-Souradeep Mukhopadhyaya POSITION IN ENGLISH LAW: Under English Law, agreements which restrain marriage are discouraged as they are injurious to the increase in population and the moral welfare of the citizens. Back in 1768, precedent was set by the Court of King’s Bench in Lowe v. Peers where the defendant […]
Irretrievable Breakdown of Marriage
By Akash Mishra, WBNUJS Editor’s Note: This paper discusses the evolution of irretrievable breakdown of marriage as a ground for divorce. Irretrievable breakdown of marriage comes under the breakdown theory where the marriage is supposed to have reached a point wherein there is complete breakdown of the institution with no scope for […]
Judicial Activism Under Article 21 And Personal Laws
By Mounica Kasturi, Symbiosis Law School, Pune “Editor’s Note: India is a nation with diverse communities that are governed by different personal laws according to their religion. These personal laws often come into conflict with the principles enshrined in Part III of the Constitution. The courts have generally been reluctant […]
Inter-caste & Inter-Religious Marriages: Social And Legal Issues
By Samarth Trigunayat, CNLU Editor’s Note: In our country most marriages are governed by the specific personal laws governing each religion. However in extra ordinary circumstances when such nuptial ties are between two people of different castes, the Special Marriage Act, becomes the mandate. Our society has been grappling in the […]