Journal of Family & Adoption Law

Status of Illegitimate Children in Getting Property Rights Under Hindu Law: A Study from Judicial Perspective

Pratim Sarkar — Mon, 18 Mar 2024 00:00:00 +0000

e welfare of children is a major concern in the majority of nations around the world. Each child is considered a valuable resource for their nation. Many social ills have interfered with the rights and interests of illegitimate offspring, depriving them of their rights. The conventional belief in regard to the protection of the rights of illegitimate children is that illegitimate children only have rights to their parents' independently obtained property and not to ancestor property. The rights of an illegitimate
child over distinct property as well as ancestral property and maintenance rights have been recognised by Sec. 16 of the HMA, Sec. 20 of the HAMA, Sec. 125 of the Cr.P.C., and other pertinent legal provisions; nonetheless, the judiciary's primary goal is to uphold the law.

Effects On Rape Survivors

Praneeta Jha — Wed, 13 Mar 2024 00:00:00 +0000

Survivors can experience a lot of stress and pain after being sexually assaulted or abused. Every survivor deals with traumatic events in their own way. The impact of trauma following a sexual experience or abuse can manifest either as short-term or long-term effects. This page describes the most common events experienced by survivors, but is not all-inclusive. For example, if the victim's reaction is abnormal, for example, there are no physical injuries; this does not mean that what happened was not torture or violence. Supportive resources are available to assist you in your journey towards recovery.

Domestic Violence Against Women is on the Rise

Abdullah Ahmadzai — Thu, 07 Mar 2024 00:00:00 +0000

Domestic violence against women has emerged as a significant and pressing issue in recent times, with the COVID-19 pandemic further escalating its prevalence. This research paper aims to investigate the rise in domestic violence against women, exploring the factors that contribute to this increase and the impact of violence on the economy and public health. The paper will
adopt a qualitative research approach, incorporating review, survey, and case studies to provide a comprehensive analysis of the issue. Key aspects of the study include: A review of global data on the prevalence of domestic violence against women and girls, highlighting the disproportionate impact of the COVID-19 pandemic on violence rates. An examination of the risk factors associated with domestic violence, such as lockdowns, economic stress, and increased alcohol and substance abuse. An assessment of the economic costs of domestic violence, including the impact on productivity, healthcare, and social welfare systems. An exploration of the consequences of gender-based violence on the overall health of an economy, emphasizing the need for proactive and reactive responses to mitigate its impact. A discussion of potential strategies for eliminating domestic violence against women, including the strengthening of laws, improvement of education opportunities for girls, and increased funding for women organizations and initiatives. By providing a comprehensive analysis of the current state of domestic violence against women and offering potential solutions, this research paper aims to contribute to the ongoing global effort to remove all forms of violence against women and girls.

An Evaluative Study on Irretrievable Breakdown of Marriage: A Pressing Requirement for Its Inclusion as An Extra Basis for Divorce Under Hindu Law

Pendem Suhruth Srivatsav — Tue, 30 Jan 2024 00:00:00 +0000

Hindu marriages in India are governed by the Hindu Marriage Act of 1955, which excludes irretrievable breakdown of marriage as a basis for divorce. This means that a couple who have no hope of resuming their marital duties and cohabitation cannot legally end their marriage unless they prove the existence of other grounds such as cruelty, desertion, adultery, etc. This paper argues that this situation is unjust and unfair to both the spouses and the society at large and that there is an urgent need for the inclusion of irretrievable breakdown of marriage as an additional ground for divorce under Hindu law in India. This paper explores the development and history of the notion of irretrievable breakdown of marriage in different legal systems, as well as its relevance and status in India today. It also addresses the interpretation of Article 142 of the Indian Constitution, outlining the different contexts in which the provision may be applied and addressing associated objections. Clarifying the definition and interpretation of the term "complete justice," this article goes on to address the term in detail and its use with supporting case law. The Supreme Court has frequently used its inherent authority in particular divorce cases that were solemnized by statutory laws, personal laws, or customary laws. Some situations of irretrievable dissolution of marriage are mentioned. In order to gain an understanding of the court's authority and the situations in which the Supreme Court has used its authority under Article 142, a few significant precedent-setting rulings are briefly reviewed. The paper also analyses the judicial response to this issue and the recommendations of the Law Commission of India to amend the Hindu Marriage Act and the various oppositions and criticisms raised. The paper concludes that the irretrievable breakdown of marriage is a valid and reasonable ground for divorce under certain circumstances that reflects the changing social realities and values and that it should be incorporated in the Hindu law with adequate safeguards and conditions to prevent its misuse and abuse.

Child's Health, Upbringing, and Education in Islamic Sharia and the Afghan Child Rights Protection Law

Parwiz Stanekzai, Mohammad Salem Hamidi — Thu, 28 Dec 2023 00:00:00 +0000

In recent decades, issues related to children's rights have become one of the critical global concerns. Violations of children's rights and the resulting harm have intensified and are recognized as an urgent issue in today's world. Children, as the future of societies, are especially exposed to problems and dangers such as parental abandonment, the devastating effects of war, the consequences of natural disasters, malnutrition, and serious illnesses, as well as the imposition of child labor and other difficulties. Afghanistan, as a member of the United Nations family, has acceded to several human rights conventions and considers itself bound to adhere to the provisions and principles of supplementary conventions at the national legislative level. Considering the Islamic aspects of our society, it should be noted that any violation of human rights in general and children's rights in particular contradicts Islamic principles. Islam, as a comprehensive and complete religion, can serve as a solution to various challenges and societal issues. Our claim is that, in Islamic countries, due to the existence of familybased
laws, familiarity with Islamic principles, and the legal status of children within the family environment, children's rights are in a better position. Therefore, a study of children's rights from the perspective of Islamic jurisprudence and Afghan laws can demonstrate that Islam surpasses other sources in understanding and emphasizing children's rights. Furthermore, Afghan laws, derived from the foundations of Islamic jurisprudence, have been better accepted than the laws of other countries globally and have received serious attention to date.

Cruelty Against Husband in Odisha Scenario: A Social Legal Perspective

Karna Singh — Sat, 30 Sep 2023 00:00:00 +0000

The present study aims to review the domestic violence against men. Domestic violence is a severe problem that is not only faced by women but also by men in Indian society. With social transformation, the concept of cruelty has undergone a phenomenal change. In the current era of women's empowerment, legislation is being enacted and effective actions are being taken to safeguard women, who are regarded as the weaker members of society. But instead of serving as a shield for protection,
this tool is now being wielded by women against their husbands and their husbands' relatives. Consequently, instances of cruelty perpetrated by wives against their husbands are increasing, presenting a threat to the core objective of promoting gender equality, and this issue is currently a subject of intense debate. This study aims to shed light on the concept of cruelty, its different dimensions, and the remedies accessible to husbands in cases of cruelty, while also proposing some corrective measures. It is imperative to address the misuse of legal provisions by wives and restore a sense of equilibrium in the pursuit of gender justice.