Nobel Prize Winners in Australia

Year Nobel Prize Winners from Australia

2005 Professor Awarded the prize for their discovery of the bacterium
Barry Helicobacter pylori and its role in gastritis and peptic ulcer
J Marshall and disease 1996.
Professor
J Robin Dr Peter Charles Doherty: Awarded the Nobel Prize for his
Warren research concerning the specificity of the cell mediated immune
defence.

1975 Sir John His research provided insights into the way the chemistry of
Warcup enzymes is influenced by their three-dimensional structure.
Cornforth

1963 Sir John Carew Awarded the 1963 Nobel Prize for medicine and physiology for
Eccles work on the transmission of the nerve impulse.

1960 Sir (Frank) Awarded the Nobel Prize for medicine for his 'clonal selection'
Macfarlane theory of antibody production and his insights into the
Burne phenomenon of immunological tolerance. It is said he provided
the foundation for modern biotechnology and genetic
engineering.

1945 Sir Howard Awarded the Nobel Prize for medicine for his development of
Walter Florey penicillin. Over the past century, tens and possibly hundreds of
millions of lives have been saved thanks to the work of Sir Florey.

The ramifications of Florey's work have been greater than "just"

penicillin and "just" saving lives the discovery of penicillin's
astonishing properties opened the door to the development of
many other antibiotics.

1915 Sir (William) The youngest recipient of the Nobel Prize which was jointly
Lawrence awarded with his father, Sir William Henry Bragg.
Bragg
Together they discovered the X-ray technique for investigating
the structure of crystals.
Family law has been a crucial area for CLAT and law entrance exams before that, but for
the past few years the number of legal reasoning and legal GK questions have been
drastically increasing. We decided that this is a high time to come up with some
comprehensive material on family law. Credit for preparing this material goes to
Anwesha Pal from NUJS. Please leave any suggestions for new posts or topics you would
like to be covered in the comments or in the forum. We shall try to come up with what
you need quickly. Next post will be a list of direct and indirect taxes, and do NOT miss
that if you are writing CLAT this time, so come back soon.

Expected read time: 40 minutes

Expected read time for a smart reader (using speedreading and other reading
strategies): 20 minutes

Who should read: CLAT aspirants for Legal GK and Legal Reasoning (this will help
you to be familiar with principles), those who will write Symbiosis entrance for BBA and
Law, anyone looking for basic idea about Indian family law. This will also help those
aiming at competitive exams of any sort with a legal or GK component as family law
questions like that on Shah Bano, divorce of muslim women, basic questions about
marriage are regularly asked.

Marriage: The law relating to marriage is different for different communities in India.
Hindus have their own law, which has been codified in statutes for the purpose of
marriage and divorce, as well as adoption, succession and other aspects of family law. As
these laws are sourced from religious texts and is exclusive to religions, sometimes they
are referred to as personal laws. There is a secular legislation in form of Special
Marriages Act as well. However, marriage between two Hindus must be governed by
Hindu Marriage Act. For the purpose of family law, Sikhs, Buddhists, Jains, Brahmas are
treated as Hindus.

For a lawful marriage to come into being, there must be solemnization. The process of
solemnization for different sects will be different. For Hindus, there must be Saptapadi
(the taking of seven steps by the bridegroom and the bride jointly before the sacred fire;
the marriage becomes complete and binding when the seventh step is taken). For some
time now, it is being demanded that registration be made mandatory for all marriages, but
this has been done only in few states so far.

The Hindu Marriage Act, 1955 provides that for the solemnization of marriage between
two Hindus, neither party should have a spouse living at the time of the marriage, neither
party is incapable of giving a valid consent to it in consequence of unsoundness of mind
or though capable of giving a valid consent, has been suffering from mental disorder of
such a kind or to such an extent as to be unfit for marriage and the procreation of
children; or has been subject to recurrent attacks of insanity or epilepsy. The bridegroom
must have completed the age of 21 and the bride the age of 18 at the time of the marriage.

It is also mandatory that the parties are not within the degrees of prohibited relationship
unless the custom or usage governing each of them permits of a marriage between the
two.

Void and Voidable marriages and difference between the two:

A marriage can be held to be null and void if either party has a spouse living at the time
of the marriage, or if they are within the degrees of prohibited relationship unless the
custom or usage governing their marriage permits such a union.

A marriage can be made voidable, if the the respondent was impotent or an idiot or
lunatic, at the time of the marriage and continued to be so until the institution of the
proceedings. It can also be done if the consent for the marriage has been obtained by
force or the respondent was pregnant at the time of the marriage due to having
intercourse with some person other than the petitioner. A voidable marriage is where the
marriage can be called off by either of the parties in the union.

Divorce: A court of law may on a petition presented by either the husband or the wife
dissolved a marriage by a decree of divorce on the ground that the other party-
(i) is living in adultery; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than three
years immediately preceding the presentation of the petition; or
(iv) has, for a period of not less than three years immediately preceding the presentation
of the petition, been suffering from a virulent and incurable form of leprosy; or
(v) had, for a period of not less than three years immediately preceding the presentation
of the petition, been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those
persons who would naturally have heard of it, had that party been alive; or
(viii) has not resumed cohabitation for a space of two years or upwards after the passing
of a decree for judicial separation against that party; or
(ix) has failed to comply with a decree for restitution of conjugal rights for a period of
two years or upwards after the passing of the decree.

Restitution of Conjugal Rights:

If any husband or the wife has, without reasonable excuse, withdrawn from the society
(companionship) of the other, then a district court can ask the wife and husband to live
together as a married couple in the matrimonial home. This is known as restitution of
conjugal rights.
Muslim Marriage: Muslims have their own provisions relating to marriage and divorce.
Islamic marriage (Nikah) is a contract. The following are the features of a Muslim
marriage:
1. There shall be a proposal and its acceptance. The proposal of marriage are tied to
agreements on a dowry (a gift by the family of the groom to the family of the bride) and a
mahr (a marriage gift by the groom to the bride), etc.
2. Competence of parties. Any Muslim who is sound mind and who has attained age of
puberty may enter into contract of marriage.
There shall have to be free consent of both parties to the marriage.
Talaaq: However, the divorce methods are a little elaborate.
Modes of Divorce: A husband may divorce his wife by repudiating the marriage without
giving any reason. Pronouncement of such words which signify his intention to disown
the wife is sufficient. Generally this done by talaaq.

A wife cannot divorce her husband of her own accord. She can divorce the husband only
when the husband has delegated such a right to her or under an agreement. Under an
agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a
Muslim wife had no right to seek divorce except on the ground of false charges of
adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages
Act 1939 lays down several other grounds on the basis of which a Muslim wife may get
her divorce decree passed by the order of the court.

Maintenance: Section 125 of CrPC deals with the provisions regarding maintenance of
wives, children and parents. If any person having sufficient means neglects or refuses to
maintain his wife, or his legitimate or illegitimate minor child, or a major child who is
disabled, or his father or mother, if unable to maintain themselves, has a right to
maintenance. Then a Magistrate of' the first class may, upon proof of neglect or refusal to
maintain, order a person to make a monthly allowance for the maintenance of his wife or
such child, father or mother.

However, alimony is different from maintenance. It is a form of spousal support and an

obligation established by divorce law or family law in many countries. This obligation is
based on the premise that both spouses have an absolute obligation to support each other
during their marriage (or civil union). Alimony is the extension of the obligation to
support after separation or divorce.

It does not include child support, which is another financial obligation to be decided at
the time of divorce. Child support is where one parent is required to contribute to the
support of his or her children through the agency of the child's other parent or guardian.

The present society treats men and women equal, as a result the burden of alimony can
now fall upon either side of the party depending upon the financial circumstances of the
spouses.

The terms and conditions of payment of alimony in India vary from one personal law to
another. In the Shah Bano case, the SC held that S. 125 is applicable to Muslim husbands
divorcing their wives under Muslim personal law.

Many agitated that the Supreme Court infringed on freedom of the minorities by this
judgment, and the Rajeev Gandhi government tried to appease these demands by bringing
in a retrograde legislation in form of Muslim Women (Protection of Rights on Divorce)
Act, 1986. This was looked upon as vote bank politics.

More recently the Supreme Court in Daniel Latifi v. Union of India, (2001) 7 SCC 740
read the Muslim Women (Protection of Rights on Divorce) Act, 1986 with Articles 14
and 15 of the Constitution which prevent discrimination of the basis of sex and held that
the intention of the framers could not have been to deprive Muslim women of their rights.
Further the Supreme Court construed the statutory provision in such a manner that it does
not fall foul of Articles 14 and 15. However, Shah Bano case shall forever be
remembered as a case that witnessed gross miscarriage of justice in the independent
Indian history and where helpless women became victims to the vote bank politics.

Dower or Mahr in Muslim Marriage: In Islamic marriage 'mahr' is a precondition, and

a bridegroom must pay the same to the bride either at the time of marriage or later on. On
divorce, the wife can demand this mahr. It is defined as the woman's portion of the
groom's wealth (on divorce) or estate (on death). Maintenance is not Mahr.
Mahr is a mandatory gift given by the groom to the bride. Unlike a bride price, however,
it is given directly to the bride and not to her father. Although the gift is often money, it
can be anything agreed upon by bride and groom such as a house or viable business that
is put in her name and can be run and owned entirely by her if she chooses.

Dowry
Claiming, accepting and giving dowry is an offence under the Indian Penal Code. Apart
from criminalising giving and taking of dowry, several special sections were created to
deal with dowry death. Section 304 B of the Indian Penal Code of 1960, says that where
the death of a woman has been caused by any burns or bodily injury or occurs otherwise
than under normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her husband or any
relative of her husband for, or in connection with, any demand for dowry, such death
shall be called "dowry death" and such husband or relative shall be deemed to have
caused her death. The punishment is imprisonment for a term which is not to be less than
seven years but which may extend to imprisonment for life.

Dowry means any property or valuable security given or agreed to be given either
directly or indirectly by one party to a marriage to the other party to the marriage or by
the parents of either party or by any other person to either party to the marriage. It may be
given at or before or any time after the marriage in connection with the marriage of the
said parties. But it does not include dower or 'mahr' in case of person to whom the
Muslim Personal Law (Shariat) applies.

Under the Dowry Prohibition (Amendment) Act 1984 prescribes punishment for giving
and taking dowry.

Uniform Civil Code is a term referring to the concept of an overarching Civil Law Code
in India. A uniform civil code administers the same set of secular laws to govern all
people, even those belonging to different religions and regions. This supersedes the right
of citizens to be governed under different personal laws based on their religion or
ethnicity. Such codes are in place in most modern nations. In the Indian constitution
Article 44 provides that the state will implement a UCC for all religions in India. This is a
directive principle of state policy.
Child Marriage Restraint Act: Child Marriage Restraint Act 1929 popularly known as
the Sarda Act after its sponsor Rai Sahib Harbilas Sarda to the British India Legislature in
India was passed in 1929 to fix the minimum age of marriage for girls at 14 years. It was
a result of social reform movement in India. The legislation was passed by the British
Indian Government. Solemnising a child marriage was made punishable under this act.
The Special Marriage Act: the Special Marriage Act, 1954 is secular law of marriages
under which consenting adults of any religion can solemnise their marriage. However, it
does not apply when both the parties to the marriage are Hindus. If one party is a Hindu
but the other belongs to a different religion, their marriage can be solemnised under this
act.

The marriage performed under the Special Marriage Act, 1954 is a civil contract and
accordingly, there are no rites or ceremonial requirements. The parties have to file a
Notice of Intended Marriage in the specified form to the Marriage Registrar of the district
in which at least one of the parties to the marriage has been residing for a period of not
less than thirty days. After the expiration of thirty days form the date on which notice of
an intended marriage has been published, the marriage may be solemnized, unless it has
been objected to by any person.
Statutory Rape: Note that in order to give valid consent to sex a girl must be of 16 years.
To have sex with minor girl below 16 years of age is considered as rape even if the girl
consented to the sexual activity. This is sometimes called statutory rape.

Bigamy: The Chapter on Offences relating to Marriage under the Indian Penal Code of
1860 contains two provisions relating to bigamy – the first of these applicable to married
persons marrying again without concealing from the second spouse the fact of the first
marriage, and the second to those who do so by keeping the second spouse in the dark
about the first marriage. Both of these are punishable by imprisonment that may extend to
seven years, and shall also be liable to fine.

If a spouse if absent from marriage for 7 years or more, and whether he/she is alive or
dead is not known, in that case a person is allowed to presume that the spouse is dead and
may marry again.