Women's Property Rights

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Sup...

It is mandatory to obtain license to run a women hostel in Chennai. The Government provide law to obtain license for establishing a women’s hostel. A Application should be given to the District collector along with a fees of Rs.3,000/- After receiving the application the collector will make an enquiry about the hostel premises. The Enquiry team consists (1) District Social Welfare Officer, (2) District Child Protection Officer, (3) Project Officer ICDSS, (4) Differently Disabled Welfare Officer, (5) Representative from Health Department, (6) Personal Assistant (Account) to Collector, and (7) Thasildhar or Deputy Thasildhar of respective Jurisdiction. The above team should give a inspection report to the Collector within 20 days. And on the basis of the inspection report the collector may or may not grant the license to run a women’s hostel. When a license is refused the aggrieved party may approach the government within 15 days. Article by Advocate K.P.Satish Kumar M.L. Advocate, ...

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the obj...