Essay about The Case for Gay Marriage - 1673 Words

â€Å"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.† – United States Supreme Court majority decision in Loving v. Virginia. America is a nation built on fundamental rights. In our Declaration of Independence, our new nation guaranteed its citizens â€Å"Life, Liberty, and the Pursuit of Happiness†. Today, the political debate over the decisive issue of gay marriage forces us to rethink our commitment to those deliberate words. Throughout our history, America’s homosexual population has struggled against society to prove that they have the right to marry anyone they love, regardless of sex. Until only recently, in fact, the vast majority of†¦show more content†¦Most of the opposition would argue that forbidding gays to marry is not discrimination simply because, to them, marriage is defined as a union between one man and one woman. Therefore, many of those against gay marriage are still in support of gay rights and would argue that the state should instead recognize same-sex â€Å"civil unions† and give the civil unions the same benefits of marriage. However, they argue that a gay partnership should not have the designation as marriage. Those in favor of civil unions instead of marriage will tell you the two institutions are equal. But they are not. On the surface, civil unions may sound like a good idea - even I supported them at first. However, I would argue that civil unions are formed out of exactly the same policy as â€Å"separate but equal† from the civil rights movement, which the Supreme Court consequently declared is â€Å"inherently unequal. Although the circumstances of the Brown v. Board of Education â€Å"separate but equal† ruling were different than today’s gay marriage situation, both issues have the same underlying principle. How so? By creating a separate category for same-sex marriage, civil unions are essentially a separate class below the rest of us; a class unfit for marriage - a class for those who are â€Å"unequal† to the rest of us. Marriage and civil unions are fundamentally unequal, and this is clearly unconstitutional, as is shown in the Equal Protection Clause ofShow MoreRelatedThe Case Against Passing a Law or Bill that Would Allow Gay Marriage880 Words   |  4 Pageswhile not stating any specific examples, would allow for businesses to deny their services to anyone who does not align with their religious beliefs, and the Kansas bill would do the same but also specifically addresses beliefs regarding traditional marriage. Both bills, and many others, have caused an uproar of many different people who either support or oppose the passing o f the bills into law. Although religious freedom is an important value and should be upheld, these laws are using it as a licenseRead MoreShould Gay Marriage Be Recognized?1692 Words   |  7 PagesKrisha McCoy Final Paper August 25, 2014 SHOULD GAY MARRIAGES BE RECOGNIZED ACROSS STATES There are many debates going on about whether gay-marriage should be recognized by all United States. Why is it that some states ban gay-marriage but others allow it? Why is it that some states declare that a ban on gay-marriage is unconstitutional yet others say it is not? Why is it that some states recognize gay-marriages from other states but others do not? These are some questions thatRead MoreGay Marriage Should Not Be Condemned1108 Words   |  5 PagesIntroduction There has been heated debate’s concerning gay marriage’s in the world. Some people support gay marriage while others do not. Gay marriage is a marital union that involves two adults of the same gender. For instance, a woman and another or marriage involving two men would constitute a gay marriage. Generally, this issue has been prevalent in the developed countries such as the United States; but it is a fact those kinds of marriages exist in other countries in the world over, only thatRead MoreAmerican Government733 Words   |  3 PagesSupreme Court case Loving v. Virginia (1967) resulted in the striking down of state laws that prohibited whites and African Americans from marrying. Mildred Loving, one of the parties in the case, issued a statement on the fortieth-anniversary of her case in which she urged that same-sex couples be allowed to marry. Q. Are the two issues—laws prohibiting interracial marriage and laws prohibiting same-sex marriage—similar? Why or why not? I believe laws prohibiting interracial marriage and laws prohibitingRead More Gay, Lesbian and Bisexual Issues - Same-sex Marriage is Inevitable1170 Words   |  5 PagesSame-sex Marriage is Inevitable      Ã‚  Ã‚   For many parents, the marriage of their child is a very happy and proud time. Most parents expect their children to get married and have children. But what if their child is gay or lesbian? Their child may have met the perfect person to spend their life with, but their child cannot get legally married. Same-sex couples can hold wedding ceremonies, but the law does not recognize these unions. Many heterosexuals take for granted the benefits that are extendedRead MoreIn Pro of Same-Sex Marriage1009 Words   |  5 Pagesminority, but also being declared illegal. I believe that homosexual marriage should be legal in Georgia. To delve into an issue as divisive as this, understanding why it is illegal in the first place is in order. In 1996 the United States Congress passed DOMA, the Defense of Marriage Act, into law. This law was made in order to define what marriage means when writing laws. The Defense of Marriage Act states â€Å"†¦ The word â€Å"marriage† means only a legal union between one man and one woman as husband andRead MoreThe Marriage Of Same Sex Marriage861 Words   |  4 PagesRedefining Marriage Same sex marriage has been an ongoing debate for many years. Gay people and gay supporters believe that they should be treated equally to marry whoever they want because it is how they feel and people should be understanding of that. By being human they argue that it is their right to have equality. On the other hand, Christians believe that they should not have the right to marry the same sex because it is an attack on the church and degrades the traditional concept of marriageRead MoreArgument Analysis on Gay Marriage1483 Words   |  6 PagesAnalysis on Gay Marriage There are many controversies surrounding todays world, such as abortion, animal testing, and social reform issues. It seems that no one can come to a common agreement on the legitimacy of these topics. Personal characteristics, such as upbringing, culture, religion and ethnicity, all play a role in determining ones feelings on a given controversial issue. However, one of the most protested and discussed issues in current political debate is same-sex marriage. There is noRead MoreUse of Rhetoric in Anna Quindlens Evan’s Two Moms Essays567 Words   |  3 PagesArguments. Also, this essay takes a liberal point of view concerning gay marriage and the ability to raise a child in a gay family. Throughout Quindlen’s essay, her structure introduces ethos, pathos and logos through a variety of court cases to gain the readers trust; she appeals to both emotion and logic in her reader through passion and unwavering intensity, which disapproves of those who take a radical point of view against gay marriage. Anna Quindlen’s structure of â€Å"Evan’s Two Moms† provides theRead MoreGay Marriage and Asian Culture Essay848 Words   |  4 PagesAre gay marriages in Asia viewed with the same perspective as in the American context? The history of gay marriage is short but not liked as much. From the history of gay marriages there are an estimated number of 250 million people who live in places which accept gay marriage; this is about 4% of world’s population. In the 2nd century in Rome, men of the same age were legally allowed to marry where they were considered to be pagans and the marriages were conducted by the Mother Goddess (Celeste

Effects Of Divorce On Children Children s Growth And...

Effects of Divorce on Children Parenting is not an easy task. In fact, many believe it to be one of the hardest things to do in the world. It’s never easy to make a decision. This is even more-so when each decision you make not only directly impacts your life, but also the life of your children. A good parent fifty or more years ago would have been defined as those who provided for their children and taught them to be both respectful and responsible. The primary concern was to ensure they were protected from the dangers of the world while maintaining the essential necessities, such as food and shelter. Times have changed, and with it, the research gathered about our children’s growth and development. Now, we aren’t just talking about how they should grow physically, but also how they should grow emotionally, socially, and intellectually as well. Within the last 30 years or so there have been an immense amount of theories about the development and psychology of children. Along with all these ne w theories also came a new level of stressors and pressures on parents. Although it is still important, ensuring your child is well behaved is no longer the only parents concern. With a new concern of keeping your children’s emotional well-being intact, the responsibility of caring for a child just got that much harder. The emotional piece is much more difficult than that latter because while you can see whether a child is behaving properly or not, you cannot determine the emotionalShow MoreRelatedEffects Of Divorce On Children s Socio Economic Success Essay1704 Words   |  7 PagesOra Fudge English 1302.41430 Prof. Savage 4 Dec. 2016 Effects of Divorce on Children s Socio-Economic Success The family is the lowest unit within the social structure. Basically, a family consists of a couple and their children. Socially, a â€Å"full† family unit is respected while â€Å"one† units are stigmatized. In the past decade, an extensive literature has been developed in relation to the interplay between family structure, family change and child outcomes. In the developed world, marriage isRead MoreThe Other Side Of Divorce902 Words   |  4 PagesOther Side of Divorce Sadness, disappointment, depression, feeling as if life is falling apart. Those emotions continue presented and remained throughout and after a divorce. It tears down many hearts of young and hopeful children knowing that the lives as they know are not going to be the same. Added to the midst of the crisis remains confusions of why their parents have to split to begin with. Most people believe that divorces lead to those negative psychological ramifications in children. PartiallyRead MoreDivorce and Its Effect On Children Essay1500 Words   |  6 PagesI. Introdution Divorce is a heavy concept that has many implications for those involved. The situation becomes even more consequential when children are considered. As divorce has become more commonplace in society, millions of children are affected by the separation of the nuclear family. How far-reaching are these effects? And is there a time when divorce is beneficial to the lives of the children? This paper will examine some of the major research and several different perspectives regardingRead MoreSpeech1150 Words   |  5 Pagesspeak with you every 13 seconds of those five minutes a divorce will occur. At the end of today there will be a total of 6,646 divorces and in one week there will be a total of 46, 523 divorces (Portnoy, 2008). I am here today to be the voice of the children whose parents are divorced and transform the children’s lives but I cannot do this alone and I will need your help. Today we will be discussing the issues, obstacles, strengths of children whose parents got divorced, challenges, and concernsRead MoreHow Parents Handle The Divorce934 Words   |  4 Pagesalso interesting to note, that the symptoms and feelings described above tend to be present regardless of how the parents handle the divorce. Research has shown that even when a divorce is friendly, children still experience the same things and respond in the same ways (Rappaport, 2013). These initial symptoms and reactions however, do tend to fade over time, as children adjust to their new lives (Rappaport, 2013). It is understandable to see the many reactions described above, due to the levels ofRead MoreEffect Of Cohabitation On The Male And Females1287 Words   |  6 Pagesstatistics, over 46% of marriages derived from cohabitation today results in divorce cases and the worsening effects is even higher when the couple involved have cohabited severally in the past. The impacts of cohabitation have no positive effects on the male and females involved or even the children. Studies indicate that cohabiting parents spend most of their moneys on drugs and alcohol irrespective of whether they have children or not (Bradley Corwyn, 2004). The aspects of living in cohabitationRead MoreThe Impact Of Divorce On Children And Adolescents3582 Words   |  15 PagesImpact of Divorce on Children and Adolescents Yauheni Silitski Georgia Gwinnett College Stephan Desrochers Abstract In the following paper, the various consequential effects of divorce upon children and adolescents and their development will be examined. The main purpose of this review is to determine the effects of the effects of the growing epidemic of divorce, what is happening to our children when they confront the reality ofRead MoreWhy Parents Should Not Leave After The Divorce Essay1673 Words   |  7 Pages Divorce is an ill-emotional experience that changes the lives of both parents and their children (Chavez, 2010). The relationship between parents is really important to the children as it makes them feel more confident. Mostly we see these things changing when the parents separated due to the custodial parent as children become more confused in their lives. It also leaves the parents affected. The literature covering this issue suggests that these disturbing events affect parents’ emotional, psychologicalRead MoreThe Single Parent Family Structural Environment And Economic Conditions Can Hinder The Development And Growth Of A Child936 Words   |  4 Pagesday and age many children live in homes where there is only one parent, commonly known as single-parent family. According to 2011 Canada Census Bureau information, the number of children living in single-parent households have gone up since 2001 and almost more than three quarters of these children aged 14 and under are livi ng with single parent family headed by woman (Statistics Canada, 2011). Many times there is the absence of the father in these single-parent homes. Children living in such singleRead MoreThe Impact Of Divorce On Childhood Development2370 Words   |  10 Pages The Impact of Divorce on Childhood Development Based on the Ecological Systems Theory Gianna Marie Helmer, LPN Excelsior College Abstract The first three years of a child s life are the most significant for growth and development, both mentally and physically. Young children perceive situations and events that occur in their environment differently depending on their developmental stage. Urie Bronfenbrenner is a psychologist that came up with the Ecological Systems Theory

Muslim Law Free Essays

string(270) " her at her time of her marriage or at any time thereafter according to Muslim law; and †¢All the properties given to her before or at the time of marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends\." Muslim Law †¢It has been contended that the Mohammadan Law as to maintenance is a law of imperfect obligation imposing a moral and not a legal obligation. According to the Fatawa-i-Alamgiri â€Å"maintenance comprehends food, raiment and lodging though in common parlance it is limited to the first. † †¢As per the Hedaya all those things which are necessary to the support of life such as food, clothes and lodging may confine its solely to food. We will write a custom essay sample on Muslim Law or any similar topic only for you Order Now Thus a person is entitled to maintenance – †¢If he has no property †¢Is related to obligor within prohibited degree The obligator is in a position to support him The persons entitled to maintenance as per Muslim Law are: i) Wife, ii) Descendants, iii) Ascendants, iv) Other relations Maintenance of Wife †¢The maintenance of wife under Muslim Law can be studied under two heads: i) Maintenance during subsistence of marriage, and ii) Maintenance on divorce †¢The obligation to pay maintenance to a wife during the subsistence of marriage arises out of the status arising out of a valid marriage or a pre nuptial agreement. †¢Thus maintenance of wife can be studied under the following heads -Maintenance on i) Subsistence of marriage Arising out of A)Status B) Ante-nuptial agreement ii) Dissolution of marriage A) Under Cr. P. C. B) After Act of 1986 During continuance of marriage i) Arising out of status – Under Muslim Law, the husband is bound to maintain his wife as long as she is faithful to him and obeys his lawful and reasonable orders. The marriage however should be a valid marriage and not which is void or irregular. Also the obligation does not comments if the wife has not attained puberty but commences on the attainment of puberty. In Badruddin v.Aiyasha Begum (1957) All LJ 300, it was held that where a husband marries a second wife or keeps a mistress, the wife may refuse to live with the husband and still claim maintenance. ii) Arising out of Contract – Under Muslim Law, certain ante nuptial and post nuptial agreements entered into between parties to a marriage are valid and enforceable. The husband and wife or their guardians may enter into an agreement whereby a wife is entitled to recover maintenance from her husband on the happening of some specified event such as ill treatment or disagreement or husband’s second marriage etc.ON DISSOLUTION OF MARRIAGE OPTION TO BE GOVERNED BY CODE OF CRIMINAL PROCEDURE If a divorced woman and her former husband declare, by affidavit or any other declaration in writing, either jointly or separately, that they would prefer to be governed by the provisions of Sections 125 to 128 of the Code of Criminal Procedure, and file such affidavit or declaration in the Court hearing the application, the Magistrate shall dispose of such application accordingly.The explanation to Section 125 states that â€Å"Wife† includes a woman who has been divorced wife, or has obtained a divorce from, her husband and has not remarried. Under the new section 125 Cr. P. C. the claim of the wife could not be defeated by divorcing her. However, under Section 127 (3) (b) the Magistrate was ordained to cancel his order passed under Section 125 on proof that the divorcee has received from her husband the whole of the sum which under customary of personal law was payable on such divorce. This under Muslim Personal Law was taken to be Mahr.A divorced woman means a Muslim woman who was married according to Muslim law, and has been divorced by, or obtained divorce from her husband in accordance with law. But under Fazlunbi v. Khader Vali, (1980) 4 SCC 125, the Supreme Court reiterated the decision in Bai Tahira case andJustice Krishna Iyersaid : â€Å"The payment of an amount, customary or other†¦Ã¢â‚¬ ¦must inset the intent of preventing destitution and providing a sum which is more or less the present worth of the monthly maintenance allowance the divorcee may need until death or remarriage†¦.The Court by enacting Section 125 to Section 127 charges the court with human obligation of enforcing maintenance â⠂¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Neither personal law nor other salvationary plea will hold against the policy of public law pervading Section 127 (3) (b)†¦Ã¢â‚¬ ¦Ã¢â‚¬  Bai Tahira v. Ali Hussain Fissalli Chhothia and another, AIR 1979 SC 362 On a simple reading of the explanation (b) of Sec. 125 (1) of the Code it is clear that every divorced wife, otherwise eligible, is entitled to the benefit of maintenance allowance and the dissolution of marriage makes no difference to the right under the current code.The scheme of the provisions in Chapter IX has a social purpose. Section 125 requires as a sine qua non for its application, neglect by husband or father. Where in a petition by a divorced wife u/s. 125 the husband did not examine himself to prove that he was giving allowances to the divorced wife, his case, on the contrary, was that she has forfeited her claim because of divorce and the earlier consent decree held that the husband had no case of non neglect and hence the basic condition of neglect to maintain was satisfied.RIGHTS A Muslim woman at the time of divorce is entitled to the following: †¢A reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; †¢Where she herself maintains the childr en born to her before or after her divorce, reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children; †¢An mount equal to the sum of mahr or dower agreed to be paid to her at her time of her marriage or at any time thereafter according to Muslim law; and †¢All the properties given to her before or at the time of marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends. You read "Muslim Law" in category "Papers"An amount equal to the sum of mahr or dower agreed to be paid to her at her time of her marriage or at any time thereafter according to Muslim law; and †¢All the properties given to her before or at the time of marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends. APPLICATION Where A reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid or †¢The properties referred to above have not been delivered to a divorced woman on her divorce, †¢She or any one duly authorised by her may, on her behalf, make an application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be.Where an application has been made by a divorced woman and the Magistrate is satisfied that- †¢her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provision and maintenance for her and the children; or †¢the amount equal to the sum of mahr or dower has not been paid; or †¢that the properties have not been delivered to herHe may make an order, within one month of the date of the filing of the application, directing her former husband to: †¢Pay s uch reasonable and fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband or, as the case may be. †¢Make an order for the payment of such mahr or dower or †¢The delivery of such properties as referred to above to the divorced woman FAILURE TO PAY If any person against whom an order has been made fails without sufficient cause to comply with the order, the Magistrate may †¢Issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal Procedure and †¢May sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said se ntence being imposed according to the provisions of the said Code.FAILURE TO MAINTAIN HERSELF AFTER IDDAT PERIOD Where the Magistrate is satisfied that A divorced woman has not re-married and Is not able to maintain herself after the iddat period, †¢He may make an order directing such of her relatives who would be entitled to inherit her property on her death according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit her property and at such periods as he may specify in his order.WHERE THERE ARE CHILDREN Where such divorced woman has children, the Magistrate shall order only such children to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, the Magistrate shall order the parents of such divorced woman to pay maintenance to her: Bai Tahira v. Ali Hussain Fissalli Chhothia and another, AIR 1979 SC 362 No husband can claim u/s. 27 (3) (b) absolution from his obligation under Section 125 towards a divorced wife except on proof of payment of a sum stipulated by customary of personal law whose quantum is more or less sufficient to do duty for maintenance allowance. The payment of illusory amounts by way of customary or personal law requirement will be considered in the reduction of maintenance rate but cannot annihilate that rate unless it is a reasonable substitute. The purpose of payment under any customary or personal law must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself. †¢The whole scheme of Sec. 127 (3) (b) is manifestly to recognise the substitute maintenance arrangement by lump sum payment organised by the custom of the community or the personal law of the parties. †¢There must be a rational relation between the sum so paid and its potential as provision for maintenance to interpret otherwise is to stultify the project. WHERE PARENTS ARE UNABLE TO PAYIf any of the parents is unable to pay his or her share of the maintenance ordered by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may, on proof of such inability being furnishe d to him, order that the share of such relatives in the maintenance ordered by him, be paid by such of the other relatives as may appear to the Magistrate to have the means of paying the same in such proportions as the Magistrate may think fit to order. WHERE DIVORCED WOMAN HAS NO RELATIVES †¢Where a divorced woman is unable to maintain erself and she has no relatives as mentioned above or any one of them have not enough means to pay the maintenance ordered by the Magistrate, the Magistrate may, by order direct the State Wakf Board, functioning in the area in which the woman resides, †¢To pay such maintenance as determined by him or, †¢As the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as be may specify in his order. Maintenance under Muslim Personal Law: †¢Maintenance is also termed as Nafaq in Muslim Law.The word Nafaq means food, daily expenditure and lodging. †¢under Islamic law similar to the Christian law, the wife is entitled to maintenance from the husband. But under the Hindu law and Parsi law either spouse are entitled to maintenance. Under the Islamic law the duty to maintain the wife arises as soon as she reaches puberty. The Islamic law differs in this aspect as compared to other personal laws where maintenance is provided irrespective of the age of the claimant i. e. the factor of puberty is not considered. Under the Islamic law, wife loses the claim of maintenance if she is disobedient and refuses to be accessible at all times. This is not so under the other personal laws. The wife does not lose claim of maintenance by being disobedient. The wife under those personal laws loses their claim by factors such as remarriage and unchastity. The wife is also entitled to maintenance in accordance with the stipulations laid in the kabirnama. This aspect of Muslim law is absent in other personal laws, where there is no provision of maintenance according to any contract. Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986: †¢A divorced Muslim woman is entitled to claim maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWA). †¢The Muslim woman can claim for maintenance from her husband only during the iddat period. However, the SC in the landmark case of Daniel Latiffi v. Union of India, interpreted S. 3 (1)(a) of MWA in such a manner that the husband has to make a reasonable and fair provision for maintenance during the iddat period for the future of the divorced wife.After the iddat period if the divorced wife is unable to maintain herself then she has to rely upon her consanguine relatives – children, parents and other relatives who would be entitled to share from her property. †¢This is another aspect in which the Islamic law differs from the other personal laws – under Islamic law the obligation of maintenance is not solely upon the husband, which is the case with the o ther personal laws, but also upon the consanguine relatives. If she has no such relatives or such relatives do not have the means to maintain her and she is also not able to maintain herself, then the court can direct the State Wakf Board to maintain her. The Maintenance of Women Act (MWA) after its enactment disallowed wife to claim maintenance under CrPC. However the wife can claim maintenance under CrPC if both the parties agree to be governed by CrPC, which is unlikely as S. 3 of MWA is in favour of the husband as compared to S. 125 of CrPC. Thus, we can see that the Hindu, Christian and Parsi personal laws are quite similar to each other, whereas Islamic law has many unique features.However, with the effect of Daniel Latiffi case, the substance of the provision of maintenance remains similar i. e. the husband is mainly obliged to pay maintenance to the wife. Despite the muslim women (Protection of Rights on Divorce) Act, 1986 the original controversy was resurrected in Arab Ahemadhia Abdulla v. Arab Bail Mohmuna Saiyadbhai, AIR 1988 Guj. 141. The contention in this case was that in terms of Section 3 (1) (a) of the Act, the maintenance allowance was payable within the iddat period, which implied that it was paid only during the iddat and not beyond it.Rejecting this contention the court pointed out that the Act nowhere specified the period for which she was entitled to get maintenance, nor did the Act provide that it was to be for iddat only. Therefore, the word within meant that he was bound to make and pay the provision and maintenance beyond the expiration of iddat. MAINTENANCE TO CHILDREN AND AGED PARENTS †¢The obligation to maintain children is a personal obligation and arises out of blood relationship as well as a moral duty, which is backed up by statutory provisions. Hindu Law †¢There are two personal law statues amongst the Hindus, which create an obligation to maintain children – HAMA and HMA Maintenance of Children: †¢Section 20 of HAMA imposes an obligation upon the parents –mother and father, both equally to maintain the children – both legitimate and illegitimate. This is a unique feature of the Hindu law where both the parents are equally responsible to maintain the children. S. 20 (2) of HAMA lays down that the children are entitled to maintenance during their minority.This right of maintenance for the daughter is extended till she gets married. The parents are obliged to bear her marriage expenses. However even after marriage a minor married daughter, if she is unable to maintain herself then she can claim for maintenance under S. 125 CrPC. When an application has been filed under section s24 and 25 of HMA, the children are also entitled to get maintenance if the claimant has the responsibility of maintaining them i. e. the claimant’s right to maintenance also includes the right of maintenance of the children.Section 26 of HMA also provides that in any proceeding under the Act the court can from time to time pass interim orders and make provisions in respect of the custody, maintenance and education of the minor children. This is a unique feature of Hindu law where the maintenance can be provided to the children not necessarily under a matrimonial proceeding only but otherwise also. Maintenance of parents: †¢S. 20 of HAMA also lays down an obligation of maintenance o f old and infirm parents who are not able to maintain themselves out of their own personal earnings and property.The HAMA is the first statue in India, which imposes an obligation on the children to maintain their parents. The obligation to maintain is not only limited to the sons but it also extends to the daughters. Under HAMA, both the mother and the father have an equal right to claim maintenance. The explanation to this section also includes stepmother in the term parent. However it is important to note that the section imposes an obligation to maintain only those parents, who are unable to maintain themselves and therefore the obligation to maintain the parents other than those infirm and unable, is only moral.Parsi And Christian Laws †¢Maintenance of children: Under the Parsi and the Christian Laws also there are provisions for the custody, maintenance, education etc of the minor children, which are similar to the Hindu law, even though there is no specific provision for maintenance unlike HAMA †¢However, it is important to note that under these personal laws, the maintenance of the minor child can be awarded only during the matrimonial proceeding and not otherwise.Maintenance of parents: Under the Parsi and Christian Laws there is no provision imposing an obligation upon the children to maintain their parents. The parents who want to seek maintenance can do so only under the CrPC. Islamic Laws †¢Maintenance of children: Under the Mu slim personal law, legitimate (minor as well as major) and illegitimate children are entitled to claim maintenance. The obligation of maintenance of legitimate children is primarily on the father. Which is different from the other personal laws which provides for an equal obligation on both the parents) †¢A Muslim father is under an obligation to maintain his sons until they attain the age of puberty and the daughter till she gets married. The Muslim father is not liable to maintain his adult son unless he is disabled by infirmity or disease. However if the father is poor and incapable of earning, then it is the liability of the mother to maintain the children.If both the parents are poor and incapable of earning then grandfather has to provide for the children. Whereas the obligation of maintenance of the illegitimate children is solely on the mother. †¢The quantum of maintenance can be modified or cancelled on the change in circumstances. †¢Maintenance of parents: Under the Muslim Law, similar to the Hindu law, children have an obligation to maintain their parents. According to Mulla, children in easy circumstances should maintain his father and mother even if they may be able to earn something. How to cite Muslim Law, Papers

Housing Affordability in Australia for yonger Australian

Question: Discuss about the Housing Affordability in Australia for yonger Australian. Answer: Affordability crisis affecting young Australians: Statement of problem This study will deal with the housing affordability in Australia. The housing market in Australia is gaining a lot of attention due to affordability issues. It is not easy to afford a house in some of the most populous areas of Australia due to high prices. Affordability depends on average household income and the average house price. The household income varies from one Australian city to the other. Young people falling in the middle-income bracket find the housing prices as "unaffordable". The number of potential buyers has increased due to tax concessions (Butler, 2017). The existing tax system prompts people to invest more in the property. There are several other factors that have increased the demand for housing. This includes low-interest rates, growth in population and rise in income etc. According to a report published in 2016, the average cost of a house in Australia was more than 12 times the average income of a young professional (Butler, 2017). The percentage of young ind ividuals with their own house has reached an all-time low. Young Australians are struggling to cope with housing expenses. Sydney is one of the most expensive cities in Australia. Australian cities are more expensive than the well-developed cities in the world (Butler, 2017). The interest rate for home loans has a huge impact on the housing market. The Australian government has failed to address the problem of housing affordability by taking corrective measures. Aim and Objectives The main aim of this study is to understand the views of young Australians regarding housing affordability and the proportion of household income spent on housing expenditure. This study will help to understand whether the young unmarried individuals would prefer to buy their own house or stay with their parents. This study also aims to make a comparison between two generations regarding ownership of property. Following are the main objectives of this study targeted towards the research problem: To understand the opinion of young professionals regarding purchasing their own home. To analyze the situation of first-time buyers (Yates, 2008). To understand the factors responsible for the present situation of a housing market. To assess the amount of saving or time duration required by a young individual/ couple to purchase a house (Lamont, 2008). To understand the impact of housing prices on the quality of life and the role of role of government in managing this crisis. Research Methodology A descriptive research will be done for this study. The research for this study will be qualitative in nature. Both primary and secondary data will be used for this study. Primary data will be collected through surveys by meeting the respondents face-to-face or sending the questionnaire through e-mail. Surveys are one of the most widely used methods for conducting a descriptive research (Lamont, 2008). A questionnaire will be prepared to record the responses of young Australians. The questionnaire will be prepared using 3 points Likert scale or 5 points Likert scale (Temple, 2008). The responses obtained from the survey will be used to draw conclusions. Secondary sources will help in acquiring information related to this study. Secondary data will be collected through online and offline modes. Relevant secondary data will be collected through various reports, articles, journals and papers published by reliable sources regarding housing affordability in Australia. Sampling: Responses will be collected from 100-120 respondents on the basis of the questionnaire. The survey will be conducted by using the convenient sampling technique. People belonging to the age group of 20-35 years will be targeted for this study (Yates, 2008). Measurement: Respondents will be made to fill the questionnaire over a given period of time. The questionnaire will be circulated through online and offline modes. The responses will be stored in excel sheets (Lamont, 2008). This compiled data will be used for analysis purpose. The data will be analyzed through tables, charts, and graphs. References Butler, j. (2017).The Government Thinks Australia's Crazy House Prices Are Fine.Huffington Post Australia. Retrieved 3 April 2017, from https://www.huffingtonpost.com.au/2016/12/27/the-government-thinks-australias-crazy-house-prices-are-fine/ Lamont, C. (2008). Housing Affordability Crisis: Fact or Fiction?.Australian Economic Review,41(2), 194-199. Temple, J. (2008). Correlates of housing affordability stress among older Australians.Australasian Journal On Ageing,27(1), 20-25. Yates, J. (2008). Australia's Housing Affordability Crisis.Australian Economic Review,41(2), 200-214.