Advanced Search Results

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

Subject : MRTP

amongst Muslims The Holy Quran - with reference to ‘talaq’ Legislation in India, in the field of Muslim ‘personal law’ Abrogation of the practice of ‘talaq-e-biddat’ by legislation, the world over, in Islamic, as well as, non-Islamic States … practice of ‘talaq-e-biddat’, a matter of faith for Muslims?. If yes, whether it is a constituent of their ‘personal law’?. Did the Muslim Personal Law (Shariat) Application Act, 1937 confer statutory status to the subjects regulated by the

Muhammed Shaji vs State of Kerala

Court : Kerala

Appeal No.653/2010), that a Muslim father, who has sufficient means to pay maintenance, has the liability under Muslim personal law to pay maintenance to his major unmarried daughter when she is not able to maintain herself and that … to all communities, would not, in any manner, extinguish, alter, modify or obliterate the liability under the Muslim Personal Law. Accordingly, the learned Single Judge, in the afore referenceorder rendered on 06.12.2022 in this case, has opined that

The State of Bombay Vs. Narasu Appa Mali

Court : Mumbai

Subject : Criminal

Acts : Bombay Prevention of Hindu Bigamous Marriages Act, 1946 - Sections 4, 5, 6, 7 and 9; Constitution of India - Articles 13(1), 13(2), 13(3), 14, 15, 15(1), 25, 25(1), 25(2), 44, 372(1) and 372(2); Indian Penal Code (IPC), 1860 - Sections 494; Government of India Act, 1915 - Sections 112; Government of India Act, 1935 - Sections 292

Reported in : AIR1952Bom84; (1951)53BOMLR779; ILR1951Bom775

Hindu Bigamous Marriages Act is to introduce social reform in respect of a. particular community having its own personal law. The institution of marriage is differently looked upon by the Hindus and the Muslims. Whereas to the former … has then been argued with great ingenuity by Mr. Shah that by reason of the Constitution the Muslim personal law which permits polygamy has become void and therefore the Act has discriminated in applying to Hindus. Article 13(1)

Shama Beg Vs. Khawaja MohiuddIn Ahmed

Court : Delhi

Subject : Family

Acts : Guardian and Wards Act, 1890 - Sections 25; Muslim Personal Law (Shariat) Application Act, 1937 - Sections 2

Reported in : ILR1972Delhi73

of Shariat Law alone were applicable in the present case and according to Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (Act No. Xxvi of 1937) notwithstanding any custom or usage to the contrary, in … property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and

Peter Philip Saldanha Vs. Anne Grace Saldanha

Court : Mumbai

Subject : Family

Reported in : (1930)32BOMLR17

giving our judgments.3. The appellants contend that the civil marriage of June 14, 1928, was forbidden by the personal law of the parties as being contrary to the canons of the Church of Rome. The decision in this … 1872, which is in these terms:-Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.4. The important questions arising therefore

Ahmedabad Women Action Group (Awag) and ors. Vs. Union of India

Court : Supreme Court of India

Subject : Family

Acts : Constitution of India - Articles 13, 14, 15, 21, 25, 26, 27, 32, 33, 38, 39, 44 and 366; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Hindu Succession Act, 1956 - Sections 2(2), 5, 6 and 30; Hindu Marriage Act, 1955; Special Marriage Act, 1954 - Sections 28; Indian Penal Code (IPC), 1860 - Sections 494; Chotanagpur Tenancy Act, 1908; General Clauses Act; Hindu Minority and Guardianship Act - Sections 3(2), 6 and 9; Indian Succession Act, 1925 - Sections 3, 43 and 46; Indian Divoce Act, 1869 - Sections 10 and 34; A.P. Charitable Hindu Religiou and Endowments Act, 1987 - Sections 1 5, 16, 17, 29(5) and 144; Hindu Bigamious Marriages Act, 1946

Reported in : AIR1997SC3614; II(1997)DMC224SC; (1997)3GLR1882; JT1997(3)SC171; 1997(2)SCALE381; (1997)3SCC573; [1997]2SCR389; 1997(1)LC548(SC)

Interest Litigation. In W.P. (C) No. 494/96, the reliefs prayed for are as follows :(a) to declare Muslim Personal Law which allows polygamy as void as offending Articles 14 and 15 of the Constitution ; (b) to declare … allows polygamy as void as offending Articles 14 and 15 of the Constitution ; (b) to declare Muslim Personal Law which enables a Muslim male to give unilateral Talaq to his wife without her consent and without resort

Thilothama Vs. Kunjappan

Court : Kerala

Subject : Criminal

Reported in : 1983CriLJ273

or after the date of the said order, the whole of the sum which under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order.-(i) XX XX XX(ii) in any other … prove the factum of divorce and further show the whole of the sum which under the customary or personal law applicable to the parties was payable at the time of divorce, has bees actually paid.6. The question which

Rukhsana ParvIn Vs. Shaikh Mohomed HusseIn Mohomed Akbar

Court : Mumbai

Subject : Criminal

Reported in : (1977)79BOMLR123; 1977MhLJ231

to receive the maintenance continues until an unmarried divorced wife receives the amount due to her under the personal law or she remarries.4. The wife has now filed this petition under Article 227 of the Constitution of India … that we are dealing expressly with a case of a divorced wife who is governed by her own personal law, namely the Mahomedan Law. Since the Mahomedan law dealing with the right of maintenance of a divorced Muslim

Kumari Ramlali Vs. Mst. Bhagunti Bai and ors.

Court : Madhya Pradesh

Subject : FamilyProperty

Acts : Madhya Pradesh Land Revenue Code, 1954 - Sections 151; Hindu Succession Act, 1956 - Sections 4(2) and 14; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1968MP247; 1968MPLJ672

interest of the tenure-holder Ramnath in the plots devolved after his death on his co-widows according to his personal law; that the 'personal law' spoken of by Section 151 of the Code meant the personal law as it, … Ramnath in the plots devolved after his death on his co-widows according to his personal law; that the 'personal law' spoken of by Section 151 of the Code meant the personal law as it, stood when the Code

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Indian Divorce Act, 1869 - Sections 2, 10, 22 and 26; Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15 , 19(2) to 19(6), 21, 44, 141, 366, 366(10), 372, 372(1), 372(2), 372(3) and 395; Personal Law; Government of India Act, 1935 - Sections 292 and 293; Administrative Law; Constitutional Law; Indian Divorce (Amendment) Act, 1927; Indian Divorce (Amendment) Act, 1948; Indian Divorce (Amendment) Act, 1950; Indian Divorce (Amendment) Act, 1912; Indian Divorce (Amendment) Act, 1926; Indian Divorce (Amendment) Act, 1951; Indian Independence Act, 1947 - Schedule - Article 395; International Law; National Law

Reported in : 1996(4)ALT1138

matter should be appropriately heard by a Division Bench as 'this case raises very important questions touching the personal law of the Christians as contained in 1 he Indian Divorce Act.' The learned Judge also felt that it … made the present reference. The considerations that weighed with the Division Bench were whether the vires of any personal law is available to be tested on the anvil of Part III of the Constitution of India and whether