Category: Family Law

Family Law

Interlocutory or Final?: Order of Pendente Lite Maintenance Under Section 24 of Hindu Marriage Act- The Unresolved Conundrum

In this article, the author addresses and analyses the question whether a pendente lite maintenance order by a Family Court has the components of a final judgment/order thereby allowing an appeal against it or the said order is merely interlocutory, therefore should not be appealed. Different High Courts throughout the country have come up with contradictory interpretations and there is no clarity on the said issue till now. Through this article, the author tries to resolve the said conundrum and proposes what should be the correct approach based on the legislative intent. Continue reading Interlocutory or Final?: Order of Pendente Lite Maintenance Under Section 24 of Hindu Marriage Act- The Unresolved Conundrum

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Family Law

The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 2)

In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 2)

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Family Law

The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 1)

In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 1)

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