INTRODUCTION The tort of alienation of affection is a legal action that allows a spouse to sue a third party for intentionally interfering with their marital relationship. It is rooted in old common law, dating back to the 18th and…
ABSTRACT Indian law still follows an outdated principle: when a woman marries, she automatically takes her husband’s domicile. This rule, known as dependent domicile, is a colonial legacy that continues to deny married women full legal autonomy. Even though Indian…
ABSTRACT Prenuptial agreements—contracts signed before marriage to settle financial and personal matters in the event of divorce or separation—are gaining global recognition. However, their legal enforceability in India remains largely ambiguous. This article examines the unsettled status of prenups under Indian law,…
INTRODUCTION Lawyers are trained to advocate, argue, and persuade. These skills are essential in courtrooms and adversarial proceedings. However, when lawyers transition into the role of mediators, they step into a space that demands a fundamentally different set of skills—most…
INTRODUCTION Visitation rights are a key part of family law, especially in custody disputes after divorce or separation. Courts generally try to protect the rights of both parents to maintain a relationship with their child. However, the child’s well-being must come first.…
ABSTRACT Section 7 of the Hindu Marriage Act, 1955, lays down the essential ceremonies for the solemnization of a Hindu marriage. However, Indian courts have time and again held that failure to perform such ceremonies, especially in cases of long…
INTRODUCTION In every marriage, emotions can run high. Arguments are common, especially during separation or divorce. But the law draws a clear line when personal anger turns into public defamation. A wife’s frustration—no matter how justified emotionally—does not grant her a…
INTRODUCTION In family law disputes—especially those involving divorce, custody, or domestic violence—the truth often rests on oral testimony. Unlike other branches of law, family law cases rarely present clear documentary evidence. Instead, judges must evaluate the credibility of parties through what…
Abstract This article examines how marriage has frequently been used to subordinate women in different societies, eras, and legal systems. It analyses historical practices, legal doctrines, and modern case law and human rights instruments to show patterns of inequality built…
INTRODUCTION When parents separate or divorce, one of the hardest and most emotional issues they face is who gets custody of the children. In many cases, fathers worry that the court will favor the mother. However, family courts are legally…