Landmark Cases

Ayodhya, over the years, has been the centre of a heady mix of mythology, facts, politics, law and religious zeal.

 Live-in relationships are living arrangement in which a man and a woman who are unmarried live together like a husband and wife without the legal sanction called marriage. This is a concept that has not gained social acceptance in India. When live-in relationships first came into the open, it created a public outrage as it was considered violative of Indian culture and moral values.

 In July 2010, a Kerala High Court order on Sabarimala Temple paved the way for mixed public response, debate and in some ways, outrage. The Sabarimala is one of South India’s most revered pilgrimage centers, bringing together people from all castes and religions to climb the mountain and reach the abode of Lord Ayappa, who is believed to be the Hindu God of Dharma.

In a country like India, which is a melting pot of religious and cultural diversity, religious conflicts are not uncommon. Thousands of Indians are killed in riots that break out due to communal tensions. Instances of Hindus being forcefully converted to other religions have been condemned by most organizations. Force in any form, whether it is by threat, fear, force or economic offers, is not considered legal. The Constitution of India has established the country as a secular one.

Discretion means the power to decide or act according to one’s judgment. Indian law grants some discretionary powers to administrative authorities. Indian law, as it exists now, lays down broad limits within which an administrative authority is expected to function.

As per Indian laws, negligence on the part of the manufacturer/seller amounts to breach of duty that causes damage or loss to the complainant. The absence of diligence in offering services amounts to negligence. In case a consumer has suffered any damage or injury by a product, due to the negligence of the manufacturer, the latter shall be held liable.

Article 39 (c) of the Constitution of India provides for Directive Principles of State Policy. This aims for equitable distribution of resources of production among all citizens. It also aims to prevent the concentration of wealth in the hands of a few. One such principle is ‘Equal Pay for Equal Work.’ As the name itself suggests, its purpose is to ensure that individuals who are doing an equal amount of work shall be entitled to equal remuneration. The term ‘equal pay’ includes basic salary, and also other benefits, such as bonuses and allowances.

Legal battles are fought between parents for child custody, which is indeed the most unfortunate aftermath following a marital breakup. Parents, after undergoing a matrimonial war, tend to fight over their child’s custody without understanding its psychological impact on their child. They should at least care about the emotional and physical stress that the child undergoes due to their break up but no, this doesn’t usually happen. The situation is worsened by the delay with which Indian law and the legal system functions in delivering a quick ruling on child custody.

Since time immemorial, there is social stigma surrounding a child who is not born to legally wedded/married parents. This is no different under Hindu law. A child is considered illegitimate when he/she is born to parents who were not legally married to each other at the time of the child’s birth. In a landmark case, Mongal Chandra v. Dhirendra, AIR 1976 Cal. 129, the court recognized an illegitimate son as the son of a permanent and exclusive mistress of a particular person.

Hindu law does not recognize the legal right of a concubine to claim maintenance. A concubine is a woman who cohabits with a man to whom she is not legally married. Simply put, we are talking about a mistress. A concubine is usually given an inferior position in the Indian society as compared to a legally wedded wife. In Hindu law, such a woman is termed as ‘Avarudha Stri.’ In earlier times, it was believed that such a woman should live in the family home of her paramour.