Section 10 of the Hindu Marriage Act, 1955
Either party to a marriage, Whether solemnized before or after the commncement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub- section (1) of Section 13, and in the case of wife also on any of the grounds specified in sub- section […]
Section 9 of Hindu Marriage Act, 1955
When either the husband or the wife has , without reasonable excuse, withdrawn form the society of the other aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition and that there is no […]
Doctrine of Colourable Legislation
The doctrine of colourable legislation is a legal principle that addresses situations where a legislative body passes a law that, on the surface, appears to be within its constitutional powers but is, in reality, an attempt to achieve an objective beyond its jurisdiction. This doctrine, derived from the Latin maxim “quando aliquid prohibetur ex directo, prohibetur […]
Section 13 of Hindu Marriage Act 1955
The Hindu Marriage Act, 1955, serves as the cornerstone of matrimonial laws for Hindus in India. It encompasses provisions for marriage, restitution of conjugal rights, judicial separation, and divorce, among others. Section 13 of the Act specifically governs divorce, enumerating the grounds on which a marriage can be dissolved. By incorporating provisions for divorce while maintaining mechanisms […]
Divorce under Hindu Marriage Act, 1955
Marriage in Hindu religion is considered to be sacred where there is a perpetual bond between a husband and wife. Divorce in earlier times didn’t even exist, as the bond between a husband and his wife was considered to be a relation that wouldn’t be broken even by death. But because of change in time […]
Delegated Legislation
The “delegated legislation” concept has shaped modern democratic systems, and it plays a pretty important role in the development and function of administrative law. It’s an indispensable feature of legislation in an increasingly complex system of governance and administration around the world. In administrative law, it is known as subsidiary or subordinate legislation; provisions of […]
Anticipatory Bail
Anticipatory bail, often referred to as pre-arrest bail, is a legal remedy under Section 482 of BNSS. It allows individuals who anticipate arrest on charges of a non-bailable offense to approach the High Court or Sessions Court for bail before the actual arrest occurs. This provision is particularly significant for those facing the possibility of false […]
Regular Bail
A regular bail is sought after an accused has been arrested by the police / investigating agency. When a person is arrested, he has to be produced before a Magistrate within 24 hours of arrest. The Magistrate can then send the accused to either police or judicial custody. At this point in time, a regular […]