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family law

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438

Meera Dhungana v Office of Prime Minister and Council of Ministers and Others

The petitioner filed to amend a provision in pension payments by the Nepalese Army that withheld payments from married daughters. The Court ruled to invalidate this measure based on the grounds that pension payments to children were stopped at 18 years, before the legal age of marriage, making it obsolete. However, the Court also acknowledged that this provision was contrary to Article 11 of the Constitution of the Kingdom of Nepal which guarantees equal rights to all, in particular highlighting that equality is meant in practical terms sometimes necessitating positive discrimination.

Ohio House Bill 161 (2024) on Removing Spousal Exemptions for Sexual Offenses

Ohio House Bill 161 did not carry a popular short title but is widely described as the bill “removing spousal exemptions for sexual offenses.” It removes spousal exceptions for sexual offenses such as rape and unlawful sexual conduct with a minor, therefore eliminating the loophole that previously protected individuals from being prosecuted from sexual offenses against their spouse. This law also allows a person to testify against their spouse in prosecuting these offenses. 

Pueblo v. Haas (Michigan 2023)

In Pueblo v. Haas, 511 Mich. 345, 999 N.W.2d 433 (2023), the parties were in a long-term same-sex relationship that began before marriage equality was recognized in Michigan. The couple used in vitro fertilization to conceive a child, with the defendant serving as the biological parent listed on the birth certificate. After their relationship ended, the plaintiff sought joint custody and parenting time based on her parental role, despite lacking a biological or adoptive connection to the child.

Sentencia n° 693/2015 Tribunal Supremo de Justicia (Sala Constitucional) (Expediente No. 12-1163)

The Second Superior Court for the Protection of Children and Adolescents in Caracas granted a woman’s petition for divorce, which she based on her husband’s voluntary abandonment for more than five years under Article 185 of the Venezuelan Civil Code. The husband sought constitutional review, leading the Constitutional Chamber of the Supreme Tribunal of Justice to interpret Article 185.

Seychelles Domestic Violence Act 2019 (Act 21 of 2020)

The Domestic Violence Act 2019 supplements the Family Violence (Protection of Victims) Act 2000 by creating criminal offenses for conduct committed in domestic relationships. Section 4 defines “domestic partners” broadly to include spouses, cohabitants, parents of a common child, family members by blood, marriage, or adoption, co-tenants, and persons providing refuge to a victim of domestic violence.

T. (D.) v T. (C.)

In this case, the Supreme Court articulated its view of the nature of marriage and how the value of the contributions of the spouses should relate to property entitlements under Irish law. Referencing the Family Law (Divorcer) Act 1996, the Supreme Court noted that the legislature had not made any mandatory requirements regarding the division of assets in divorce and judicial separation cases; discretion had been left to the court to consider what would be the best and most just resolution of the case at hand.

Гарнага проти України (Garnaga v. Ukraine)

The applicant intended to change her patronymic (this term means a part of a personal name was traditionally derived from the name of the father of the person concerned) to disassociate herself from her biological father and associate herself more closely with her stepfather and half-brother. Despite the fact that the woman successfully changed her surname to the surname of her stepfather, she was not allowed to change her patronymic.

قانون الأحوال الشخصية الأردني (Personal Status Law of 2019)

Article 10 (A) raised the legal marriage age to 18 from the age of 15. However, Paragraph B of Article 10 carves out discretion for the Judge, upon approval of the Chief Justice, to permit the marriage of anyone who is at least 16 years old if it is deemed to be in his or her best interest based on the Judge’s determination. The person would also acquire a legal capacity in relation to marriage and divorce matters.

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