Perspectives on Law

Currently the position in India is such that this question can neither be answered in the positive nor can it be answered in the negative. This is premised on the fact that there is no statute governing adoption amongst Christians and therefore the law is largely determined through diverse customs and conflicting judicial decisions. This question is further complicated due to diverse positions relating to adoptions in case of abandoned children, adoptions by guardians and adoption from original parents. The customs in which Indian Christians are allowed to adopt are the agricultural tribes of Punjab ( Sohan Lal V. A.Z. Makuin, AIR 1929 Lahore 230 ) and the Syrian Christians of Travancore, Kerala. (Rao Bahadur L.K. Anantakrishna Ayyar in “the Anthropology of Syrian Christians”.) On the other hand, customs in Goa have apparently considered adoption to be legally impermissible. ( Carlos Tavora and Ors. v. Maria Felicidade Fernandes e Lobo and Ors. ) As far as judicial decisions are c...

Two High Court judgments ( Madras and MP ) take the view that a woman cannot be a respondent under DV Act as defined in Section 2(q). Section 2 (q) reads - Respondent means any adult male person who is, or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. The unanimous opinion of these Hon’ble High Courts has been explained as follows in another judgment : “… Section 12 of the Act provides that an application (not a complaint) for seeking one or more reliefs under the Act can be filed. On perusal of Section 18 to 22 of the Act, it appears that the reliefs under these Sections can be passed on the application under Section 12 of the Act. The word complaint as appeared in the definition of respondent under Secti...

Welcome. I write this blog to present to the readers an analysis of various legal issues in Indian law, and Public International Law.