Legal Consultations and Solutions (LCS)

  Local Custom Laws of Succession Indian Christians who are converts from tribes such as the Khasis ,Garos, Nagas in the North East India are exempted from Indian Succession Act. This is because they continue to follow their customary laws of inheritance despite conversion. The Catholic Church has also recognized these customary laws as valid. Nagaland Many tribes in Nagaland doesn’t   allow any share of the women in the property during succession. Naga women couldn't inherit land because of Customary Patriarchy Laws. Property is inherited by male heir and women are not entitled to inherit   sucession, in the absence of male heir, the nearest male relative would inherit   the property. If the daughter is unmarried then she can stay at parent’s house but she is   just a keeper, she doesn’t have right to sell the property, once the daughter got married then she loose the right to her parent’s property. a Naga woman cannot call the field in which she works her own, or lay claim

  A Hindu Undivided Family (HUF) is governed by the Hindu Succession Act and according to the law, Hindus who may have converted to any other religion can still lay claim on their ancestral property.  Earlier, if a legal heir converted into another religion, it could mean forfeiture and exclusion from the family property. However, under the provisions of the Caste Disabilities Removal Act, 1850, as stated in the E Ramesh and Anr. versus P Rajini and 2 Others case, things have changed. Now, a Hindu convert will not lose right over father’s property even after renouncing his religion. However, according to Section 26 of the Hindu Succession Act, a convert’s child/children will be disqualified from inheriting the property of their Hindu relatives unless they are Hindus at the time. The Bombay High Court in its recent decision in  Balchand Jairamdas Lalwant v. Nazneen Khalid Qureshi (Appeal from Order No. 1175 of 2014)  dated 6th March, 2018 whilst discussing the issue on whether a Hin

  The Christian laws do not have any special mention about child custody rights. Hence the  Indian Divorce Act, 1869 , becomes applicable for all matters pertaining to Christian children and their guardianship. As per Section 41 of this said Act, the courts have the right to pass orders as to the custody, education and maintenance of Christian children . Beside it Guardians and Wards Act, 1890 is a secular law regulating questions of guardianship and custody for all children within the territory of India, irrespective of their religion. The welfare of the child is only criteria for deciding   the custody of the child although the act consider father as first guardian   of the child. “An order of custody of minor children either under the provisions of the Guardians and Wards Act, 1890 is required to be made by the court treating the interest and welfare of the minor to be of paramount importance.  Sheoli Hati  v.  Somnath Das ,  (2019) 7 SCC 490

  Child maintenance in India is recognized under Section 125 CrPC irrespective of the religion of the child. It has been provided that the child can claim maintenance from the father in India.  Under section 125 (1) (b) makes provision that if any person having sufficient means neglect or refuse to maintain his child a magistrate order such person to   make a monthly allowance for the maintenance of such child.  Legal Consultations and solutions (LCS )    ( LCS is an emerging organisation which provides legal Aid and Advise for All kind of matters in Delhi, Mumbai and Chennai and other states of India. It's run by Advocate Abhishek Pratap Singh and his Team.) Social Media Links : Facebook;   https://www.facebook.com/abhi.pratap1/      https://www.facebook.com/legalconsultationsandsolutions                                                                  https://www.facebook.com/AbhishekPratapForClcStudentUnion Twitter  https://twitter.com/abhipratapadv Youtube https://www.youtube.c

Remedies for a Married Women :- Divorce. A decree of divorce dissolving marriage, whether solemnized before or after the commencement of the Act, may be obtained by the husband or the wife on the grounds set out in s 13 of the Act. The grounds are:   (i) that the other spouse has committed adultery; or   (ii) treated the petitioner with cruelty; or   (iii) has deserted the petitioner for a period of two years; or   (iv) has ceased to be a Hindu by conversion to another religion; or   (v) has been incurable of unsound mind or suffering from mental disorder as set out and explained in that section; or   (vi) has been suffering from a virulent and incurable form of leprosy; or   (vii) has been suffering from venereal disease of a communicable form; or   (viii) has renounced the world by entering any religious order; or (ix) has not been heard of as being alive for a period of seven years or more. In addition to these grounds, a wife can seek dissolution of marriage