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True Colors of a Vile Wife

Author: ShadesOfKnife

3 Years LLB General – Family Laws 1 – 4 Marks Answers

Posted on March 12, 2019 by ShadesOfKnife

Q1: Matriarchal Family System.

 

Q2: Who is a Mohammedan

 

Q3: Sources of Mohammedan Law

 

Q4: Polygamy

 

Q5: Impotency

 

Q6: Institution of Conjugal Rights

 

Q7: Right of Wife for maintenance and separate residence

 

Q8: Partition of dwelling house

 

Q9: Cruelty

 

Q10: Patriarchal family

 

Q11: Sati

 

Q12: Dowry

 

Q13: Adoption

 

Q14: Muslim

 

Q15: Succession

 

Q16: Marriage

 

Q17: Hindu

 

Q18: Child Marriage

 

Q19: Puberty

 

Q20: Divorce

 

Q21: Christian Law

 

Q22: Adultery

 

Q23: Divorce by mutual consent

 

Q24: Dower

 

Q25: Guardian ship

 

Q26: Westernization

 

Q27: Concubinage

 

Q28: Alimony

 

Q29: Family Courts

Introduction:
It is accepted by most, that the litigation in respect of any matter concerning family such as divorce, maintenance, custody of children and trial of juvenile offenders should not be viewed in terms of failure or success of legal action, but as social therapeutic problem. Thus, the concept of Family Court implies an integrated broad-based service to families in trouble. It stipulates that the family court structure should be such as is meant to preserve the family, and to help stabilize the marriage. Such a system visualizes the assistance of the specialized persons and agencies such as social workers, welfare officers, counselors.
Establishment of Family Courts:
The Family Courts are setup for speedy trial and disposal of matrimonial disputes between the husband and wife. In view of the increase in the incidents of matrimonial disputes and increasing pendency of the case in both the civil and criminal courts, women’s organizations requested the central government to pass a legislation to deal exclusively with matrimonial matters. Moreover, the Law Commission of India (LCI), vide its reports 54 and 55 (1974), recommended the central government to pass a special enactment for the establishment of Family Courts to deal with family matters. As a result, the Family Courts Act was passed in 1984, for the establishment of Family Courts in India.
The Family Courts Act, 1984:
The Family Courts Act, 1984 has 23 sections. The States and High Courts concerned are empowered to establish Family Courts in the States for those towns and cities whose population exceeds 10 lakhs and also to frame necessary Rules under the Act. The State of AP framed the AP Family Courts (High Court) Rules, 1995. The Objective of Family Courts is to promote conciliation and speedy settlement of disputes relating to marriage and family affairs.
Key Sections of the Family Courts Act, 1984:
Section 4 talks about the Appointment of Judges to Family Court, the necessary qualifications skills required of Judges.
1. Minimum 7 years’ experience as Judicial officer/member of a Tribunal
2. Minimum 7 years’ standing as an Advocate of a High Court
3. Any post under Union or State Government with Special Knowledge
4. Expert in Conciliation, Protect and Preserve the value of institution of marriage

• Age of retirement is 62 years
• A woman Judge is Preferred
Section 7 details about Jurisdiction of Family Courts. The Family Court can exercise its jurisdiction in below cases
A) A suit or proceeding as to the validity of marriage or the matrimonial station of any person
B) A suit or proceeding with respect of the property of the parties
C) A suit or proceeding between a couple for nullity of marriage, restitution of conjugal rights, Judicial separation and Divorce
D) A suit or proceeding for Custody, Guardianship, access to minor children
E) A suit or proceeding for Maintenance of wives, children and old parents
F) A suit or proceeding for injunction order
Section 11 mandates proceedings to be held in camera, on the request of either party.
Section 13 mandates no legal party will be represented by an advocate; if required, court can appoint an Amicus Curie for the case.
Section 17 refers to the modalities of the Judgment by a Family Court.
Section 19 provide the right of appeal to High Court on the decrees passed by the Family Court within 30 days from the date of Judgment.
Case Laws:
In M.P.Gangadharan Vs State of Kerala [2006 SC 2360], the Supreme Court held that Family Courts should be established by State which should be alive to the situation that it has a duty to provide all infrastructure to the forum to dispute resolution.
In Dr.Rohit Dandekar Vs Dr.Raj Kavitha [(2004) 1 DMC 216 (Kant.) (DB)], it was held that the welfare of the child is of paramount consideration while deciding application for custody of minor child via a procedure that is in accordance with principles of natural justice.
In R. Durga Prasad vs Union of India and Anr [1998 (2) ALD 25], hon’ble High Court of AP held (2) that the main provision of Section 13 of Family Courts Act, 1984 permits the parties to engage legal practitioners, but beyond the stage of impossibility of reconciliation exercised under Section 9 of the Act.

Q30: Family

Q31: Christian

Q32: Muslim law

Q33: Uniform civil code

Q34: Judicial separation

 

Q35: Khula

Q36: Conversion

Posted in General Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

3 Years LLB General – Family Laws 1 – 20 Marks Answers

Posted on March 12, 2019 by ShadesOfKnife

1

Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

3 Years LLB General – Family Laws 1 – 18 Marks Answers

Posted on March 12, 2019 by ShadesOfKnife

1

Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019

Posted on March 12, 2019 by ShadesOfKnife

Basing on the landmark judgment here, Punjab High Court has struck down/quashed the pending 497 IPC case on the petitioner.

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Chetan Kumar Vs State of Punjab and Otrs Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Article 141 of Constitution of India

Posted on March 12, 2019 by ShadesOfKnife
141. Law declared by Supreme Court to be binding on all court.
 
The law declared by the Supreme Court shall be binding on all courts within the territory of India
 
Note: This judgment here, declared that the judgments of SCI are retrospectively also applicable on all Courts in India.
Posted in The Constitution Of India | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts | Leave a comment

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986

Posted on March 12, 2019 by ShadesOfKnife

This is landmark judgment which held that a/c to Article 141 of Constitution of India, all judgments of Supreme Court of India are binding on all courts in India and they are applicable to all pending proceedings even with retrospective effect.

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case Legal Procedure Explained - Interpretation of Statutes Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Posted on March 8, 2019 by ShadesOfKnife

A diabolical Medical college management played a cunning cat and mouse game with MCI, Government and the hon’ble Supreme Court of India to cheat and get permission to do admissions for medical courses in their college and paid the hefty price.

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Citations : [2019 SCC ONLINE SC 51]

Other Sources:

https://indiankanoon.org/doc/194049971/

https://www.casemine.com/judgement/in/5c7164069eff4312dfbb5f69


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Grant Compensation To Victims Of Fraud Medical College IPC 193 - Punishment for false evidence Perjury - Approached Court with Unclean Hands Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Reportable Judgement or Order Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors | Leave a comment

Deepa Bhure and Otrs Vs Jai Kishan and Anr on 15 February, 2019

Posted on March 5, 2019 by ShadesOfKnife

A cunning advocate obtained blank cheques from his client as surety for this professional fees and misappropriate them. Law caught upto him and shown his place.

Deepa Bhure and Otrs Vs Jai Kishan and Anr on 15 February, 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Advocate Antics Deepa Bhure and Otrs Vs Jai Kishan and Anr | Leave a comment

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019

Posted on March 4, 2019 by ShadesOfKnife

In this case on perjury in a false 498A case, husband made allegations on knife, in this anticipatory bail application. Justice RF Nariman had set aside the Previous order for Perjury from Bombay HC here.

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi 26 February, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected CrPC 340 read with CrPC 195 Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Anand Kumar Sharma Vs BCI on 01 March, 2019

Posted on March 4, 2019 by ShadesOfKnife

This is a case of an advocate filing false information during the enrollment with Bar Council. After debarring him from enrollment, then he went of a petition/appeal filing spree at all level of courts. All the time getting dismissed.

Anand Kumar Sharma Vs BCI on 01 March, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Anand Kumar Sharma Vs BCI | Leave a comment

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