Sarla mudgal vs union of india

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In fact, sarla mudgal's case was considered by this court in ahmedabad women action group & ors vs union of india (1997) 3 scc 573 and it was held that the question regarding the desirability of enacting a uniform civil code did not directly arise in sarla mudgal's case. Sarla mudgal case comment 4423 words | 18 pages this paper concerns itself with the case law sarla mudgal v union of india, air 1995 sc 1531 it is a review of the above mentioned case. Sarla mudgal president kalyani vs union of india - supreme court of india - may 10, 1995 sarla mudgal president kalyani vs union of india laws(sc)-1995-5-63 supreme court of india decided on may 10,1995 (smt) sarla mudgal, president, kalyani and ors appellant versus union of india.

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One decade after shah bano case, in sarla mudgal v union of india, the supreme court of india, has reiterated the need for the uniform civil code for india india has been declared more ‘secular’ through the 42nd constitutional amendment in 1976. Smt sarla mudgal, president, kalyani & ors v union of india december 13, 2012 by draftinggenderlaws in polygamy leave a comment the present case has 4 petitioners it is a writ petition under article 32 of the indian constitution kalyani & ors v union of india. Sarla mudgal v union of india [1] is a supreme court of india case its judgement in 1995 laid down the principles against the practice of solemnizing second marriage by conversion to islam, with first marriage not being dissolved.

Sarla mudgal vs union of india  case analysis of p rathinam vs union of india case summary p rathinam vs union of india was the first case in india to raise the issue of right to die before the supreme court of india the supreme court of india entertained the writ petition the major question that this case answered and addressed was that. A decade later, in sarla mudgal v union of india (air 1995 sc 1531), the supreme court revisited the matter the issue in question was whether a hindu man who embraced islam could solemnise a second marriage as a muslim. This paper presents a feminist alternative judgment or a feminist (shadow) judgment to the supreme court of india’s judgment in sarla mudgal v union of india and ors this shadow judgment is inspired by the feminist judgments projects in uk, australia, canada, and other places to radically. Union of india[15] it was argued that the law declared by the supreme court in sarla mudgal could not be given retrospective effect because of art 20(1) it ought to be given only prospective operation so that the ruling could not be applied to a person who had already solemnised the second marriage prior to the date of the sarla mudgal. 50 leading cases of supreme court of india kindle edition e book on 50 leading cases of supreme court of india by discountbookstorein table of contain contains part i facts in brief sarla mudgal v union of india 45 standard chartered bank v directorate of enforcement.

Smt sarla mudgal v union of india , air 1995 sc 1531 cases dealing with the right of hindu men to covert to islam to avail of muslim protectionist marriage laws, such as exercising polygamy. The case of sarla mudgal v union of india, air 1995 sc 1531 the ruling the ruling was re-affirmed five years later in lily thomas v union of india (2000) 6. Abstract this paper concerns itself with the case law sarla mudgal v union of india, air 1995 sc 1531 it is a review of the above mentioned case. This paper presents a feminist alternative judgment or a feminist (shadow) judgment to the supreme court of india’s judgment in sarla mudgal v union of india and ors. The petitioner, mool chand kucheria, had submitted in his pil that the apex court in its 1995 verdict in sarla mudgal vs union of india had suggested to the government to “secure for the.

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Posts tagged: sarla mudgal v union of india uniform civil code: the dormant law posted on july 18, 2012 & filed under legal articles prof annam subrahmanyam and mohan rao, bolla introduction the high court of kerala in agnes alias kunjamol v regeena thomas, has been confronted with a peculiar question of which the law has been dormant. Cia â 2 smt sarla mudgal, president, kalyani & ors v union ofâ india (1995) 3 scc 635 â facts of the case: the present case has 4 petitioners. Para 30 of the verdict in supreme court in the case of sarla mudgal vs union of india (1995), quoted in habibullah badshah uniform civil code - chasing a mirage, quoted from elst, koenraad (2001) decolonizing the hindu mind: ideological development of hindu revivalism. The apex court in sarla mudgal, president, kalyani & ors vs union of india & ors described the uniform civil code as a decisive step towards national consolidation.

Supreme court in sarla mudgal v union of india (1995 air 1531 sc) put all speculation in this regard to rest and made it a crime to be prosecuted under 494 regards. Union of india and it was held that the question regarding the desirability of enacting a uniform civil code did not directly arise in sarla mudgal’s case ” but in john vallamattom vs. Case name – smt sarla mudgal, president, kalyani & ors vs union of india citation: 1995 air 1531 bench: kuldip singh, rm sahai introduction: in the most simplest manner, this case is in regards to bigamy and if coversion to another religion permits to commit the offence.

Hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956. Sarla mudgal vs union of india is violative of rights guaranteed under article 21 of the constitution the judgment in sarla mudgal case has neither changed the procedure nor created any law for the prosecution of the person sought. Cia – 2 smt sarla mudgal, president, kalyani & ors v union of india (1995) 3 scc 635 facts of the case: the present case has 4 petitioners.

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Sarla mudgal vs union of india
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