Christian Personal Law
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Christian Personal Law
Christian Personal Law or family law regulates Adoption, Divorce, Guardianship, Marriage and Succession in India. The provisions of canon law concerning marriage are recognised as the personal law of Catholics in India (except in the state of Goa). Marriages of Indian Catholics (except in the state of Goa) are regulated by the Indian Christian Marriage Act, 1872. Christian Personal Law is not applicable in the state of Goa. The Goa civil code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that, a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation. Adoption Christians in India can adopt children by resorting to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006 read with the G ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Muslim Women (Protection Of Rights On Divorce) Act 1986
The Muslim Women (Protection of Rights on Divorce) Act was a landmark legislation passed by the parliament of India in 1986 to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husband and to provide for matters connected therewith or incidental thereto. The Act was passed by the Rajiv Gandhi government to nullify the decision in the Shah Bano case. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgement of the Supreme Court. It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973. As per the Act, a divorced Muslim woman is entitled to reasonable and fair provision and maintenance from her former husband, and this should be paid within the period of iddat. According to the Statement of Objects and Reasons of this Act, when a Muslim divorced w ...
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Hindu Marriage Act, 1955
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). Purpose The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions. Applicability Section 2 of the Hindu Marriage Act, 1955 says: This Act applies - to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Sa ...
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The Prohibition Of Child Marriage Act, 2006
The Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. The act forbids child marriages in India. It also protects and provides assistance to the victims of child marriages. In October 2017, the Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then viewed the consummation of marriage with minor wife as legal. Historical background UNICEF defines child marriage as marriage before 18 years of age and considers this practice as violation of human right. Child marriage has been an issue in India for a long time, because of its root in traditional, cultural and religious protection it has been hard battle to fight. According to 2001 census there are 1.5 millions of girls in India under the age of 15 years already married. Some of the harmful consequences of such child marriage are that, child loses opportunities for education and segr ...
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Muslim Personal Law
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the Special Marriage Act, 1954. History No evidence records administration of Muslim personal law until 1206 on the Indian peninsula, even Muslim invasions took place during this period. During the reign of Mamluk dynasty (1206-1290 A.D), Khalji dynasty (1290- 1321), the Tughlaq dynasty (1321-1413), the Lodi dynasty (1451 - 1526) and the Sur dynasty (1539- 1555), the court of Shariat, assisted by the M ...
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Hindu Personal Law
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent Modern Hindu Law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied throughout the country.Kishwar, Madhu (13 August 1994). Codified Hindu Law: Myth and Reality. Economic and Political Weekly, Volume 29, Number 33, pp.2145-2161. Due to discrepancies in opinions of pandits on the same matter, the East India Company began training pandits for its own legal service leading to the setting up of a Sanskrit College in Banaras and Calcutta, to help them arrive at a definitive idea of the Indian legal system. It is from here that the Hindu Personal Law had its beginnings; and more appropriately so in 1772, when Warren Hastings appointed ten Brahmin pandits from Bengal to compile a digest of the Hindu scriptural law in ...
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Personal Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ...
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Kerala
Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Canara, and Thiruvithamkoor. Spread over , Kerala is the 21st largest Indian state by area. It is bordered by Karnataka to the north and northeast, Tamil Nadu to the east and south, and the Lakshadweep Sea to the west. With 33 million inhabitants as per the 2011 census, Kerala is the 13th-largest Indian state by population. It is divided into 14 districts with the capital being Thiruvananthapuram. Malayalam is the most widely spoken language and is also the official language of the state. The Chera dynasty was the first prominent kingdom based in Kerala. The Ay kingdom in the deep south and the Ezhimala kingdom in the north formed the other kingdoms in the early years of the Common Era (CE). The region had been a prominent spic ...
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Kingdom Of Cochin
The Kingdom of Cochin, named after its capital in the city of Kochi (Cochin), was a kingdom in the central part of present-day Kerala state. It commenced at the early part of the 12th century and continued to rule until 1949, when monarchy was abolished by the dominion of India. Historically, the capital of Cochin was in Kodungallur (Cranganore), but in 1341 the capital was moved to Cochin inorder to remedy a disastrous flood. By the early 15th century, Cochin lost its ability to fully defend itself. By the late 15th century, the Cochin kingdom shrank to its minimal extent as a result of invasions by the Zamorin of Calicut. When Portuguese armadas arrived in India, the Kingdom of Cochin had lost its vassals to the Zamorins, including Edapalli and Cranganore, the later of which had even been at the centre of the kingdom historically. Cochin was looking for an opportunity to preserve its independence, which was at risk. King Unni Goda Varma warmly welcomed Pedro Álvares Cabra ...
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Travancore
The Kingdom of Travancore ( /ˈtrævənkɔːr/), also known as the Kingdom of Thiruvithamkoor, was an Indian kingdom from c. 1729 until 1949. It was ruled by the Travancore Royal Family from Padmanabhapuram, and later Thiruvananthapuram. At its zenith, the kingdom covered most of the south of modern-day Kerala ( Idukki, Kottayam, Alappuzha, Pathanamthitta, Kollam, and Thiruvananthapuram districts, and some portions of Ernakulam district), and the southernmost part of modern-day Tamil Nadu (Kanyakumari district and some parts of Tenkasi district) with the Thachudaya Kaimal's enclave of Irinjalakuda Koodalmanikyam temple in the neighbouring Kingdom of Cochin. However Tangasseri area of Kollam city and Anchuthengu near Attingal in Thiruvananthapuram district, were British colonies and were part of the Malabar District until 30 June 1927, and Tirunelveli district from 1 July 1927 onwards. Travancore merged with the erstwhile princely state of Cochin to form Travancore-Cochin i ...
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