Search Results for Tag : Personal Law

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Kerala HC: POCSO Shall Prevail Over Muslim Personal Law(21.11.2022)

Kerala High Court has held that a marriage between Muslims under personal law is not excluded from the ambit of POCSO Act, and if one of the parties t.....

Tags : Kerala High Court, POCSO, Muslim Personal Law

Supreme Court Grants Custody of Minor to Aunt, Says Personal Laws Can’t Supersede Child’s Welfare(06.03.2024)

Supreme Court while granting a minor’s custody to her aunt, has held that the statutory provisions dealing with the custody of the child under any per.....

Tags : Supreme Court, Custody, Child’s Welfare, Personal Laws

Delhi Court: Domestic Violence Act Does Not Override Personal Laws(04.08.2016)

A Delhi Court, while observing that the ‘Protection of Women from Domestic Violence (PWDV) Act does not override personal laws completely’, has reduce.....

Tags : Delhi Court, ‘Protection of Women from Domestic Violence (PWDV) Act, personal laws

Gujarat High Court Says Stop Muslim Polygamy(06.11.2015)

Gujarat High Court has recommended amendment of Muslim Personal Law, saying polygamy was often driven by selfish motives.

Tags : Gujarat High Court, Muslim Personal Law

Karnataka HC: Personal Law Cannot Override Special Laws of POCSO Act, Child Marriage Restraint Act(22.06.2021)

Karnataka High Court has said that though second marriage is permissible under the Mohammedan Law, but the personal law cannot override the Special La.....

Tags : Karnataka High Court, Personal Law

P&H HC: Muslim Girl of Age Above 16 Years Can Enter Into Marriage With Person Of Her Choice(20.06.2022)

Punjab and Haryana High Court has granted protection to 16 years old muslim Girl who married a 21 years old muslim boy and held that she is of marriag.....

Tags : Punjab and Haryana High Court, Muslim Personal Law, Marriage

Kerala HC: Muslim Personal Law Can't be Tested on Anvil of Article 14(07.07.2022)

Kerala High Court has held that High Court cannot test validity of Muslim Personal Law under Article 14 and 15 since it is bound by the precedents set.....

Tags : Kerala High Court, Muslim Personal Law, Precedent

Ker. HC: There is No Personal Law in India Applicable to Christians Recognizing Adoption(24.03.2025)

Kerala High Court has observed that there is no personal law in India applicable to Christians recognizing adoption. But a valid adoption made in acco.....

Tags : Kerala High Court, Personal Law, Canon Law

Bombay HC: While Exercising Parens Patriae Jurisdiction Wish of Minor Need to be Considered(22.07.2025)

Bombay High Court has held that while exercising parens patriae jurisdiction, the wish of the minor as well as attending circumstances need to be cons.....

Tags : Bombay High Court, Parens Patriae Jurisdiction, Personal Law

Ker. HC: Talaq-e-Hasan or Talaq-e-Ahsan are Valid Forms of Divorce(24.11.2023)

Kerala High Court while observing that pronouncement of talaq-e-sunnat either by Ahsan form or Hasan form has not been made penal in the Muslim Women .....

Tags : Kerala High Court, Muslim Personal Law, Talaq-e-Hasan, Talaq-e-Ahsan

Kerala High Court Issues Guidelines for Family Court to Endorse Divorce Under Muslim Personal Law(18.11.2021)

Kerala High Court has formulated guidelines to be followed by the Family Court in a petition filed to endorse an extrajudicial divorce under Muslim Pe.....

Tags : Kerala High Court, Divorce Under Muslim Personal Law

Jharkhand HC: Muslim Woman Can Marry Person of Her Choice After Attaining Puberty(30.11.2022)

Jharkhand High Court has held that under Muslim personal law people attain puberty at the age of 15 years and upon attaining the same, they are at lib.....

Tags : Jharkhand High Court, Muslim Personal Law, Puberty

Karnataka HC: POCSO Act Overrides Personal Law(31.10.2022)

Karnataka High Court while rejecting the argument that minor Muslim girl's marriage upon attaining puberty will not contravene Prohibition of Child Ma.....

Tags : Karnataka High Court, POCSO, Personal Law

Blast from the Past

Personal laws not disturbed by fundamental rights(24.07.1951)

What could the Bombay High Court have said that stung Finance Minister Arun Jaitley so, leading him to call it “one of the most adverse judgments”. Af.....

Tags : Personal laws, bigamy, fundamental rights, social custom