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Dear Subscriber,
Gautam’s paper focuses on comparing the relevant provisions of the PWDVA with the Matrimonial Homes Act, 1967, the Matrimonial Homes Act, 1983 (Amended) and the Family Law Act 1996 of England. These Acts are designed to cover the same areas as are covered by the PWDVA. Hence, through this comparison, the paper hopes to achieve two objectives: first, to ascertain which law provides better protection to non-owning spouses; and second, to determine whether it is possible to incorporate a certain part of the English law into the PWDVA in order to fill some of the gaping holes that have been exposed in recent Supreme Court decisions.

COMPARATIVE FAMILY LAW IN INDIA AND THE UK: THE PWDVA (2005) AND FAMILY LAW ACT (1996) In 2005, the Indian Parliament passed the Protection of Women from Domestic Violence Act (PWDVA). This Act, as the preamble states, is aimed at protecting the rights of women who are victims of violence within the family. The consequent litigation has raised some interesting questions about the rights and obligations of spouses with regard to the matrimonial home. These questions focus on the rights of the non-owning spouse with respect to third parties, the jurisdiction (or lack thereof) of Family Courts, and the scope of terms such as “shared household” and “matrimonial home.” Furthermore, the litigation has revealed various gaps in the Act, and brought to light a number of contesting interpretations of various provisions. Read more...

Dr Manmohan Singh Scholarships 2009 has been announced The Scholarships are available for Doctoral Studies in science & technology, economics and social sciences at St John's College, University of Cambridge, UK. read more...

SPEECHES

Magistrates' Association annual general meeting
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Global Peace and Unity Event
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The long-term future for legal aid: our vision for the future
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