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India dispatch: Supreme Court limits DNA paternity testing in divorce proceedings, prioritizing children’s privacy rights

JURIST

Indian law students are reporting for JURIST on law-related developments in and affecting India. The Supreme Court of India laid down new guidelines Monday on the circumstances of DNA testing to ascertain the paternity of a child while adjudging a divorce proceeding. Nagarathna and Justice V.

Divorce 151
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Mbatha v. Cutting: Implications for Litigants of Indian Origin

Conflict of Laws

Introduction Rising cross-border migration of people and concomitant increase in lawsuits relating to matrimonial disputes between couples brings to the forefront the issue of conflict of jurisdictional laws ( 219 th Law Commission Report , ¶1.1-¶1.2). The lex situs approach upheld in Mbatha falls under the “partial mutability” rule.

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CJEU on the EU-third State child abduction proceedings under article 10 of the Brussels IIA Regulation

Conflict of Laws

The decision of the High Court of England and Wales (Family Division, 6 November 2020, EWHC 2971 (Fam)), received at the CJEU on 16 November 2020 for an urgent preliminary ruling (pursuant to article 19(3)(b) of the Treaty of the European Union, art. allowing the child’s continuous stay in India.

Court 69
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Issue 1 of Journal of Private International Law for 2024

Conflict of Laws

Saloni Khanderia, The law applicable to documentary letters of credit in India: A riddle wrapped in an enigma? Despite significantly fostering international trade in India, letters of credit and the determination of applicable law in cross-border disputes arising from the same have received negligible attention from lawmakers.

Laws 69
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India dispatches: does Indian law recognize same-sex marriage, or not?

JURIST

India Staff Correspondent Sambhav Sharma, a final year law student at Amity Law School, reports on the Centre’s striking contention in the Delhi High Court today that Indian law still does not recognize same-sex marriages in India. He files this for JURIST from New Delhi. The Delhi High Court in Abhijeet Iyer Mitra v.

Laws 222
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India Supreme Court orders special constitutional panel to consider same-sex marriage laws

JURIST

The Supreme Court of India on Monday ordered a special constitutional panel of five judges to consider a series of petitions related to same-sex marriage. Panels such as these can be established by India’s top court to rule on matters of law requiring constitutional interpretation or involving significant legal questions.

Laws 129
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Domestic Violence Against Women in India

LexForti

Countries, including India, had adopted the Universal Declaration on Human Rights (1948) and the Convention on the Elimination of All Forms of Discrimination to protect women from any kind of violence. The Constitution of India and the legislature have given various laws and protections to women; still, they face domestic violence.