RIGHTS OF COPARCENERS

RIGHTS OF COPARCENERS

As already stated above, coparceners are the four generations including the common ancestor in unbroken male descent and after the commencement of Hindu Succession (Amendment) Act, 2005, even a daughter of a coparcener may become a coparcener in her own right in the same manner as the son. The following are the rights of a […]

MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY

MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY

Maintenance pendente lite Section 24 of Hindu Marriage Act makes provision for interim maintenance and expenses of proceedings. It confers on the court, the power to grant interim maintenance and expenses of the proceedings to either spouse who does not have independent income to provide for his or her support. It can be claimed in […]

IRRETRIEVABLE BREAKDOWN OF MARRIAGE

IRRETRIEVABLE BREAKDOWN OF MARRIAGE

“Irretrievable breakdown of marriage’ means the situation that exists when either or both spouses are no longer able or willing to live with each other, thereby destroying  their matrimonial relationship with no hope of resumption of spousal duties. Irretrievable breakdown of marriage has not been included in Hindu Marriage Act, 1955 as a ground for […]

DIVORCE BY MUTUAL CONSENT

DIVORCE BY MUTUAL CONSENT

After the enactment of Marriage Laws (Amendment) Act, 1976, divorce can also be obtained by mutual consent of the parties to marriage. According to Section 13-B of the Act, such a petition is required to be moved by the parties to marriage on the ground that they have been living separately for a period of […]

DESERTION AS A GROUND OF DIVORCE

DESERTION AS A GROUND OF DIVORCE

Desertion as a ground of divorce is given under Section 13(1)(ib) of Hindu Marriage Act, 1955. According to this section the decree of divorce can be granted if one party has deserted the other party for a continuous period of not less than two years immediately preceding the presentation of the petition. According to Explanation […]

NATURE OF MARRIAGE AFTER HINDU MARRIAGE ACT

NATURE OF MARRIAGE AFTER HINDU MARRIAGE ACT

Cruelty as a ground of divorce is incorporated in Section 13(1)(ia) of Hindu Marriage Act, 1955. Cruelty was not a ground for divorce prior to the Amendment Act of 1976. It was merely a ground for judicial separation. The term ‘cruelty’ is not defined in the Act.  It was for the first time defined in […]

TEST IDENTIFICATION PARADE

TEST IDENTIFICATION PARADE

Test identification parade of the accused is provided under Section 54A of the Code of Criminal Procedure which was added by Amendment of 2005. This provision enables the police officer in charge of the police station to seek the court’s permission to direct the person arrested for committing an offence to subject himself to identification […]

FURTHER INVESTIGATION

FURTHER INVESTIGATION

Section 173(8) permits further investigation by the investigation officer. Even without the order of Magistrate investigating officer is free to conduct further investigation. It must be noted here that Code does not mandate taking prior permission from the Magistrate if the police wants to conduct further investigation suo motu. Supreme Court in Ram Lal Narang […]

FIRST INFORMATION REPORT

FIRST INFORMATION REPORT

Section 154 deals with information relating to the commission of cognizable cases. It is popularly called First Information Report (FIR) though the term has not been defined in the Code. Definition and meaning First Information Report or F.I.R. is not defined under Criminal Procedure Code. However, the concept of F.I.R. is found under Section 154 […]

SEARCH WARRANT

SEARCH WARRANT

Meaning: A search warrant is a written authority given to the police or other person by a court or a Magistrate for search of any place. This search can be a general search or search of a specified thing, document or persons. Before issuing search warrant the court must have reason to believe that person […]