslims, the Indian Christian Marriage Act 1872 for Christians, and the Parsi Marriage and Divorce Act 1936 for Parsis. According to a report by Indian Kanoon, “any …

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court
2 years, 2 months ago

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court

Live Law  

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages Rules, 2008. Government Pleader, Advocate K M Faisal relying on the Kerala High Court decision in the case of Sabu K. Eliyas v. State of Kerala and others, submitted that …

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC
2 years, 2 months ago

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC

Live Law  

A Constitution Bench of the Supreme Court on Wednesday began hearing a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 3 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 8 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court
2 years, 8 months ago

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court

Live Law  

The Uttar Pradesh Government last week opposed the recognition of same-sex marriage on the ground that such marriages are against Indian culture and Indic religions and shall be invalid according to Indian laws, which have been designed keeping in mind the concept/existence of a man and a woman.The submission was made before the Bench of Justice Shekhar Kumar Yadav which …

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast
2 years, 10 months ago

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast

The Hindu  

In February 2019, a petition was filed in the Supreme Court, challenging Section 9 of the Hindu Marriage Act, 1955. The petition challenging this law, titled Ojaswa Pathak vs Union of India, was last heard on July 8, 2021 and has been pending since then, with the Supreme Court website showing no further dates. Meanwhile, adding another twist to the …

Plea on conjugal rights pending in Supreme Court
2 years, 11 months ago

Plea on conjugal rights pending in Supreme Court

The Hindu  

A petition questioning a law that forces a woman to return to her husband and denies her sexual autonomy has been pending in the Supreme Court for months without a hearing. Provisions of restitution of conjugal rights like Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act empower a husband or a wife to …

The Prohibition of Child Marriage (Amendment) Bill has a flawed notion of gender justice
2 years, 11 months ago

The Prohibition of Child Marriage (Amendment) Bill has a flawed notion of gender justice

The Hindu  

It has become a habit of sorts for the National Democratic Alliance government to usher in legislation that either no one wants or that defies logic. Therefore, there has been a steady increase in enrolment in higher education by women even when the legal age of marriage was set at 18. If 40.8 per cent women were married off before …

Age and marriage: The Hindu Editorial on raising the age of marriage for women
3 years ago

Age and marriage: The Hindu Editorial on raising the age of marriage for women

The Hindu  

Good intent does not guarantee favourable outcomes. In her Budget speech last year, Finance Nirmala Sitharaman had announced that the Government would set up a task force to look into the age of a girl entering motherhood with an aim to lower maternal mortality rates, improve nutrition levels as well as ensure opportunities to women to pursue higher education and …

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court
3 years ago

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court

Live Law  

An NGO namely Sewa Nyaya Utthan Foundation has moved the Delhi High Court seeking to intervene in the plea filed for registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1956.At he outset, the application filed through Advocate Shashank Shekhar Jha states that approval with regards to same sex marriage under Hindu Marriage Act and not in other …

Same-sex marriage: social attitudes rooted in conservatism
3 years ago

Same-sex marriage: social attitudes rooted in conservatism

The Hindu  

IT is three years since homosexuality was decriminalised in India, but public morality around same-sex relationships continues to be a thorny issue. During the hearing of the plea, Joydeep and Russell’s Advocate, Karuna Nundy, reasoned that since Section 7A of the Citizenship Act, 1955, does not distinguish between heterosexual, same-sex or queer spouses, a person married to an overseas citizen …

Customary Divorces under Hindu Law
3 years, 4 months ago

Customary Divorces under Hindu Law

Live Law  

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. The Delhi High Court, while upholding the precedence of Section 29, held that "The opening words of this Sub-section viz 29 "Nothing contained in this Act shall be deemed to affect any right" leave …

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
3 years, 5 months ago

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code

Live Law  

Observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', the Delhi High Court on Wednesday expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing. Justice Pratibha M Singh observed, "In modern Indian society which is …

'Important' : Supreme Court Seeks Centre's Affidavit In Challenge To Provisions On Restitution Of Conjugal Rights
3 years, 5 months ago

'Important' : Supreme Court Seeks Centre's Affidavit In Challenge To Provisions On Restitution Of Conjugal Rights

Live Law  

While adjourning the hearing to July 22, Supreme Court on Thursday granted two weeks time to the Union of India to file its counter affidavit in the plea filed challenging the provisions dealing with restitution of conjugal rights.A bench comprising Justice RF Nariman, Justice KM Joseph and Justice BR Gavai adjourned the matter for two weeks after ASG Aishwarya Bhati, …

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