Personal Law - Law Dictionary Search Results
Home Dictionary Name: personal lawUnder any customary or personal law applicable to parties
Under any customary or personal law applicable to parties, the purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself. The whole scheme of s. 127(3)(b) is manifestly to recognise the substitute maintenance arrangement by lump sum payment organised by the custom of the community or the personal law of the parties. There must be a rational relation between the sum so paid and its potential as provision for main-tenance; to interpret otherwise is to stultify the project. Law is dynamic and its meaning cannot be pedantic but purposeful, Bai Tahira v. A.C. Hussain Fiddali Chathia, (1979) 2 SCC 316: AIR 1979 SC 362 (365). [Criminal Procedure Code, 1973, s. 127(3)(b)]...
Personal law
Personal law, the expression 'personal law' referred to in s. 151 of the Madhya Pradesh Land Revenue Code, comprehends the Hindu Succession Act, 1956, which will, therefore, govern the inheritance to the 'estate' of widow who died on Nov. 6, 1956. Bajya v. Gopikabai, AIR 1978 SC 793 (797): (1978) 2 SCC 542: (1978) 3 SCR 561. (M.P. Land Revenue Code, 1959, s. 151)...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
Son
Son, 'son' as understood in common parlance means a natural son born to a person after marri-age. It is the direct blood relationship which is the essence of the term in which 'son' is usually understood, emphasis being on legitimacy. In legal parlance, however, 'son' has a little wider connotation. It may include not only the natural son but also son's son, namely, the grandchild, and where the personal law permits adoption, it also includes an adopted son. Even illegitimate son may be treated as legitimate, as for example, the 'son' referred to in s. 16 of the Hindu Marriage Act, as originally enacted. Thus the term 'son' itself is a flexible term and may not be limited to the direct descendant. Its true meaning, like the term 'family' discussed above, will depend upon the context in which it is used. K.V., Muthu v. Angamuthu Ammal, AIR 1997 SC 628 (632): (1997) 2 SCC 53.1. A person's male child 2. An immediate male descendant 3. An adopted male child or dependent, Black's Law Dictio...
Dowry
Dowry [dos mulieris, Lat.], otherwise called maritagium, or marriage goods, that which the wife brings the husband in marriage. This word should not be confounded with dower, Co. Litt. 31.Means any property or valuable security given or agreed to be given either directly or indirectly--by one party to a marriage to the other party to the marriage; orby the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2]The word 'dowry' in, s. 304B has to be understood as it is defined in, s. 2 of the Dowry Prohibition Act, 1961. There are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is 'at any time' after the marriage. ...
Father
Father, 'father', in the case of any one whose personal law permits adoption, shall include an adoptive further. [General Clauses Act, 1897 (10 of 1897), s. 3(20)]...
Illicit intercourse
Illicit intercourse, 'illicit intercourse' means sexual intercourse between persons not united by marriage, or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation. [Penal Code, 1860, s. 372, Excep II]...
Mehar
Mehar, Payment of mehar money, as a customary discharge, is within the cognizance of s. 127, Criminal Procedure Code, 1973. The purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself, Bai Tahira v. Ali Hussain Fissalli Chothia, AIR 1979 SC 362 (366): (1979) 2 SCC 316: (1979) 2 SCR 75....
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
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