journal

hindu marriage Supreme Court

Analysis

‘Song and dance’ about ‘wining and dining’

The facts of a case can get lost in screaming headlines and turf wars on social media, as they did for a Supreme Court case on marriage

Leena Gita Reghunath

12th May 2024

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2023

Analysis

Supreme Court Review 2023

As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year

SCO Team

9th Jan 2024

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2023 Review Marriage

Analysis

Supreme Court Review 2023: On Marriage

The SC said marriage age and rights of sexual minorities was in parliament‘s domain. It used its wide powers under Art. 142 to grant divorce

Tushar Kohli

30th Dec 2023

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Analysis

Monthly Review: October 2023

October saw the marriage equality judgement, revival of seven-judge benches, Justice Bhat’s retirement and more

Ayra Kamal

3rd Nov 2023

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Analysis

A Long Road to Nowhere: On the Many Disappointments of the Marriage Equality Case

The Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act

Diksha Sanyal

27th Oct 2023

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Channel

SCO Explains: A Chief Justice in the minority: Why does this matter?

15% of dissents by a Chief Justice in a Constitution Bench were in the last two years alone. What does this mean?

Gauri Kashyap

25th Oct 2023

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Channel

SCO Explains: The plea for marriage equality judgement

A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?

Gauri Kashyap and R. Sai Spandana

23rd Oct 2023

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Analysis

Shilpa Sailesh Judgment: A Step Towards No-Fault Divorce?

Is the SC's power to directly grant divorce in cases of irretrievable breakdown of marriage, a judicial quick fix to a legislative issue?

Diksha Sanyal

3rd Jun 2023

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Analysis

The Uses and Abuses of Marital Privacy

How strong is the marital privacy argument to justify marital rape exception in a post-Puttaswamy era?

Diksha Sanyal

22nd May 2023

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Analysis

Adjudicating Marriage Equality: An Opportunity Lost or a Bullet Dodged?

The SC’s decision to leave out personal laws from the scope of challenge in the marriage equality case presents an interesting conundrum.

Diksha Sanyal

24th Apr 2023

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cases

State of Gujarat v Jamiat Ulama-E-Hind Gujarat & Ors

Special Leave Petition challenging the Gujarat High Court's Interim Order that upholds conversion during interfaith unions between adults in the state.

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Next Hearing:

Last Updated: 20220323

Bench:Vikram Nath J, Krishna Murari J

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Joseph Shine v Union of India

On September 27th 2018, the Court decriminalised adultery. On January 31st 2023, the Court clarified that decriminalising adultery did not impact members of the Armed Forces.

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Nandini Praveen v Union of India

The Supreme Court will decide whether certain provisions of the Special Marriage Act, 1954 (‘Act’) violate Articles 14, 15, and 21 of the Constitution of India, 1950.

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Next Hearing:

Last Updated:

Bench:V. Ramasubramanian J, A.S. Bopanna J,

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Ashwini Kumar Upadhyay v Union of India

The Court dismissed the petition, stating that only Parliament had the power to provide a uniform minimum age for marriage irrespective of religion or gender.

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Goolrokh Gupta v Burjor Pardiwala

This case will decide if a Parsi woman loses her own religious identity after solemnising her marriage under the Special Marriage Act.

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Sameena Begum v Union of India

Several Public Interest Litigation (PILs) challenge the constitutional validity of polygamy, nikah halala and other related Muslim marriage practices.

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Next Hearing: August 30, 2022

Last Updated:

Bench:Indira Banerjee J, Hemant Gupta J, Surya Kant J, M.M. Sundresh J, Sudhanshu Dhulia J

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