Introduction
Private international law, also known as ‘conflict of laws’, is the body of law that governs disputes between national or municipal laws of different countries. It is not merely an act of the legislature, a statute, or a code. It is rather a compendious term for describing the cases related to foreign elements. The term ‘foreign element’ denotes the contact with some other system of law and not the law of the forum.
It is a set of rules of law that determine which court has jurisdiction and which law will be applicable to the dispute. These laws give an overall picture of the choice of law with respect to the case involving foreign elements. It deals with a variety of concepts like jurisdiction, conflict of interests between justice, sovereignty, and social needs. It is not a universal law and varies from state to state. What may be applicable in one state may not be applicable in another state. [1]
Key Features of Private International Law
- Determines the appropriate court having jurisdiction.
- Identifies the law applicable to disputes involving foreign elements.
- Addresses conflicts between different legal systems.
- Balances justice, sovereignty, and social needs.
- Differs from one country to another and has no universal application.
Definition by Cheshire
According to Cheshire, “Private international law, then, is that part of the law which comes into play when the issue before the courts affects some facts, events or transaction that is closely connected with a foreign system of law as to necessitate recourse to that system.”
Private international law is not the same in all countries, and no system thereof enjoys universal recognition. [2] It is important to note that the principles of private international law in the area of marriage and divorce, particularly on jurisdiction, are so conflicting in different countries. The meaning and scope of private international law with respect to family laws are more.
Summary Table
| Aspect | Description |
|---|---|
| Alternative Name | Conflict of Laws |
| Purpose | Determines jurisdiction and applicable law in disputes involving foreign elements. |
| Primary Focus | Cases involving connections with more than one legal system. |
| Major Concepts | Jurisdiction, applicable law, sovereignty, justice, and conflict of laws. |
| Nature | Not universal; varies from country to country. |
| Important Areas | Marriage, divorce, family law, contractual disputes, and other cross-border legal matters. |
Sources and Schools of Private International Law in India
India always had an older development of private international law which can be traced back to the colonial period ruled by the British. India had never experienced the genesis and evolution of this law; rather, it can be overlooked as how the English laws are applied in conflicting situations.
Whenever a conflict question arises in the field of law, the common principle is the recognition and enforcement of “foreign judgements”.
Mr Justice P.B. Sawant of the Supreme Court in the case Y. Narasimha Rao v Y. Venkata Lakshmi [3] observed that:
“Statutory provisions relating to private international law in India are very rare. The rules of private international law in this country are not codified and are scattered in different enactments such as the Civil Procedure Code, the Indian Contract Act, the Indian Succession Act, the Indian Divorce Act, the Special Marriage Act, etc. In addition, some rules have also been evolved by judicial decisions.”
Current Legal Framework Governing Private International Law in India
Currently in India, private international law is primarily governed by the Code of Civil Procedure, 1908, and the Indian Contract Act, 1872. These laws deal with jurisdiction, enforcement of foreign judgements, and recognition of foreign laws in civil matters.
| Legal Source | Primary Area Covered |
|---|---|
| Code of Civil Procedure, 1908 | Jurisdiction, recognition, and enforcement of foreign judgments |
| Indian Contract Act, 1872 | Recognition and application of foreign law in contractual matters |
Application and Subject Matter of Private International Law
The basic question that needs to be answered is ‘Why do countries need to recognize other countries’ laws and judgments of foreign countries?’
As the famous quote implies, ‘change is the nature of law,’ it is the basic interpretation that the nature of laws is different from state to state. Issues regarding birth, adoption, marriage, succession, inheritance, etc. are governed by the laws of the land. The need for private international laws arises due to foreign complexion. [4]
Meaning of “Private” and “International”
The word ‘private’ deals with the relationship of individuals rather than the state as a whole, and the word ‘international’ is used to denote the laws of different nations. The subject matter is all about the intersection of foreign law and Indian law along with the right and justice on the other hand.
Judicial Explanation of Private International Law
The case R. Vishwanathan v Syed Abdul Wajid describes private international law. It is not the law governing relations between states. It is simply a branch of the civil law of the state evolved to do justice between litigating parties in respect of transactions or personal status involving a foreign element. Its rules in the very nature of things differ from state to state, but by the comity of nations, certain rules have been recognised as common to civilised jurisdictions. Though part of the judicial system of each state, these common rules have been adopted to decide disputes involving a foreign element and enforce foreign judgements, often as a result of international conventions.
Importance of the Comity of Nations
The comity of nations is the reason for the recognition of the laws, and there is a need for foreign law for the considerations of justice. [5]
Fair justice could be delivered only by looking at the facts and circumstances of the case, and proper law is required to be applied. The court is under a mandate to provide uniformity and equal treatment so that justice is fair and reasonable.
Key Principles of Private International Law
- Recognition and enforcement of foreign judgements.
- Application of the appropriate law based on the facts of each case.
- Uniformity and equal treatment in cross-border disputes.
- Justice based on the principle of comity of nations.
- Resolution of disputes involving a foreign element.
Illustrative Example
For example, an abduction for marriage is done as per the law of the place where it was entered, no matter where the petition is filed.
Distinction with Public International Law
International laws are concerned with private and public laws. “International law now grants rights to all human beings, not only to citizens [6].” Basically, family laws and personal laws give rise to private international laws.
In the case of Indian and General Investment Trust Ltd. v Raja of Kholikhote [7], the meaning of public and private international law was discussed. The court held that ‘private’ means the legal relationship of individuals and not of states. It is not a separate branch of law but a separate and distinct unit in the justice system. It includes both civil and commercial laws.
Public international law regulates the relationship between the states inter se and determines the rights and duties of the subject states in the international sphere. It doesn’t involve a conflict of laws and is applicable to both criminal and civil cases.
Private International Law vs Public International Law
| Private International Law | Public International Law |
|---|---|
| Deals with the legal relationship of individuals. | Regulates the relationship between states. |
| Includes civil and commercial laws. | Determines the rights and duties of States in the international sphere. |
| Commonly applies to family law, marriage, divorce, adoption, and personal laws. | Does not involve conflict of laws. |
| Concerned with cross-border private disputes. | Applicable to both criminal and civil matters involving states. |
Marriage
Marriage is said to be the oldest and most basic institution in Indian society. Being the foundation of the family institution, it is governed by personal religious laws in India. This institution needs adequate attention because of the maintenance of which the public at large is deeply interested.
The conflict of laws arises when the marriage takes place between nationals of different states, or it can be the case of a marriage with an Indian and some foreign country of different or the same religion.
The Foreign Marriage Act [8] acts as a platform for the solemnisation of marriage for cross-border relationships if one party is an Indian national. As per Section 23 of the Act, foreign marriage in foreign countries will be valid.
Family matters such as divorce, adoption, and matrimonial issues in the context of private international law are mostly governed by personal laws like the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.
The sacred bond is lost when the spouses are not willing to continue the relationship.
Validity of Marriages
The maxim ‘locus regit actum‘ means ‘the place governs the act’. With respect to the validity of marriage in private international cases, it is generally governed by lex loci celebrationis, the law of the place where marriage is celebrated.
The marriage which is recognised in the place where it was performed will be recognised all over the world even though it may not be performed as per the countries where they were domiciled.
Characterisation of marriage is the question raised to deal with private international laws, to decide if the following are taken into consideration:
- The personal law of either party.
- The pre-marriage domicile of either party.
- The law of the matrimonial home.
- The lex loci celebrationis.
The validity of marriage is governed by the capacity of the parties to marry, and necessary ceremonies must be performed.
Grounds for Refusal to Solemnize Marriage in India
The marriage can be refused solemnisation in India if:
- The lex loci celebrationis is violated.
- The international law or the comity of nations is against marriage. [9]
Dissolution of Marriage
The dissolution of marriage, which is commonly known as divorce, is an uphill battle when it comes to divorcing a foreign national.
‘Marriage is an institution to save us from the tyranny of sex and also for the progression of the human race. This is the status of the institution of marriage. The institution cannot be degraded. The institution cannot be denounced, and it is the duty and obligation of every generation to try and to sustain the institution.
It is highly important to note that the parties filing for the dissolution of marriage in India must have a domicile in India. In Nurjahan v Tiscenko, the marriage was solemnised in Berlin. The petition for marriage dissolution was dismissed because the parties were not domiciled in India and the court had no jurisdiction. A marriage performed under one religion cannot be dissolved just because one of the parties has converted to another religion.[11] But under the Hindu Marriage Act, divorce can be applied for if one of the spouses ceases to be a Hindu by conversion to another religion[12].
Matrimonial Remedies – Divorce and Theories of Divorce
The conflict of laws arises with respect to polygamous marriages due to the acceptance of such marriages in certain cultures. There are two theories to explain the law relating to the dissolution of marriages, the first one being the consent theory and the other being the breakdown theory.
Common Grounds for Divorce
The common grounds for divorce are:
- Adultery
- Cruelty
- Desertion
- Bigamy
- Rape
- Unnatural sexual offences
Laws Governing Divorce in India
| Sl. No. | Statute |
|---|---|
| 1 | The Indian Divorce Act, 1869 |
| 2 | The Parsi Marriage and Divorce Act, 1936 |
| 3 | The Special Marriage Act, 1954 |
| 4 | The Hindu Marriage Act, 1955 |
| 5 | The Dissolution of Muslim Marriages Act, 1939 |
Choice of Law and Jurisdiction of Courts in Matrimonial Causes
The fundamental question that arises in private international cases is the jurisdiction of the court and the choice of law. The idea behind this is that the court should be able to enforce it after its judgement. India basically follows the “traditional rules of jurisdiction” of England. Jurisdiction in personam and in rem are the two kinds of traditional jurisdiction.
Mostly in the case of issues relating to immovable property, the courts take into consideration the place where the property is situated. The jurisdiction of the courts with respect to personal law is decided on the basis of domicile. Res judicata also plays an important role when it comes to foreign court decisions.
Choice of law comes into the picture after the jurisdiction is decided – which law needs to be applied? In cases of validity of marriage, it is governed by lex loci celebrationis, lex domicilii, and lex fori.
Choice of Law Principles
| Principle | Meaning |
|---|---|
| Lex loci celebrationis | The law under which the marriage was solemnised. |
| Lex’s domicile | The law of the domicile of the parties. |
| Lex fori | The law where the legal proceedings are held or the law of the forum.[13] |
Supreme Court View on Applicable Law
The Supreme Court in the case Y Narasimha Rao and Ors. V Y Venkata Lakshmi and Anr.[14] observed that ‘in matters relating to the matrimonial disputes, the law which can be applied is the one under which the parties married and no other law.’ Also, marriages can take place only under the customary or statutory law in force.’
Intercountry Child Abduction and Jurisdiction
Whereas in the case of intercountry child abduction, the judicial statements rely upon the ‘intimate contact’ as the basis of jurisdiction.[15]
Domicile
Domicile is completely different from citizenship and nationality. It is the permanent intention to reside in a particular place. There is no state domicile for India and only one domicile for the whole of India. In the context of personal laws, the concept of domicile plays a crucial role. The basic principle is that no man is without a domicile. With respect to marriages, a man is entitled to choose his own personal law by way of choosing the domicile.
Three Forms of Domicile
| Type of Domicile | Description |
|---|---|
| Domicile of origin | Domicile obtained at the time of birth. |
| Domicile of choice | Domicile acquired by a competent person during his lifetime. |
| Domicile of dependency | Domicile obtained by the person dependent on the conduct of another person. |
An in-depth understanding of domicile is obtained by reading Sections 4 to 19 of the Indian Succession Act, 1925. Section 15 specifically speaks about the domicile acquired by a woman in marriage. She can acquire the domicile of her husband if she did not have the same domicile before. Also, Section 16 speaks about the wife’s domicile following her husband’s domicile during marriage.
The Wife Can Obtain Her Own Domicile By Way of
- In the case of a wife living separately under the degree of the Court.
- If the husband is under a life sentence.
Sondur Rajini v Sondur Gopal
In the case of Sondur Rajini v Sondur Gopal, the court held that:
“The time at which the domicile is to be determined is when the parties tie the nuptial knot under the Hindu Marriage Act and not the date when an application is made for matrimonial reliefs. As a natural corollary, therefore, even if a party to the matrimonial petition establishes that after marriage he acquired domicile in some other country, it would not take away the jurisdiction of the court in India if, on the date of the marriage, he was domiciled in India. It is unjust that a party to the marriage can change his entire system of personal law by his or her unilateral decision.” [16]
Mandal v Mandal
Mandal v. Mandal [17]
The conflict that arises in the present case is the question of domicile for the matrimonial proceeding. Two Austrian citizens married and came to India due to the war between Germany and Austria in 1939. The couple settled in India and paid proper tax, which denotes that their domicile for matrimonial proceedings is India.
Prem Pratap v Jagat Pratap
It was in the case of Prem Pratap v Jagat Pratap; the wife filed a suit for maintenance as the husband left her in India. The court found that the woman was German-domiciled at the time of marriage, and after their marriage, she followed her husband’s domicile. The court rejected the contention of the wife’s pre-marriage domicile revival and held that the court has jurisdiction over the international present case as the wife’s domicile remains that of the husband.
Characterisation and Theories of Characterization
When the jurisdiction of the court is decided, the next question that the court has to deal with is the characterisation of the issue in terms of private international law. Characterisation, also known as classification, is said to be the most complex issue before the court where there is an involvement of a foreign element in the case. Basically, characterisation is based on comparative law and analytical jurisprudence. The primary characterisation is based on lex fori, and the secondary is lex causae.
Validity of Marriage in the Case of Ogden V Ogden
A man domiciled in France marries a woman who is domiciled in England and does not get the consent of the minor parent as per French law. The husband brought an annulment of this marriage in French court. The question of the validity of marriage arises when the woman marries another man before the annulment of the first marriage.
The court held that the first marriage was valid as per English law. It is based on the doctrine of lex loci celebrations, which is the law of the place of celebration; the marriage was rightly adjudged to be valid. It did not address the classification of questions with respect to French law. And a widely criticised judgement.
Renvoi
‘Renvoi’, being a French word, literally means to send back or return. This doctrine is especially used to solve problems arising out of differences between the connecting factors. The term ‘renvoi’ simply means the process of remitting the case to the place of its origin. Renvoi consists of three processes, namely, the application of internal law, single renvoi, total renvoi, or double renvoi. Always the law of the country is applied in every case, which means the application of internal rules of that law.
Types of Renvoi
| Type | Explanation |
|---|---|
| Single Renvoi | Country A to Country B and back from B to A. |
| Total Renvoi | A to B and B to C. |
Jurisdiction and Divorce
The ground for the jurisdiction is based on the residence of the parties. It is always the question of fact in which the decision varies from case to case.
Jagir Kaur v Jaswant Singh
The petition filed under the Indian Divorce Act can invoke the jurisdiction of the court only if the parties are residing in India. In case of nullity of marriage, it should be solemnised in India.
Divorce under the Parsi Marriage and Divorce Act, 1936, can be brought in the Parsi Chief Matrimonial Courts. It states that the defendant has to be within the limits of the court’s jurisdiction at the time of the proceeding of the suit. If not, it can be brought to the Parsi Matrimonial Court.
Even in the Hindu Marriage Act, 1955, residence is the general rule for the jurisdiction of the courts. But in the Special Marriage Act, 1954, domicile is considered for Indian citizens living outside of the country. The wife who has ordinarily resided in the territory of India for 3 years before filing a petition can approach the district for divorce.
Recognition of Foreign Judgments
With regard to the recognition and enforcement of foreign judgements, the basic principle is that if the court of competent jurisdiction has rendered timely justice to the aggrieved party, the local courts do not look into the questions relating to mistakes of fact or law. The Indian judiciary mostly relies on English laws for deciding private international law. Mostly the basis behind the recognition and enforcement of foreign judgements is the “principle of comity”.
Principle of Comity
- Recognition is generally based on the principle of comity.
- Indian courts ordinarily do not re-examine errors of fact or law once a competent foreign court has delivered a judgement.
- The foreign court must have exercised competent jurisdiction.
In the case of Satya v. Tej Singh[20], the court recognised a divorce decree from the American case Untermann v. Untermann; a husband living in Mexico for one day and obtaining a divorce decree is invalid. When it comes to international aspects of family law matters, India follows the principle of comity and reciprocity. The Indian courts may consider foreign judgements and laws, but they must be in line with Indian public policy and other legal requirements.
Section 13 of the Civil Procedure Code, 1908
Section 13 of the Civil Procedure Code 1908 deals with the recognition of foreign judgements. The section specifies the test of conclusiveness should be satisfied in the case of a foreign judgement. The rules that were laid down in this section are substantive and not merely of procedure.[21]
| Provision | Purpose |
|---|---|
| Section 13, Civil Procedure Code, 1908 | Determines when a foreign judgement is conclusive and enforceable in India. |
| Underlying Principle | Recognition based on competent jurisdiction, comity, reciprocity, and compliance with Indian public policy. |
“The international community should support a system of laws to regularise international relations and maintain the peace in the same manner that law governs national order.”[22]
Recognition of Foreign Divorce
While dealing with the recognition of foreign divorce, the court takes into consideration the following:
- The principles of natural justice
- Public policy
Basically, the Indian courts follow the English courts with respect to the recognition of foreign divorces. Indian law does not develop much in this area.
Anoop Beniwal v. Jagbir Singh Beniwal[23]
The plaintiff approached the court to enforce the English judgement for divorce under the Matrimonial Causes Act, 1973. Based on Section 1(1)(2)(b) of the said Act, the decree of divorce was obtained by the plaintiff. The respondent claimed that the Indian law was not recognised for divorce. The court held that the decree was enforceable in India, as the English Act was similar to Indian law for granting divorce.
Joao Gloria Pires v. Ana Joaquina Peres
In Joao Gloria Pires v. Ana Joaquina Peres, the court, taking into consideration public policy, does not recognise the divorce decree. The decree was given by a Ugandan court based on the fact that divorce is not a valid practice under the Roman Catholic Church.
Changing Dimensions of the Institution of Marriage – Live-in Relationship
“Do not take a marriage for granted. There has to be an effort, there has to be an endeavour, and there has to be a constant attempt to sustain it. The moment people take marriage for granted, there is a disaster.”[24]
The marriages in India have undergone a lot of changes from time to time. The laws had evolved from the abolition of child marriage to the non-recognition of same-sex marriages. A live-in relationship is the new concept of cohabitation of two individuals under one roof with consent. It can be termed a walk-in-walk-out relationship. This type of relationship is valid in India, but there is no law that gives rights to the couples. The Indian society is still conservative and views it as an immoral act with respect to religions.
Legal Position on Live-in Relationships
It was in the case of Badri Prasad v. Dy. Director of Consolidation, 1978, that the court held that when a man and woman live together for a reasonably long period, the court is sufficient to draw the presumption that the marriage was performed according to the customary rites of the parties. There is a need for suitable amendments in the existing laws of India to recognise and protect the couples under this roof. The changing dimensions of marriage have created complexity in dealing with cases of private international law, as there are no specific legal rights entitled to the parties. Some of the rights under a live-in relationship are the right to maintenance and inheritance of property. The woman is also protected under the Domestic Violence Act, 2005.
| Recognised Rights in Live-in Relationships | Status |
|---|---|
| Right to Maintenance | Recognised in certain circumstances |
| Inheritance of Property | Limited recognition depending on facts and applicable law |
| Protection under the Domestic Violence Act, 2005 | Available to eligible women in domestic relationships |
Guardian
The Indian courts follow the principle of jurisdiction which is followed in England. It is based on the lex fori with regard to the Guardian and Wards Act, 1890, and personal law.
Margarate v. Dr Chacko, AIR 1970 Kerala
The question that arose before Kerala High was the recognition of the German custody order. The parties to the case are Margate, German-domiciled, and Dr Chacko, Indian-Christian-domiciled. They got married in Germany and had two children.
As the marriage was not futile, the parties approached the German court for the custody of the children. The German court decreed custody to the mother. Dr Chacko disobeyed the order and flew to India with his children. The wife filed a habeas corpus petition in the Kerala High Court.
Justice Govidhan Nair observed that “It is no doubt that in all cases the court need not blindly follow the order of custody passed by a foreign court, but all courts in all countries respect each other’s orders passed with jurisdiction and passed after a fair contest.”
Based on the interest of the children, the court decided to give custody to the mother and recognised the foreign court judgement which has the competent jurisdiction.
Key Takeaways
- Indian courts recognise foreign judgements primarily on the principle of comity.
- Section 13 of the Civil Procedure Code, 1908, lays down the test of conclusiveness for foreign judgements.
- Foreign divorce decrees are examined on the basis of natural justice and public policy.
- Live-in relationships have created new challenges in private international law due to evolving legal recognition.
- In child custody matters, the welfare of the child remains the paramount consideration while recognising foreign judgements.
Uniform Civil Code
India is known for its diverse religions, and the citizens are governed by their personal laws. The hard-hitting fact is that no uniform civil code governs the people as a whole without any discrimination. It is the duty of the state to secure for its citizens a uniform civil code throughout the territory of India. [25]
Monica Variato v Thomas Varia
The division bench of the Bombay High Court dealing with the divorce case held that private international law is not universal and it varies from state to state. More importantly, what may be applicable in one state may not be applicable in another state. Thus, the unification of private international law is the need of the hour, as the internal laws and private international law adopted by different countries also differ from each other.
If a uniform civil code is implemented in India all citizens will be governed by the same laws in respect of marriage, adoption, inheritance of property, divorce, etc. This will eventually lead to the unification of private international law through regional and bilateral conventions and treaties.
Model Indian Code of Private International Law
Private international law is the need of the hour in India to tackle cases with respect to foreign elements, and hence, a model Indian code of private international law is being suggested and proposed. Based on the study and survey of English laws in the US, Canada, Australia, and various other countries, this model code is prepared. It consists of 9 chapters.
Chapters of the Model Indian Code of Private International Law
| Chapter | Subject |
|---|---|
| Chapter I | General Provisions |
| Chapter II | International Jurisdiction of Indian Courts |
| Chapter III | Rules for Choice of Law |
| Chapter IV | Recognition and Enforcement of Foreign Decisions |
| Chapter V | Legal Capacity |
| Chapter VI | Marriage |
| Chapter VII | Succession |
| Chapter VIII | Obligations |
| Chapter IX | Property |
Conclusion
Private international law in India is largely in the form of case laws, and a minimum effort is taken to legislate the rules, which is seen in diversified enactments. A well-established private international law principle is required for a strong foundation to strengthen international transactions and relations. Nevertheless, unfortunately, private international law is still in its infancy in India, despite its involvement in addressing new legal challenges. Most matters relating to foreign laws are treated as questions of law, with no obligation to take cognisance of the presence of foreign law.
India is labelled as the Federal Republic; in spite of this, the legal system of the country is governed by a single unified system of law, and the constitutional distribution of legislative power between the state and centre is vanishing day by day. This depicts that there is no scope for the development of private international law.
In modern days, increased cross-border cases raised before the domestic court and the need to evaluate foreign judgements have created a compulsion to overlook the issue with the utmost attention. The author would like to conclude by stating that there is a need for the development of a transparent and robust system of private international law to suit the sensibilities of the Indian legal system and to level up the systematic approach towards the conflict of laws.
Key Highlights
- India presently follows different personal laws based on religion.
- A Uniform Civil Code could lead to greater uniformity in private international law.
- A Model Indian Code of Private International Law has been proposed with nine chapters.
- A comprehensive statutory framework is needed to strengthen international legal relations.
- The increasing number of cross-border disputes makes reform more urgent than ever.
Endnotes:
- Monica Variato v Thomas Varito, 2000 (2) GLT 149 (165)
- Satya v Teja Singh, AIR 1975 SC 105: 1975 Cr LJ 52: (1975) 1 SCC 120
- (1991) 3 SCC 451.
- Cheshire and North, Private International Laws, p. 5.
- Satya v Teja Singh, AIR 1975 SC 105.
- Kofi Annan.
- AIR 1952 Cal 508.
- The Foreign Marriage Act, 1969, was enacted due to the recommendations of the Third Law Commission.
- Sections 11(2) and 17(3) of the Foreign Marriage Act, 1969.
- Taken from Compilation of Landmark Judgments of High Courts of India on Family Matters, Year of Publication: 2016, compiled by the Jharkhand State Legal Services Authority.
- Saeeda Khatun v Obadia.
- Section 13(1)(ii), Hindu Marriage Act, 1955.
- Black’s Law Dictionary, 8th Edition, 2004.
- Y. Narasimha Rao and Ors v Y. Venkata Lakshmi and Anr., (1991) 4 SCC 451.
- Surindar Kaur Sandhu v Harbax Singh Sandhu & Anr., AIR 1984 SC 1224; Sarita Sharma v Sushil Sharma, (2000) 1 SCR 915; Ravi Chandran v Union of India, (2010) 1 SCC 174.
- Sondur Rajini v Sondur Gopal, 2005 (4) MhLj 688.
- Mandal v Mandal, 1956 Punj. 215.
- 1908, p. 46 (Court of Appeal).
- Jagir Kaur v Jaswant Singh, AIR 1963 SC 1521.
- AIR 1975 SC 105: 1975 Cr LJ 52: (1975) 1 SCC 120.
- Sardar Maloji Nar Singh Rao v Sankar Saran, AIR 1962 SC 1737.
- Pope John Paul II.
- Anoop Beniwal v Jagbir Singh Beniwal, AIR 1990 Del. 305 at 311.
- Taken from Compilation of Landmark Judgments of High Courts of India on Family Matters, Year of Publication: 2016, compiled by the Jharkhand State Legal Services Authority.
- Article 44 of the Constitution of India, 1950.
