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DIVORCE: HINDU vs MUSLIM

  Written by- Divyanshu Raj Singh  Occupation- Student (BALLB-III) College- Yashwantrao Chavan Law College, Pune "Marriage is not for individual happiness, but for the welfare of the nation and the caste" ~Swami Vivekananda Introduction In Kautilya's Arthashatra', marriage may be broken up by common consent on account of the unapproved type of marriage. Manu is not convinced that the marriage should be discontinued and is not concerned with the discontinuance of marriage. He declares that "reciprocal loyalty may continue until death"; according to him, this is the highest dharma of the husband and wife. Even after death, a women's obligation continues. She should never have a second husband. Divorce is the end of all marital relationships between spouses. It is the legal dissolution of a marriage by a court. After divorce spouses can no longer be husband and wife. As we know that in ancient India there no such type of concept of divorce exists. In Hindu

Child Marriage in India

Written by- Runit Rathod  Child marriage is a serious issue in India, where a large number of  children, mostly girls, are married off before the legal age of marriage.  According to the latest data available from the National Family Health  Survey (NFHS-5), 2019-20, about 30% of women aged 20-24 years were married  before the age of 18 in India. Child marriage is prevalent in both rural and urban areas, but it is more  prevalent in rural areas. Poverty, lack of education, and social norms that  prioritize early marriage for girls are some of the main factors  contributing to child marriage in India. Child marriage has serious consequences for the health and well-being of  girls. Girls who marry at a young age are more likely to drop out of  school, suffer from domestic violence, have poor health outcomes, and have  fewer economic opportunities. Child marriage also perpetuates the cycle of  poverty, as girls who marry young are more likely to have children at a  young age and have a hi

Wiretapping concerns

Written by - Ayush Shrivastav Introduction Wiretapping, also known as electronic eavesdropping, refers to the practice of intercepting or listening to telephone conversations, voicemail messages, or other electronic communications without the knowledge or consent of the parties involved. The term "wiretapping" originated from the practice of tapping into telegraph wires in the late 19th century. Today, wiretapping is commonly used by law enforcement agencies to investigate criminal activity, but it also raises ethical and legal concerns regarding privacy and civil liberties.  The History of Wiretapping Wiretapping has a long and controversial history. It first came to public attention in the early 20th century when law enforcement agencies began using wiretapping as a tool for investigating organized crime. In 1928, the U.S. Supreme Court ruled in Olmstead v. United States that wiretapping was not a violation of the Fourth Amendment's prohibition against unreasonable sear

Process of filing Partition Suit in India

  Written by - Soumya singh What is partition The term ‘partition’ implies to divide the portion of a whole. Partition for the most part implies a division which means to deliver a portion of something to somebody. Alternatively, to divide an entirety into portions, each of which would be separate and having its different existence is called Partition. What are the ways of partition in India? A partition can be effectuated in the following ways: Partition Deed Family Settlement Instituting a suit In a Partition Deed, partition occurs by mutual consent amongst the co-owners. It is required that the partition deed is executed on a stamp paper and registered with the sub-registrar’s office. A legal and binding effect is given to the deed by its registration. An agreement between the family members through negotiation and talking is reached. This is done to prevent any disputes in court and to divide the family property peacefully. Family Settlement: A settlement agreement is drawn in the

Judical Delay

Written by - Sourav Rajput  Introduction The preamble of the Indian constitution has placed justice- social, economic and political on the highest pedestal above all other basic structures. Delay of justice is not the simple postponement of an action over some time but in its judicial meaning, it is an action in a process that has irreversible long-term consequences. This process with the progress of time slowly stealthily and silently kills justice. When we look into the facts as of 15 September 2021, there were around 4.5 crore pending cases across all courts in India, especially in the district and subordinate courts. In 2019, there were 3.3 crore pending cases this shows that in the last two years, India has added 23 cases every minute to its pendency. The total number of pending cases in the Supreme court of India is 71411 as of 2nd august, 2022 out of which 56365 are civil matters and 15,076 are criminal matters. This issue is raising serious problems. The question is how are we

Legal awareness and developing information technology

Written by - Dibya Prakash Panigrahi Today we are living at the most interesting point of human civilisation. this age embarks the development of sophisticated scientific technologies as well as various breakthrough in many field whether it may be scientific or social. Man has started the space exploration only a few decades ago and within such a short time it has landed on the moon and already set his eyes on other planets of our solar system. The most essential and significant development was at the information technology. Today people are more connected with each other than they were before a decade. this rapid growth and innovations is quite exhilarating to witness. Today it is quite rare that a person to remain virtually untouched. In the contemporary society technology plays a very crucial role in our day to day life. We are growing more dependent towards the technology. The presence of the people in the cyberspace is more then ever. With the eyes extending cyberspace new avenues

How to Send a Legal Notice in India

  Written by - Anupam Jain In today’s world, it is essential to have a system in place for properly handling any legal issues that may arise. This is why it is important to be aware of the different ways that you can send legal notices in India. Here are three of the most common methods that you can use to send legal notices in India. 1. What is a legal notice? A legal notice is an announcement or notification made in writing to another person with the intent of inducing that person to do or refrain from doing something. It can be used in a number of ways, such as to warn a person of a pending legal proceeding, to demand payment, or to request the return of something. When sending a legal notice, it's important to be clear and concise. Make sure to title the notice accurately, include the date it was sent, and include the names of the people who received it. You also should include a copy of the document itself. If you have any questions about sending a legal notice, don't hesi

Is Weed or Marijuana Legal in India?

  Written by - Manas tiwari Do you understand your legal rights in case you are possessing Cannabis? Understand the permissible limits of possession and how the law impacts you. Read and understand the legality of weed or marijuana usage in India. Is Weed legal in India? Weed, marijuana, bhang, charas, ganja and so on, cannabis in India has been given numerous names and forms over thousands of years. Cannabis has been a part of India, specifically in the Hindu religion, used in the form of charas (resin), bhang (seeds), and ganja (flower of cannabis).   The most commonly used form of cannabis in India is in the form of bhang used to make 'Thandai', a milkshake laced with cannabis seeds and leaves, consumed on Hindu festivals of Holi and Shivratri, the Sikh festival of Hola Mohalla, and other festive forms. However, Is weed legal in India? is the primary question that still comes up whenever someone mentions weed, marijuana or bhang. What does the law say about Weed or Marijuana

Power of Supreme Court to review its Own Judgment

  Written by - Abhinash Tripathi SCOTUS, the final arbiter of the Constitution The Supreme Court is the final arbiter of the Constitution. This means that, no matter what the lower courts may rule, the Supreme Court will ultimately determine the fate of the law. This is especially important in cases that involve the interpretation of the Constitution. The Supreme Court is made up of nine justices, who are appointed by the president and confirmed by the senate. The Constitution protects the right to a trial by jury and the right to bear arms, among other important rights. In this blog post, we will be discussing the history of the Supreme Court, the important cases that have been heard by the Supreme Court, and the likely future of the Supreme Court. 1. The duties of the Supreme Court The Supreme Court is the final arbiter of the Constitution. It is a five-member body tasked with reviewing cases and issuing rulings on the constitutionality of laws. The court is also responsible for inte

Indian social justice : A myth

  Written by - Nishant Agrawal Introduction Social justice is a term that is often used to describe the principle that people who are disadvantaged or oppressed by society should be treated equally. This is a lofty ideal, and one that many people feel is necessary in order to create a just society. However, is social justice really a myth? In this post, we will be looking at the idea of social justice from an Indian perspective. We will be discussing the concept of caste, and how it has negatively impacted the lives of millions of people. We will also be examining the way that the Indian government has failed to provide social justice to its citizens. We will conclude by asking the question: is social justice really a myth?  India's Social Justice Movement: Origins and Evolution The social justice movement in India has been the topic of much debate and discussion. The term "social justice" has been used to describe a wide range of different ideologies, from those who beli