Christian personal law in India is governed by statutes such as the Indian Christian Marriage Act of 1872, the Indian Divorce Act 1869, and the Convents Marriage Dissolution Act 1936. These laws regulate marriage, divorce, adoption, and inheritance for Christians. Under the Christian Marriage Act, marriages must be solemnized by a priest in a church. Divorce is granted on grounds such as adultery, cruelty, desertion, and insanity. For inheritance, the Indian Succession Act of 1925 applies, with the spouse and lineal descendants inheriting portions of the deceased's estate.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
This documents covers basic rules and principles of Muslim Inheritance and Succession. This document is prepared on the basis of the views expressed by the well known scholars and views expressed by them. If you find any mistake or you think that something is required to corrected, please let me know, I will be immensely obliged and thankful. Looking forward to have your views.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
This documents covers basic rules and principles of Muslim Inheritance and Succession. This document is prepared on the basis of the views expressed by the well known scholars and views expressed by them. If you find any mistake or you think that something is required to corrected, please let me know, I will be immensely obliged and thankful. Looking forward to have your views.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
What Is The Difference Between An Heir And Inheritance?nayanaNMH
Heir And Inheritance : Under the Hindu Succession Act, we explore the property rights of daughters, daughters-in-law, abandoned first wives, second wives, converts, adopted children, widows, mothers, and others. In reality, property or related scams account for two-thirds of all cases pending in Indian courts. This is due to the complexities of Indian property rights.
The Muslim Family Laws Ordinance, 1961
Dissolution of Muslim Marriage Act, 1939
Divorce Act, 1869
Guardian and Wards Act, 1890
High Court Rules [Volume II] Guardian and Wards
Maintenance Order Enforcement Act, 1921
Family Courts Act, 1964
Family Court Rules, 1965
Foreign Marriage Act, 1903
Christians Marriage Act 1972
Child Marriage Restraint Act 1929
Position of humans under different personal laws Shreya Chaurasia
People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
Personal Law on Marriage in India: Conditions, Solemnisation & new trends and...Ashok Wadje
The PPT comprises of following components:'
1. Nature of "Marriage", right to marry and pre & post marriage regulations
2. Conditions for Marriage & Mode of Solemnisation of Marriage in each personal law.
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This Guide is intended to help every Hindu whether living in India or outside India to prepare a Will. While the primary focus is on Indian law, it also takes into account essentials of international private law. Written in simple language free of legalese, it gives an overview of Wills for an educated Hindu without any legal knowledge.
A chapter gives legal aspects of executing Advance Medical Directives (Living Will) as per March 2018 judgment of Supreme Court of India. A Sample of Advance Medical Directives is also included.
Development Financial Institutions In IndiaDivyae Sherry
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The presentation covers HR Policies,Structure and Processes followed by Uber in India and Globally.
The presentation is made by:Divyae M Sherry
Tags: uber hr ,uber human resource ,uber hr structure ,uber hr policies ,uber in india ,uber india ,divyae sherry ,divyaesherry
Digital India is an imitative taken by the Government Of India to bring the latest technology in the hands of the common man of India.
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This presentation was prepared for a competition sponsored by Practr.in and Christ University,Bangalore.This presentation secured third position in the competition.The competition revolved around coming up with a business proposal which uses E Ink Technology.
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Business Plan (UniShelf) Presentation Part 2Divyae Sherry
Electronic Ink (E Ink) Shelf.
The shelf uses an electronic E Ink Display to display the prices and other necessary information it uses IOT (Internet Of Things)
This presentation was prepared for a competition sponsored by Practr.in and Christ University,Bangalore.This presentation secured third position in the competition.The competition revolved around coming up with a business proposal which uses E Ink Technology.
Made and Presented By:
Divyae Mohan Sherry
Ms. Sachi Nanda
Electronic Ink (E Ink) Shelf.
The shelf uses an electronic E Ink Display to display the prices and other necessary information it uses IOT (Internet Of Things)
This presentation was prepared for a competition sponsored by Practr.in and Christ University,Bangalore.This presentation secured third position in the competition.The competition revolved around coming up with a business proposal which uses E Ink Technology.
Made and Presented By:
Divyae Mohan Sherry
Ms. Sachi Nanda
Vistara Airlines SWOT Analysis
Vistara Airlines is a joint venture between Tata Sons and Singapore Airlines Limited.The document contains in depth analysis of strengths,weaknesses and opportunities for the airlines in Indian and International Markets.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. Christian Personal Law
Christian law, as a branch of personal law, is primarily applicable to the Christian community.
In India the Christian law is governed by the provisions of Indian Christian marriage act 1872.
the Indian divorce act 1869, and the concerts Marriage dissolution act 1936.
Christian law deals with matters such as marriage, divorce, succession, adoption etc....
3. Marriage
In India Christian marriages are governed by the Indian Christian Marriage Act of
1872.
It extends to the whole of India except in the state of Travancore-Cochin, Manipur
and Jammu and Kashmir.
Under the Christian Marriage Act, marriages can be solemnized by a minister/priest
in a church. After the marriage the priest registers the marriage and issues a
marriage certificate.
Now Supreme Court of India has ordered the compulsory registration of all
marriages in India, irrespective of the religion.
A marriage, which has already been solemnized by a priest in the church can also be
registered by a registrar of marriages .
4. Indian Christian Divorce Act
The Indian Divorce Act deals with divorce among Christians.
Roman Catholics do not come under the purview of any divorce proceedings since the
Roman Catholic Church has not recognized divorce.
The Divorce Act also does not contain any provision for divorce by mutual consent.
Maintenance: During the period when the divorce case is in the court, the husband has
to give one fifth of his salary for the maintenance of his wife. Later, maintenance can
be given either yearly or once for all as total settlement.
Custody: Custody of the child is decided by the court after going into the details of
each individual case.
5. Divorce
Both husband and wife can seek a divorce on the
grounds of,
Adultery
Cruelty
Desertion for more than seven years
Insanity for more than two years
Incurable leprosy for more than two years
Conversion to another religion
Willful refusal to consummate the marriage
Not being heard of for 7 years
Venereal disease in communicable form for two years
Failure to obey the order for restitution of conjugal
rights.
However, the wife has been
permitted to sue for divorce on
additional grounds if the husband is
guilty of:
• Rape
• Sodomy
• Bestiality
• Bestiality
6. 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 Guidelines and Rules issued by various State Governments.
7. Law of Inheritance for Christians
Christians have varied laws on succession and familial relations. The rules for
succession among the Christians has been codified under the Indian Succession Act,
1925, while on the other hand customary practices also have an influence on the
principles of inheritance.
Estate
All property owned by an individual, irrespective of the mode of acquisition, the) mode of
acquisition is treated as the individuals’ self-acquired property and is free to dispose-off
the same in any manner during his lifetime.
In case the property has not been disposed-off by way of will, then the same shall
devolve upon his / her successors and heirs upon his death.
Properties or money given by the interstate to a child for his / her advancement in the
life would not be considered at the time of distribution of the intestate’s wealth /
property.
8. Descendants & Rules of Inheritance
The laws of inheritance applicable to Christians are same for both genders. The property
of a person dying intestate is bequeathed to the spouse of the deceased , or upon those
who are kindred of the person deceased. Chapter II of the ISA provides for the order and
the concerned rules for the devolution of the estate and the share to be allotted to the
heirs. The ISA provides that a widow is not entitled to the property if by a valid contract
made before the marriage she has been explicitly excluded from the distributive share of
her husband’s estate.
The term ‘lineal descendants’, as described under the ISA, includes children or children’s
children and only those born out of a lawful marriage, thereby excluding relations such
as daughter’s illegitimate son or a son’s illegitimate daughter or any other illegitimate
issue as such illegitimate children are not considered children by the provisions of ISA. If
an intestate has left a widow and also lineal descendants, 1/3rd of the estate shall
devolve upon the widow and the remaining 2/3rd shall go to the lineal descendants. If
the intestate has left behind a widow and does not have any lineal descendants, but has
left behind persons who are kindred to him, the property would be divided into halves,
one would divulge to the widow of the intestate and the other half would divulge to the
kindred. However, in case the intestate has left no kindred, the whole property would be
inherited by the widow. (If no one then widow to get ½ share and kinder ½ share)
In cases where an intestate has no child, but only has grandchildren and no other
remote descendent, the property shall go equally to the all the grandchildren.