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Showing posts with label
custom
.
Show all posts
Showing posts with label
custom
.
Show all posts
Tuesday, 2 January 2024
Whether the court can quash proceeding under Domestic violence Act if husband takes the plea of customary divorce?
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Even if assuming that the learned Judicial Magistrate is vested with jurisdictional competence to determine the validity of a customary di...
Sunday, 31 December 2023
Whether Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is not Established ?
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It is to be noted that the deed in question is purported to be a document which is claimed to be in conformity with the customs applicable f...
Thursday, 7 December 2023
Notes on applicability of custom in Indian law
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Definition of Custom: As per S 3 of Hindu Marriage Act, the expressions “custom” and “usage” signify any rule which, having been contin...
Sunday, 8 December 2019
Supreme Court: No valid Marriage if there is only registered agreement of Marriage
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In the agreement of marriage (Ex. P/1), it is only stated that both parties are of same caste and with the permission and consent of both ...
Saturday, 16 June 2018
Whether court should consider any evidence adduced without pleading?
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In response to issue number two, we are concerned here with the custom of adopting married sons in the community of the Appellant. The only...
Precaution to be taken by court while upholding claim of adoption of child
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At this juncture it would be necessary to observe the law laid down by this Court in numerous cases that t he burden of proving adopti...
Saturday, 14 October 2017
Whether customary divorce between husband and wife is binding on third party?
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From the evidence available on record from the side of the wife, it is clear that the said is not acceptable evidence with regard to t...
Whether it is mandatory to prove custom by clear and unambiguous evidence?
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In another case in Udaya Swain. v. Satya Swainani reported in MANU/OR/0197/1970 : 1970 The Cuttack Law Times, 1330, the learned single Jud...
Friday, 12 May 2017
Whether widow can be denied compensation on ground that she is also wife of other brother of deceased?
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Learned counsel for the appellant seriously argued and contested the award on the ground that the claim petition, in so far it relates ...
Wednesday, 6 July 2016
How to prove customary divorce between husband and wife?
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This Court also will simultaneously deal with the issue whether there was any actual and legal dissolution of the marriage of t...
Saturday, 27 June 2015
Whether defendant can prove customary marriage relying on evidence adduced by plaintiff?
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Now when the defendant while appearing as a witness in her deposition, which deposition has remained unshattered during the ordeal of ...
Wednesday, 13 May 2015
Whether custom is required to be proved strictly?
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A custom is a long drawn, ancient, uniform, definite continuous and compulsory usage or practice which has been accepted followed and rec...
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