R Rajagopala v. State TN (1) The right to privacy is implicitly enshrined in the right to life and liberty guaranteed to citizens of that country by Article 21. It is a “right to be left alone.” A citizen has the right to protect, inter alia, his privacy, that of his family, marriage, procreation, maternity, birth and education. No one can publish anything on the above issues without their consent – whether truthful or not, whether laudable or critical. S.3 Definitions – 1. CUSTOMS AND CUSTOMS – any rule which has been observed continuously and uniformly for a long period of time and which has acquired the force of law among Hindus in any region, tribe, community, group or family. Provided it is – 1. certain 2. Reasonable 3.
Not contrary to public policy 4. When applied to a family, it has not been hired by the family. c) Whole blood – the same father but different women d) Uterine blood – same mother but different fathers f) Fir`s relationship extends to the third generation (including him) in the line of ascension by the mother and the fifth generation by the father. S.9 Testamentary guardian The Hindu father or Hindu widow can appoint such a guardian by will and become their powers – but this will have no effect if the father dies before the mother, but will be revived if the mother dies without will. This guardian will have all the powers of the natural guardian Listen to marriage in the case of a girl S.10- The minor cannot be guardian of another minor S.11- The de facto guardian cannot be with the Bypass the minor`s property p.12. The guardian is not appointed for the undivided interest of a minor in the common family property, but none of this affects the competence of HC S.13- The welfare of the minor is of paramount importance 19- A Hindu, Buddhist, Sikh or Jain is considered his separation from his undivided family. 20. the same rights and impediments in relation to inheritance as persons to whom the Caste and Handicap Elimination Act of 1850 applies. 21. The succession of persons married under this Act is governed by this Act.
21A- If both parties are Hindu, Articles 19 and 21 do not apply and the disability created by Article 20 does not apply either. Meneka Gandhi v. Indira Gandhi – if the marriage of Hindus is solemnly contracted in accordance with this Act, the Hindu Succession Act applies in matters of succession instead of this Act. In this case, too, the issue was the same as in Manish Goyal. A couple separated just two days after their wedding. Where the lower courts refused to uphold this plea. They appealed to the Supreme Court under Article 32 of the Constitution of India. The Supreme Court has stated that Article 32 must be exercised if the parties can prove the violation of their fundamental rights to the satisfaction of the court. The Supreme Court therefore dismissed the petition, citing the same grounds as in the Manish Goyal case, and also reprimanded the parties for disservice to the Family Courts, which complied with the legal requirements of the Hindu Marriage Act, claiming that they violated the fundamental rights of the parties by denying them a divorce.
These notes deal briefly with various aspects of the personal laws of different communities in India regarding marriage and divorce, adoption and alimony, guardianship and surrogacy, etc., as described in the following programme. Hindu and coparcenary common familyEach Hindu family is accepted as a common family – After marriage, a girl ceases to be a member of the common family. She will join Gur Narain Das v Gur Tahal Das v Gur Tahal Das, AIR 1952 SC 225.Sitabai v Ramchandra AIR 1970 SC 343Gowli Buddanna v CIT Mysore AIR 1966 SC 1523 Constitution of India, Article 21 Right to bodily autonomy Right to reproductive autonomy from the perspective of the right to privacy Find a family So many children Right to adopt and adopt a child If a party without The reasonable excuse has been withdrawn from another party`s company, the aggrieved party may apply to the District Court for a ruling on the restoration of matrimonial rights. The burden of proving a reasonable excuse for the resignation rests with the party who resigned. Article 9 does not violate Article 19 of the Indian Constitution – Sumitra Devi v. Narender Singh. No alimony according to iddat in Sharia law is based on situations in which the woman can support herself. Although the divorced wife`s maintenance claim expired at the end of the IDDAT period, the Court found that the general proposals expressed in these statements did not address the particular situation in which the divorced wife was unable to support herself. p.25 – Permanent care and maintenance. This gross amount or the spouse`s monthly income until she remarries. May be modified in case of change of circumstances. It ends with the remarriage of the party who receives the support.
Varsha v Urmila Chand Dhawan v Jawaharlal Dhawan Support under this section is a secondary or secondary remedy for strained marital status due to an order restoring matrimonial rights or legal separation, etc. If there is no judicial intervention under the HMA, a person is entitled to maintenance under section 18 of the Savita Bahen Case S.26 – Custody of Children – taking into account the wishes of the child and his or her best interests. The guard may change from time to time. § 27 – Disposition of property – The court may make any fair and reasonable decision with respect to the common property of both parties. The title of Stridhan always remains with the woman. Breach of trust according to p.406 IPC Rameshchandra v. Rameshwari Yamunabai v. Anant Rao Pratibharani v.
Surat Kumar A Muslim husband is required to make reasonable and fair arrangements for the future of the divorced wife, which of course includes her maintenance. Such a reasonable and fair determination, which extends beyond the IDDAT period, must be made by the husband within the IDDAT period within the meaning of section 3 (i) (a) of the Act. S.2- Notwithstanding any custom or custom to the contrary, in all matters (except agricultural land) relating to legal succession, special property of women, law of persons, marriage, dissolution of marriage, including Talaq, Ila, Lian, Jihar, Khula and Mubarat, maintenance, dowry, guardianship, gifts, trusts, wakfs (with the exception of charitable institutions and religious foundations), the decision rule in cases where the parties are Muslims, Muslim Personal Law / Sharia S.5- Option to be regulated in §§ 125 to 128 StPO. The parties may declare it jointly and severally by means of an affidavit. Specific to surrogacy Prohibition of commercial surrogacy In accordance with the 228th LCI Report Altruistic motive Surrogate mother must be a close parent, her own child and only married Indian Married for at least 5 years One of the couples must be clinically infertile The responsibility of the Muslim husband towards his divorced wife arising from Article 3 (i) (a) of the Act, is not limited to the IDDAT period. Business – Conversion to another religionSarla MudgalLilly Thomas S.2 Reasons why Muslim women can file for divorce – Guardian – A person who has custody of the child or both of the child`s person and property The guardian may be appointed by the will of a child`s parents or by the court (civil or district court). Before granting leave, the court considers the following issues: Child welfare Wishes of the child No reward or consideration for adoption, unless the court can sanction S.2 DefinitionsIddat period means – Three menstrual courses after divorce if she is prone to menstruation Three lunar months after divorce, if she is not prone to menstruation If she is pregnant, until delivery or termination, whichever comes first. Intention-based approach (mother who intended to save the child) Genetic Contribution Test Best interest of the child`s pregnancy-based approach John v Calvert- But for the commissioning couple, the child would not have occurred, so the intended mother has a more natural claim.