by Prasun Nabiyal Introduction Islam conceptualises marital union to be strictly contractual in nature;[1] thus, it is also subject to a breach of contract— amounting to the separation of the spouses. Such separation is grounded on the belief that the husband and wife cannot co-exist.[2] As marriage to non-Muslims is unlawful for Muslim women and … Continue reading Post-Marriage Conversion in Muslim Personal Law: Effect of Conversion on Marital Duties
Category: Family Law
Parenthood and a Child’s Right to Succession and Inheritance
By Sarthak Wadhwa Introduction: The Premise of a Care-Based Relationship The traditional understanding of a family is centred around a sexual union between two heterosexual individuals, with all other ‘familial’ relationships defined in terms thereof: a father and mother united in holy matrimony with children born of their sexual union.[1] This conception of ‘marriage’ is … Continue reading Parenthood and a Child’s Right to Succession and Inheritance
Parenthood and a Child’s Right to Knowledge of Genetic Origins
By Shreya Jaipuria Introduction With increasing recognition of right to knowledge of genetic origins of a child, some authors, such as Bainham, have focused on the distinction between ‘genetic’ and ‘social’ parenthood.[1] The ‘genetic parent’ is one that has a genetic connection with the child, but may not be caring for that child.[2] For example, … Continue reading Parenthood and a Child’s Right to Knowledge of Genetic Origins
The Journal of Indian Law and Society 