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1. 136.

Special leave to appeal by the Supreme Court


(1) Notwithstanding anything in this Chapter, the Supreme Court may, in
its discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made
by any court or tribunal in the territory of India
(2) Nothing in clause ( 1 ) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted
by or under any law relating to the Armed Forces

2. Section 6(a) in The Hindu Minority and Guardianship Act, 1956


(a) in the case of a boy or an unmarried girl—the father, and after him,
the mother: provided that the custody of a minor who has not
completed the age of five years shall ordinarily be with the mother;

3. Section 2 in The Hindu Marriage Act, 1955


All parties fall under the ambit of hindu

4. Section 19 in The Hindu Marriage Act, 1955


Court to which petition shall be presented. —Every petition under this
Act shall be presented to the district court within the local limits of
whose ordinary original civil jurisdiction—
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition,
resides, or
(iii) the parties to the marriage last resided together, or
[(iiia) in case the wife is the petitioner, where she is residing on the date
of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the
petition, in a case where the respondent is, at that time, residing outside
the territories to which this Act extends, or 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 him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the
municipal limit and the party reside there only, the family Court would
have exclusive jurisdiction to deal with case. The case cannot be
transferred to district court on a ground that the husband resides
outside the limits of municipal corporation; Arjun Singhal v. Pushpa
Karwel, AIR 2003 MP 189.

5. Section 2 in The Hindu Minority and Guardianship Act, 1956


Act to be supplemental to Act 8 of 1890.—The provision of this Act shall
be in addition to, and not, save as hereinafter expressly provided, in
derogation of, the Guardian and Wards Act, 1890 (8 of 1890).

6. Section 9 in The Guardians and Wards Act, 1890


Court having jurisdiction to entertain application.—
(1) If the application is with respect to the guardianship of the person of
the minor, it shall be made to the District Court having jurisdiction in the
place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property
of the minor, it may be made either to the District Court having
jurisdiction in the place where the minor ordinarily resides or to a
District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a
minor is made to a District Court other than that having jurisdiction in
the place where the minor ordinarily resides, the Court may return the
application if in its opinion the application would be disposed of more
justly or conveniently by any other District Court having jurisdiction.

7. Part III of the Constitution


deal with Fundamental Rights. These are: Right to equality, including
equality before law, prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth, and equality of opportunity in matters
of employment.
8. Article 15 in The Constitution Of India 1949
Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth
(1) The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or
condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public
entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the
use of the general public
(3) Nothing in this article shall prevent the State from making any special
provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the
State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes

9. Article 39 in The Constitution Of India 1949


Certain principles of policy to be followed by the State: The State shall,
in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an
adequate means to livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or
strength;
(f) that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment

10. Article 21 of Constitution of India:


Protection of Life and Personal Liberty.

11. ARTICLE 51. Promotion of international peace and security:


The State shall endeavour to —
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and
(d) encourage settlement of international disputes by arbitration.

12. Article 253 in The Constitution Of India 1949


Legislation for giving effect to international agreements:
Notwithstanding anything in the foregoing provisions of this
Chapter, Parliament has power to make any law for the whole or any
part of the territory of India for implementing any treaty, agreement or
convention with any other country or countries or any decision made at
any international conference, association or other body

13. Article 15 of CEDAW


States Parties agree that all contracts and all other private instruments of
any kind with a legal effect which is directed at restricting the legal
capacity of women shall be deemed null and void.

ordinary residence principle

the place where a person resides in the ordinary course of his or her day to day
life. Ordinary residence is established if there is a regular habitual mode of life
in a particular place "for the time being", "whether of short or long duration",
the continuity of which has persisted apart from temporary or occasional
absences. The residence must be voluntary and adopted for "a settled
purpose".

Territorial sovereignty

Territorial integrity is the principle under international law that prohibits states
from the use of force against the "territorial integrity or political
independence" of another state. It is enshrined in Article 2 of the UN Charter
and has been recognized as customary international law.

quidquid est in territorio est etiam de territorio

all individuals and all property within the territory of a state are under its
dominion and sway, and foreign individuals and property fall at once under the
territorial authority of a state when they cross its frontiers.

Comity of courts:

According to Black's Law Dictionary “Judicial Comity”, which can also be


understood as “Comity of Courts”, as the principle in accordance with which
the courts of one state or jurisdiction will give effect to the laws and decisions
of another, not as a matter of obligation, but out of deference and respect.

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