Personal Laws

Legal Status of Illegitimate Children- A Critical Analysis of the Personal Laws in India vis-a-vis Rights of a Child

Legal Status of Illegitimate Children- A Critical Analysis of the Personal Laws in India vis-a-vis Rights of a Child

Nikita Swamy

What is against the law is considered to be illegitimate or illegal. Such was the status of the illegitimate child until recently when the laws underwent a change due to social and political evolution and a shift in the thoughts of the people. In the present post – modern world, there is considerably less stigma attached to such terms. In progressive nations like the United States of America society is generally receptive to such children and the laws imposed also ensure that their rights are protected. Of late in countries like India there has been a change in the personal laws to incorporate this development, the most recent being the amendment of Section 16 of the Hindu Marriage Act and several judicial decisions . This paper attempts to track these change s among the three major personal laws in our country i.e. Hindu, Muslim and Christian.

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Posted by Suvid Chaturvedi in Vol. 2 Number 2, Volume 2, 0 comments
Case Study- Mary Roy v. State of Kerala

Case Study- Mary Roy v. State of Kerala

Karundeep Singh
B.A.LL.B. (Hons.) National Law School of India University, Bangalore

There have been numerous alterations in the Succession laws which apply to the Christian Community residing in the Travancore/ Cochin area. The laws which have been applied ranged from the Classical law as laid down by Moses to the laws framed by the Emperor of Travancore, then ca me British laws and finally Indian law after independence. Alongside the codification of the law by the legislature, we have the courts applying their reasoning to cases of intestate succession. The Landmark and conclusive case in this regard was the matter of Mary Roy v. State of Kerala . The judgement is marked as a defining moment in the constant struggle for gender equality in Indian Family Law.

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Posted by Suvid Chaturvedi in Vol. 2 Number 2, Volume 2, 0 comments