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The Kenyan Supreme Court ruled Friday that married couples are not automatically entitled to equal shares of matrimonial property in case of divorce. This precedential ruling stated that upon divorce each partner should exit their marriage with the wealth each of them acquired individually.
Ramasubramanian in response to an application filed by the wife in the divorce petition, who was challenging the upholding of a Family Court’s order by the Bombay High Court in Writ Petition (Civil) 7077 of 2021, which had allowed a DNA test to be conducted on their minor child at the behest of the husband. Nagarathna and Justice V.
Introduction Recent developments in the field of family law in the UAE, in particular the adoption of the so-called “Civil Marriage Laws”, have aroused interest, admiration, curiosity, and even doubt and critics among scholars and practitioners of family law, comparative law and private international law around the world. [1]
In that judgment, the English court ordered the division and transfer of property as part of the distribution of matrimonial property on divorce. Introduction: I have been reporting on this blog some recent cases from the Dubai Supreme Court (DSC) regarding the recognition and enforcement of foreign judgments (see here , here and here ).
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. 267 of the Treaty of the Functioning of the European Union, and art.
Building on the comments, the present article authored by the members of the Marburg Group focuses on the main points of critique and considers the present state of discussion on the proposed Regulation. The Group welcomes the initiative of the Commission and embraces the overall structure of the Parenthood Proposal.
Regarding the right to apply for public housing as a familyunit, the court held that the exclusive spousal eligibility for application for Public Rental Housing and transfer of ownership in the Home Ownership Scheme amounts to discrimination. The decision affirmed the right of homosexual couples to apply for PRH as an ordinary family.
In earlier proceedings of the Delhi High Court in October 2020, the Central Government through Tushar Mehta firmly stated that decriminalization of Section 377 of the IPC does not automatically translate into the fundamental right to marry for same-sex couples. This is precisely what the Central Government is now using as ammunition.
These provisions have been judicially recognized as providing options for families to thwart inter-caste or inter-community marriages, and are likely to have a similar impact on LGBTQ+ couples. The 15 petitions at issue were filed by same-sex couples and LGBTQ+ activists between 2020 and 2022.
had failed to establish reciprocity with the United Kingdom (UK), the DCFI refused the enforcement of the English judgment ( DCFI, Case No. 419/2023 of 17 May 2023 ). One needs also to consider whether some of the recent legal developments are likely to have an impact on the enforcement practice in Dubai and the UAE in general.
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