“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock. We have given deep thought to the matter. The second marriage of the […]Read more "Second Marriages and Child Custody"
“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]Read more "Masterly Concubinage II"
I was born on a 5th February. This is my Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in The Sabarimala Temple Case, before answering the question posed, thought it is necessary to cover the ground that has been covered by previous decisions of the SC on the […]Read more "Article No. 502: The Revival of Ray VII"
Friendships & Rivalries, Losses & Victories never have an end – only a beginning. Spectacular Judges of the Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with the surety of a pendulum clock, tick tock. We remember: in Puttaswamy, [Writ Petition […]Read more "The Last Word"
Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]Read more "#The377Debate II : 06.09.2018"
Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]Read more "A Mensa Et Thoro"
Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]Read more "इसकी टोपी उसके सर्र: Section 5(1) + Section 15 of The Hindu Marriage Act"