Panel Discussion on Inheritance & Marriage Laws New Delhi – October 20th, 2010

FLO and YFLO jointly organized a panel discussion on ‘Inheritance & Marriage Laws’ on October 20, 2010 at FICCI. The distinguished panel comprised noted Supreme Court lawyers, Ms Meenakshi Lekhi and Ms Manali Singhal Bhandare.

The panel discussion commenced with Ms Meenakshi Lekhi, talking about Inheritance and Succession Laws with special focus on Hindu Laws. A woman has total rights to hold and /or dispose in case of self acquired property. But if the property is inherited by her and shared with others, she can will only her share of the property.

A widow has every right to be maintained out of her husband’s estate even in case her late husband has not willed her any property. IN case of intestate death heirs are according to Hindu Succession Act and are classified into Class I, II, III and IV. She also clarified succession and inheritance in case of Hindu Undivided Families (HUF).

Ms Manali Singhal Bhandare focused on Marriage Laws, Divorce Laws and Child Custody. Registration of marriages is considered compulsory. The general grounds for Divorces is cruelty and desertion. Courts have started recognizing status and lifestyle of the spouse in deciding maintenance allowance. Under the Domestic Violence Act even women in a live in relationship are protected. ‘Streedhan’, means all articles gifted to the bride at the time of marriage or after marriage whether movable or immovable. It also includes gifts from the in-laws , friends and relatives from both sides.

She also said that it is generally the father who is the natural guardian of a child in law but nowadays courts are becoming pragmatic and sensitive while dealing with custody issues and consider the wish of the child aswell.

The interactive session was very well attended.

We would like to share with you the gist of the articles carried in the Newspaper of 22nd October, 2010

SC sets parameters for live-in maintenance:

A long term live-in relationship between a couple who have lived like spouses in the eyes of society deserves the same legal status as given to a formal marriage, the Supreme Court ruled on Thursday.

The statute provide that a woman deserted from a long term live in relationship is equally eligible for maintenance as a woman abandoned by her legally wedded husband.

To claim maintenance under the Act, the woman concerned has to prove with evidence factors in the live-in relationship.

Woman harassed for dowry can’t be punished for giving it, says HC:

Till now, the husband and his family had been armed with a powerful tool to dissuade a married woman and her parents from pursuing a case of dowry harassment.

The Delhi High Court ruled on Thursday that “Victims of circumstances” cannot be made to pay for their vulnerability. It noted that the dowry prohibition act also takes into account such stipulations. Therefore, if a complaint is lodged by a man relying on the woman’s statement that her family had fulfilled dowry demands, this can’t boomerang on her and form the basis of ordering a case against the woman and her family.