family-law

Saad Mubeen Gavandi, LL.B., School of Legal Studies (Law), Sanjay Ghodawat University, Kolhapur, Maharashtra, India. Saniya Mohanmadrafik Banadar, LL.B., School of Legal Studies (Law), Sanjay Ghodawat University, Kolhapur, Maharashtra, India. ABSTRACT Marriage (Nikah) is one of the most significant institutions under Mohammedan Law, serving as the foundation of family life and social organization…

Vanshita Sharma, B.A.LL.B. (Hons.), Maharashtra National Law University, Nagpur I. INTRODUCTION “In Hindu Law Marriage was a sacrament, a union an indissoluble union of flesh with flesh, bone with bone to be continued even in the next world.” In Hindu Society, marriage is considered one of the most sacred rites. It is not merely a contractual agreement rather regarded as a lifelong union with dee…

Gaurav Pal, LL.M, School of Law Justice and Governance, Gautam Buddha University, Greater Noida, UP. Dr. Ravi Prakash Rahul, Assistant Professor, School of Law Justice and Governance, Gautam Buddha University, Greater Noida, UP. ABSTRACT This research paper examines the role of a mediator in resolving child custody disputes with reference to the family court in Delhi. Child custody cases are ofte…

Poonam Rawat, Law College Dehradun, Uttaranchal University Prof. Khaleeq Ahemad, Law College Dehradun, Uttaranchal University ABSTRACT The right of maintenance occupies a pivotal position in Indian family law, embodying the State's commitment to ensuring economic justice and dignity for women whose marital relationships break down. The promulgation of the Bharatiya Nagarik Suraksha Sanhita, 2023 …

Parveen Kumar & Dr Divya Gupta ABSTRACT This paper is based on the child rights and protection under the role of family court is focused. Family courts in India occupy a critical position in adjudicating disputes that directly impact the lives, welfare, and future of children. Conceived as specialized forums under the Family Courts Act, 1984, now the concept of nuclear family is emerged. With…

Adv. Afshan Pathan, LL.M, Bharati Vidyapeeth Deemed to be University, New Law College, Pune. Dr. Rashmi Dubey, Research Guide & Assistant Professor, Bharati Vidyapeeth Deemed to be University, New Law College, Pune Dr. Jyoti Dharm, Dean & Vice-Principal, Bharati Vidyapeeth Deemed to be University, New Law College, Pune ABSTRACT Family Court in India undoubtedly has been established to res…

Prajual Agarwal & Sonam Drolia, Birla Global University, Bhubaneshwar ABSTRACT In this article, we analyze how Indian family law views inheritance and succession rights of children born through surrogacy. Although the Surrogacy (Regulation) Act, 2021 provides that intended parents are the lawful guardians by establishing that legal parentage exists from birth of the surrogacy born child, it d…

Mehak Baid, B.Com. LL.B. (Hons.), Jindal Global Law School, Sonipat ABSTRACT One of the most confidential issues in court are custody cases where legalistic arguments tend to conceal the emotional wrath of the children. Historically, the Indian family law had children as passive subjects whose decisions were made based on parental claims and judicial interpretation of welfare. Nonetheless, as con…

Boshavarthini P, Government Law College, Viluppuram வ"#$ன&' காவாதா$ வா+'ைக எ.#$ன& ைவ/01 ேபால' ெக67. - தி"வ9:வ& G.U. Pope's Translation; His joy who guards not against the coming evil day, like straw before the fire shall swiftly consume away. Thirukkural: 435, The Correction of Faults, Wealth ABSTRACT Prenuptial agreements, as pre-marital arrangements regulating the financial rights a…

Janvi Bhati, LLM, IILM University, Noida ABSTRACT Family disputes involving divorce, child custody, maintenance, and property distribution often lead to prolonged litigation, emotional distress, and financial burden for the parties involved. Traditional adversarial court proceedings may intensify conflicts rather than resolve them amicably. In this context, family mediation has emerged as an alte…

Ms. Gyanvi Verma, LLM (Family Law), AIALS, Amity University, Noida, Uttar Pradesh. ABSTRACT India's legal framework addressing domestic violence has evolved significantly since the enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Yet, the distance between legislative intent and lived reality for survivors seeking divorce remains wide. This article examines the struct…

Akshat Meshram, Jagran Lakecity University ABSTRACT The Indian law of alimony, maintenance and adoption reflects an ongoing dialogue between individual faith based customs and the constitutional principles of equality and dignity of humans. The three areas, in as much as they appear to be different, jointly determine the duties of State and society towards individuals, which are post-marital and …

Robert Albon cannot be declared four-year-old’s father because he ran illegal sperm donation business, court rules A prolific unregulated sperm donor described in the high court as a “highly dangerous man” has lost a legal fight to be named as the father of a child conceived using his sperm. Robert Albon, who calls himself Joe Donor, was not entitled to be declared the father of a four-year-old c…

Hema Priyadharshini T, Government Law College, Viluppuram "Should the family courts have these black robes? Is it not going to create a psycho fear in the child or in the mind of a child when we are visualising and conceptualising a new concept for the family courts? Our presiding officers should not sit in court dresses. Members of the Bar should not come in black and white robes," advocating fo…

Aarya Sharan, Amity Law School, Amity University, Patna ABSTRACT The Hindu Marriage Act of 1955 regulates the ending of marriage for a significant portion of India's population within a purely fault- based system, necessitating that a partner pursuing divorce prove a particular matrimonial wrongdoing by the other. The irretrievable breakdown of marriage, despite years of judicial support and two …

Khushboo Rani, Amity Law School, Amity University, Patna ABSTRACT The institution of marriage in India has traditionally been regarded as a sacred and eternal union, deeply rooted in cultural, religious and social norms. However, with the evolution of societal values and the growing recognition of individual rights, the legal framework governing marriage and divorce has undergone remarkable trans…

Ms. Mehjabin Ansari, LLM (Family Law) AIALS, Amity University, Noida, Uttar Pradesh ABSTRACT Child marriage is a phenomenon that persists across cultures, geographies, and legal traditions, yet it sits in irreconcilable tension with the foundational principle of free and informed consent. In Indian law, the Prohibition of Child Marriage Act, 2006 renders child marriages voidable rather than void …

brazil Paternity can be assumed based on allegations (usually brought forth) by the birth mother. The alleged father has two options. Accept the allegation and register the child, or refute it and exercise his right to demand a DNA test. Note that the DNA test is only performed if the alleged father doesn't wish to be added as the father on the birth certificate. The judge can force a DNA test bu…

Love…..it plays a driving force in many aspects of our lives….it also comes with its own set of rules and regulations.  This Valentine’s Day, we are featuring HeinOnline’s blog post titled:  The Fine Print of Love: Uncovering the Not-So Unwritten Rules, which explores some unusual and little-known love laws. All of the facts uncovered are […]

At SSRN, June and July were Pride Month and Law Month respectively. We decided to combine these two topics, and so we reached out to Professor Dara E. Purvis of Penn State University to talk about her work in law and how it relates to pride topics. Dara is a scholar of family law, feminist legal theory, […]