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Navigating the Intricacies of Family Law: Protecting the Ties That Bind
Introduction Family is the cornerstone of society, and family law plays a crucial role in preserving and regulating the relationships within it. With its multifaceted nature, family law encompasses a wide range of legal matters, including marriage, divorce, child custody, adoption, and domestic violence. This article explores the key aspects of f...
JUDICIAL APPROACH TO SECTION 9 OF HMA,1955
Introduction Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights. It provides a legal remedy to a spouse who seeks the resumption of marital cohabitation when the other spouse has willfully withdrawn from the relationship without any reasonable cause. The cure of Restitution of Conjugal Rights is new for the ...
WAIVER OF THE COOLING-OFF PERIOD: Shilpa Sailesh vs Varun Sreenivasan(2023)
ISSUE 1. Whether the period prescribed in sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955 can be waived or reduced by the Court in exercise of its jurisdiction under Article 142 of the Constitution? 2. What could be the broad parameters for exercise of powers under Article 142 [https://indiankanoon.org/doc/500...
MAINTENANCE LAW: A GENDER NEUTRAL APPROACH
INTRODUCTION Maintenance between spouses refers to financial support provided by one spouse to the other during or after the dissolution of their marriage or separation. It is intended to ensure that both spouses can maintain a reasonable standard of living after the relationship ends, particularly if one spouse has a lower income or financial ...
Law on Child Custody after Divorce in India
Introduction The concept of divorce has been in India for a long time now and has been met with mixed reactions. While divorce is seen as a way out from an unhappy marriage, it often has an adverse effect on children especially in cases of child custody. This article will discuss the law on child custody after divorce in India and the various aspe...
Right to Maintenance of Parents under Indian Law
Maintenance is a vital component of family law in India. It is defined as the provision of financial support to one's spouse, children, or other dependents. This can include both monetary and non-monetary forms of support, such as providing food, clothing, shelter, education, and medical care. Under the Indian legal framework, both parents have the...
Ex-Parte Divorce and Validity of Second Marriage Thereafter
In family law, an ex-parte divorce is a type of divorce, in which one spouse has filed for divorce without the consent of the other spouse. In such a divorce, the court may grant the divorce without the other spouse being present in court. This type of divorce is usually granted when the other spouse is not able to attend court due to being out of ...
Understanding Cooling-off Period in Divorce Matters
Divorce is a difficult process that can be both emotionally and financially draining. It can be especially hard for the parties involved when both sides are unwilling to reach an agreement and the proceedings become protracted. In these cases, a cooling-off period may be necessary for the parties to consider their options and come to a decision. Th...
Understanding the Concept of Irretrievable Breakdown of Marriage
Irretrievable breakdown of marriage is a term used for the legal dissolution of a marriage. It is a process of ending a marriage that has become irretrievably broken down and is no longer salvageable and reconciliation is not possible. In India, the concept of irretrievable breakdown of marriage was introduced through the Hindu Marriage Act, 1955, ...
Maintenance under Section 125 CrPC
Introduction Maintenance is the term used for the financial support provided by the husband to his wife and children, under certain circumstances, as per the Indian law. Maintenance is provided under different sections of the Indian legal system, such as Section 125 of the Criminal Procedure Code (CrPC), Hindu Adoptions and Maintenance Act (HAMA), ...
Differentiating between Bigamy and Adultery under Indian Law
Bigamy and adultery are two of the most common offenses in India, governed by different laws and having different implications. Bigamy is a criminal act, while adultery is not. Although both are serious offenses, the consequences of each vary greatly. Bigamy is defined in India as the act of marrying someone while still legally married to another. ...
Benefits of having a Registered Will
A registered will is a legal document that outlines the wishes of an individual regarding the disposal of their estate after their death. It is a document that is recognized by the court and can be used to settle any disputes that may arise over the distribution of assets. Having a registered will ensures that your wishes will be honored and that y...
Difference Between Judicial Separation And Divorce under Hindu Law
Introduction Divorce and Judicial Separation are two different legal procedures that terminate a marriage. Divorce is a legal process which puts an end to the marriage, while Judicial Separation is a legal process which allows the spouses to live separately, but does not end the marriage. Under Hindu Law, both divorce and judicial separation are go...
All you need to know about Mutual Divorce & Cooling Off Period
Mutual Divorce is a process of legally dissolving a marriage between two partners. It is a concept of divorce which involves both parties agreeing to the terms of the divorce without the need for a court trial. This is an amicable way to end a marriage and usually results in much less stress and anxiety than a contested divorce. In India, mutual di...
Succession through Will Under Indian Law
Succession through will is a process of transferring the ownership of an individual’s estate to another after their death. In India, the Succession Act of 1925 governs the process of succession through will. It specifies the conditions that have to be met in order for a person’s will to be valid and recognized by the court. The Act also states the ...
LAND OF THE RISING DIVORCE
Divorce has always been a sensitive issue in India, and in recent years, there has been a rise in the number of divorce cases. India has traditionally been a country where marriage is considered to be a sacred bond between two individuals and their families. However, with the changing social and economic landscape, divorce has become more common in...
Domestic Violence Act & The Rights of Men and Women
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India, enacted "to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto." The Act came into forc...
How Permanent Alimony is Decided in India?
Alimony or maintenance, is a form of financial assistance given to a former spouse following a divorce. This support is typically granted if the recipient spouse lacks sufficient means for the basic necessities. While the Hindu Marriage Act permits either spouse to receive alimony, it is generally husbands who are required to provide maintenance or...
Uniform Civil Code (UCC) and the Personal Laws
What is Uniform Civil Code? The Uniform Civil Code is a proposed law that aims to formulate and enforce a set of personal laws that apply equally to all citizens, regardless of their religion. This would mean that all individuals, irrespective of their religious beliefs, would be subject to a uniform civil code that covers various areas such as ma...
Devolution Of Property Of A Hindu Female Dying Intestate
The Hindu Succession Act, 1956 was enacted during the post-independence period, and it was one of the four Acts included in the Hindu Code Bill. This Act outlines the succession plan for Hindus who pass away without creating a Will. Section 15 of the Hindu Succession Act, 1956 specifies the scheme of succession of Hindu women dying intestate. Acc...
Can Husband Claim Maintenance from Wife in Divorce?
The term "maintenance" refers to the provision of necessities essential to sustain life, such as food, clothing, shelter, education, and medical expenses. In India, various laws have been enacted to ensure that wives are provided with maintenance, including Section 125 of The Criminal Procedure Code, 1973, The Divorce Act, 1869, The Special Marriag...
Legal Aspects of Adoptions under Hindu Law
Adoption can serve as a wonderful remedy, not just for individuals or couples unable to conceive, but also for homeless children. This legal procedure facilitates the formation of a parental bond between individuals who are not biologically related. Essentially, it involves the act of raising and nurturing a child who is not one's own biological of...
Judicial Separation and Divorce under Hindu Law
Marriage is considered as a sacrament under Hindu religion, representing an indissoluble bond between the husband and wife that is formed through sacred rituals and customs. The Hindu Marriage Act, 1955 provides the legal framework for obtaining judicial separation and divorce. Judicial separation is the suspension of marital duties and rights with...
Anti Suit Injunctions in Family Law and Relevant SC Judgments
An anti-suit injunction is a specific type of injunction that prohibits one of the parties involved in a legal dispute from pursuing legal action in a foreign court. Essentially, this type of court order prevents a party from either starting or continuing proceedings in another jurisdiction. For instance, in a scenario where two entities located ...
MODES OF TRANSFERRING IMMOVABLE PROPERTY
Transfer of immovable property involves a change in ownership of the property being transferred. A transfer can happen in two ways, by act of parties, or by operation of law. This article enumerates the modes of transfer by act of parties, under the Transfer of Property Act, 1882 (“the Act”). What is immovable property? While the Act does not ...
Validity of Prenuptial Agreements in India for Marriages
A prenuptial agreement is an agreement entered into by couples prior to their marriage. This document is typically signed, registered, and notarized, and serves to outline the distribution of assets and liabilities, as well as issues relating to the custody of children in the event of a divorce or annulment. By setting out the terms of how the part...
Importance of Will in Indian legal System
Will is a legal document, by which a person, declares his/her intentions, wishes or decisions regarding how his/her wealth, assets, and properties, whether moveable or immoveable, tangible or intangible, is to be distributed after his/her death. A will usually names one or more persons as the Executor, who manages the estate or the properties menti...
Same Sex Marriage Laws in India
l Same-sex marriage under Hindu law According to Section 5 of the Hindu Marriage Act, a marriage may be solemnized between "any two Hindus" provided that certain conditions are met. The conditions outlined in the act use gender-neutral terms such as "party" and "parties," with the exception of Sub-section (iii), which requires that the bridegr...
Divorce by Mutual Consent under Hindu Law
Divorce by mutual consent, also known as mutual divorce, involves both spouses agreeing that they can no longer continue living together and that the best course of action is to legally end their marriage. This requires both individuals to provide written consent for the divorce and, if they have children, to make arrangements for child custody and...
Divorce on Grounds of Cruelty in Matrimonial Cases
Marriage is a complex and emotional bond that requires mutual trust, respect, love, and compromise in order to thrive. It is governed by societal norms and laws, which have been put in place to reflect the changing social order. Divorce is the legal dissolution of a marriage, allowing individuals to separate from their spouse and be released from t...
Maintenance to Working Women cannot be Denied
Husband cannot deny maintenance to working wife on the grounds that he is taking care of the expenses of the child such as school fee etc. Maintenance has been defined under the Hindu Adoption and Maintenance Act, 1956. Section 3(b) of the Act provides - “Maintenance” includes: (i) in all cases, provision for food, clothing, residence, edu...
How to get a Mutual Divorce if Spouse is out of India
In a divorce proceeding, if one of the party is unable to be present for the execution of divorce proceedings because he/she lives outside of India, he/she can give someone else the authority to represent through a notarized Power of Attorney. This can be done by filing an application with the Family Court under Order III Rule 2 of the Code of Civi...
Misuse of Matrimonial Laws by Women’s: The Gender’s Advantage
India as a nation has always been looked upon as a male dominated society and hence the laws of the country are drafted as such in order to favour and protect the rights of the women as victims. Indian laws have always been the skeleton of its society’s system. Although the country has crossed many landmarks in the history of gross rate of developm...
Types of Cruelty as a Ground for Divorce
The Hindu Marriage Act of 1955, which governs marriages between Hindus, as well as the Special Marriage Act, 1954, which governs marriages regardless of religious denominations, contain an identical ground for divorce, “cruelty” after solemnization of the marriage. The Hindu Marriage Act,1955 contains several grounds for divorce. According to s...
Settlement in Divorce Law with Mutual Consent
According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file the petition in the Family Court with jurisdiction to grant the divorce by mutual consent. The terms of getting a divorce by mutual consent and filing for divorce are specifically mentioned in the statute. Regardless of whether the marriage was consummated ...
Waiving Off Cooling Period
Introduction: The Supreme Court of India created a new viewpoint on how divorce proceedings under the Hindu Marriage Act, 1955 are handled. It questioned the veracity of the cooling-off period required by the Hindu Marriage Act in all circumstances for mutual or consent divorces. The Apex court held that it lacked the authority to disregard the...
Indian Court on Recognition of Divorce Decree under Section 13 of CPC
Introduction: The extent to which foreign decisions are decisive in India is covered by Section 13 of the Code of Civil Procedure, 1908. When we refer to "foreign judgements," we mean decisions made by courts that are located outside of India's borders and over which the central government has no control. According to Section 13, a foreign dec...
ADOPTION UNDER FAMILY LAW
Adoption can be defined as an act by a person through which he takes a child from his biological family or natural parents or an orphan to his family and treats him as his own. Adoption as a concept has been in practice since ancient times and exists in various legal systems and personal laws. ADOPTION UNDER VARIOUS RELIGIONS · HINDU LAW U...
DIVORCE UNDER INDIAN LEGAL SYSTEM
What Is Divorce? Divorce, which is also known as dissolution of marriage, is the process of ending a marriage or marital partnership. Divorce involves rearranging or removing the legal obligations and responsibilities of marriage, which dissolves the bonds of matrimony between a married couple under the specific legal system of the nation or state...
Nomination vs. Succession for Claiming Rights in the Immovable Property
According to Black's Law Dictionary, "Nomination" and "Nominee" refer to people who have been put forward as candidates for a position or appointed to fill a position. A nominee is a person named to receive property or investments in the case of a deceased individual. A nominee need not be a relative or a legal heir. When a person dies, their p...
LAW ON SUCCESSION
The right of inheritance or succession is the devolution of property, titles and debts from one person to another on that individual’s death. Inheritance, or right of inheritance, is the passing on of property, titles and debts to another person upon another's death. Family partition can happen when the decedent leaves no will behind, or if th...
LAW ON WILLS
Laws of Succession establish the order in which assets will be distributed among family members after someone dies. A will divides a person's estate among beneficiaries in an order specified by the testator. Unlike individuals, corporations in perpetual existence have separate laws governing their dissolution and are covered by laws relating t...
Defining Probate, Letter of Administration and Succession Certificates through Legal Lenses
Probate Section 2(f)1 of the Indian Succession Act, 1925 defines probate as a certified copy of a will made by court order. Through this process, the rights to administer an estate are granted to the applicant—usually the executor named in that will. It is a judicial process through which the validity and authenticity of a will are determined in c...
Matrimonial Issue: Law regarding Domestic Violence and its Protection
Domestic Violence is a pattern of behavior that one person uses to control another. It can take many forms, including physical and emotional abuse or economic exploitation. Coercive control is the use of threats, economic deprivation and harm to physically restrain another person. This form abuse can be physical or sexual in nature- it often involv...
Partition of property in India
WHAT IS THE PARTITION OF PROPERTY? A division is the partition of a property which is jointly held by many people, generally the family members. So that everyone gets their part of property and is the owner of the part assigned to them. It’s done by dividing the property equally among every member of the family as per the law applicable to them. ...
Hindu Law on Divorce in India
India derives a large area of law from various religious practices being a secular nation. One of the areas is the Laws on Divorce. Divorce is the process of terminating the marriage; this is the way from which both partners get their own way. Divorce can be with either mutual consent or without consent which is called contested Divorce. The disso...
Is The Domestic Violence Law Getting Misused?
What is Domestic Violence? Generally, we see female partner being harassed by her partner through many ways like as a part of “Sexual Abuse”, “Physical Abuse”, “Emotional Abuse” and etc. It is due to the consequences of taking actions such as their lives getting unsettled, they hesitate to take any such actions. However, the government enacted law...
Laws Related to Separation: Divorce
INTRODUCTION When a court or other competent authority ends a marriage lawfully, divorce occurs. It entails a number of financial, emotional, legal, and parental difficulties. When a couple no longer wants to remain together, a divorce is frequently their last option. By choosing this legitimate approach to end the marriage, they can decide to liv...
Child Custody
INTRODUCTION Child custody is the term used to describe the legal relationship between a parent and a child. Child custody includes the parent's ability to raise, look after, and make decisions for the child. Naturally, all decisions regarding the child's residence, healthcare, education, and religious upbringing are made by the child's biological...
Right of Woman and Child | Matrimonial Laws
‘Marriage’ is that social instrument in India, which requires a woman to leave their parental home and shift to her matrimonial home with their husband. This marriage creates an obligation upon the husband and his family to provide shelter, care and protection to the wife and also to incur expenses towards her well-being which is her right within t...
Divorce-Section 13 of Code of Civil Procedure
INTRODUCTION: The Civil Code of India gives equal recognition to foreign judgment as to the domestic ones. The legal concept on which it is thrust upon is given under Section 13 of the Code of Civil Procedure which underlines ‘Recognition of Foreign Judgments by Civil Code’. The explanation to the particular part of the section says that the forei...
Cruelty in Matrimonial Affairs that poses Grounds for Divorce
The human mind is tremendously complex, and human behaviour is no less so. Human creativity knows no bounds, therefore encapsulating all human behaviour in a single description is nearly impossible. The term "cruelty" has a broad definition. In certain cases, what is cruel in one circumstance may not be cruel in another. It varies based on a person...
Mutual divorce Settlement Agreement | Download Free Templates
1. What is a Mutual divorce Settlement Agreement ? A Mutual divorce Settlement Agreement is generally required when married couples want to mutually separate from each other and proceed with filling of the mutual consent divorce peition in the court. This settlement deed is compulsory document which needs to prepared, signed and filed by the pati...
Hijab Ban 一 Rules & Regulation over Freedom
HIJAB BAN 一 RULES & REGULATION OVER FREEDOM The ongoing commotion in Karnataka over the donning of the hijab in educational institutions has revived the discussion about religious freedom. These are acknowledged human rights as well as legally granted fundamental rights. As a result, the hijab prohibition must be seen through the lens of Internat...
Marital Rape | Explained
MARITAL RAPE | EXPLAINED | NO MEANS NO Marriage is a legally binding agreement between two people. It is legal for a husband and wife to have sexual relations. Because sex is legal, a husband gains power over his wife, which becomes the sole cause of marital rape. India is one of countries that have not yet made marital rape a criminal offence. D...
Marital Dissolution Agreement | Download Free Templates
1. What is a Marital Dissolution Agreement ? A Marital Dissolution Agreement is generally required when married couples want a divorce to dissolve their marital relationship and file for the dissolution. These agreements usually cover property division, child custody, child plans, debt division, spousal support and any other relevant issues rela...
Know About Daughter's Right in Father's Property
What are the property rights of daughter? Or what are the daughters right in fathers property? Hindu law is based on ancient scriptures and has evolved over time as a result of court decisions. The Hindu Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act, and Hindu Minority and Guardianship Act were all passed to codify some of ...
Will Deed | Download Free Templates
1. What is a Will deed? A will is a form of conveyance document that is used to transfer title of a property through a legal declaration by a person, the testator. This document ensures that the property of a person is being transferred as per his wishes and consent. It is a unilateral (one party) document which takes effect after the death of th...
"Marital Rape Laws in India as a Ground for Divorce"
We have to grasp the concept of rape before discussing the phrase marital rape. Rape is defined as a male who commits rape when he enters his penis into a woman's vagina, in whatever way, according to section 375 of the IPC in 1860. It is intangible how much it has gone into the vagina. Even a man's least penetration into a woman's vagina is like r...
#AMALawyered on Provisions of divorce on ground of mental cruelty with Adv. Ravi Jadhav
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Ravi Jadhav Question: What are the provisions of divorce on ground of mental cruelty?
"Execution of Foreign Wills in India" By Murtaza Chherawala
According to a UN Report published recently, about 18 million people living abroad during the year 2020. Having invested about billions in the Indian real estate market alone during this Financial Year 2021, Non-Residential Indians (NRI’s), Persons of Indian Origin (PIO’s) and even Foreigners settled abroad hold sizeable movable and immovable pr...
From marriage to live-in relationship - Changing dimensions in modern India #EnablingFutureLawyers with Adv. Prasanna Joshi
Presenting a one-of-its-kind month long talk show for chancellors/Vice-chancellors to know the present scenario of legal education and how the students are preparing themselves for the betterment of the nation.This series of events is to bring out the importance of legal knowledge and how it is equipped in the students. The next episode brings toge...
Rights of second wife #MentorHours by Adv. Sharada
Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. Even though the law is very clear on this point, 'second marriage' is a common practice in Indian society. As a result of the aforementioned contrast between the law and social practice, second wi...
Division of property during divorce #AMALawyered by Adv. E. Shelly
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. E. Shelly. Question: Me and my wife have recently undergone divorce, will there be any division of property?
Legal provisions related to adoption #AMALawyered by Adv. Hazari Maneesh Shukla
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Hazari Maneesh Shukla Question: What are the legal provisions related to adoption?
Adultery as ground of divorce #AMALawyered by Adv. Ujwal Phasate
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Ujwal Phasate Question: What are the provisions of "Adultery" as ground of divorce?
The rights of an unborn child #AMALawyered by Adv. Sharada
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Sharada Question: What are the rights of an unborn child?
Inter-caste marriages in India #MentorHours by Adv. Jahanara Sarkhot
We have all heard about inter-caste marriages in India and how society responds to it. But do you know the legal provisions related to it? How are these marriages registered? Lawyered is pleased to announce its next session of #MentorHours [https://www.youtube.com/hashtag/mentorhours] on Inter-caste marriages by Adv. Jahanara Sarkhot who will expl...
"Divorce under Marital Laws" By Milind Kale
India being a secular country, follows all kinds of customs and religious practices. Some religious practices are also backed by law, especially marriages and divorce, which are basic and major life functions. Marital laws in India is broadly dissected into the Hindu Marriage Act of 1955 that governs the Hindus, Indian Divorce Act of 1869 and India...
"Marital Rape: A Non-Criminalized Crime in India"
Rape is a grave offence against women. The intrusion of a woman’s dignity and self-esteem without her permission and it, when her husband commits such an act, then a woman is merely considered an object fulfilling one’s sexual desires. As per the Oxford dictionary, “the rape committed by the person to whom the victim is married is marital rape.” ...
"Purpose and Procedure For Drafting A Family Constitution" By Dr Vinod Surana
[https://prod-lawyered.s3.amazonaws.com/media/blogHone/articleImages/ca2e1b45895e4d7ca7aaed48ad76ba52.gif] Introduction A family constitution essentially is a charter that documents the values and principles of a family business. The family constitution contents essentially underline the values and principles of the business while also providing ...
"Divorce By Mutual Consent" By Kawaljit Singh Bhatia
Co-Author: Aditi Das INTRODUCTION Marriage has continuously been considered as a sacred relationship in each religion around the world. It is said that connections are made in paradise, and couples fair meets each other on the soil. It isn't fair to have a relationship between two individuals, but a relationship between two diverse families. Two ...
"How Succession Laws Work In India" By Kawaljit Singh Bhatia
Laws of Succession relate to legitimate standards of conveyance of resources of an expired person. These incorporate the arrangement in which one individual in an inclination of any or one individual after another or any one individual in specific share with any other individual succeeds to the property/estate of the perished individual. Corporate ...
Managing Family Business Issues - A conclave with Surana & Surana International Attorneys
“Family, the nucleus of every civilization and the biggest social institution in the world” A webinar dedicated to the family businesses which constitute almost 80% of the world’s GDP. Lawyered welcome you to another session of #MentorHours in association with Surana & Surana International Attorneys, Chennai, India [https://www.lawyered.in/lawyer-p...
#MentorHours by Lawyered on 'A to Z of Procedures in Divorce Laws'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on #MentorHours by Lawyered on 'A to Z of Procedures in Divorce Laws'. The webinar was conducted by Adv. Pratik Harsh [https://www.lawyered.in/lawyer-profile/pratik-harsh-5581/] a...
Divorce By Mutual Consent in India Under Hindu Law | Lawyered
"DIVORCE THROUGH MUTUAL CONSENT" BY DUSHYANT TIWARI Marriage has been recognised as a divine ritual within Indian culture. Marriage is not only a union of two people but of two souls or what we call a union between two families. However, if we study the legal language associated with marriages, then the definition of marriage sticks to the convent...
What recourse do I have to reclaim property I am entitled to? By Adv. Vaishvi Khare | #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Vaishvi Khare [https://www.lawyered.in/lawyer-profile/vaishvi-khare-5584/] - Founder & Partner, Vidhinyas Solicitors & Associates in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: My house is in the name of my father who sudde...
What are documents required to file for a divorce? By Adv. Vaishvi Khare | #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Vaishvi Khare [https://www.lawyered.in/lawyer-profile/vaishvi-khare-5584/] - Founder & Partner, Vidhinyas Solicitors & Associates in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: I got married in 2017 in an arranged setting. ...
What are the grounds on which a partition can be reopened? By Adv. Pratik Harsh | #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Pratik Harsh [https://www.lawyered.in/lawyer-profile/pratik-harsh-5581/] - Founder & Partner, Vidhinyas Solicitors & Associates in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What are the grounds on which a partition can be...
What are the factors that influence the amount of alimony? By Adv. Pratik Harsh | #AMALawyered
Lawyered [https://www.lawyered.in/admin/] presents Advocate Pratik Harsh [https://www.lawyered.in/lawyer-profile/pratik-harsh-5581/] - Founder & Partner, Vidhinyas Solicitors & Associates in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What are the factors that influence the duration ...
#MentorHours by Lawyered on 'Evolution of ADR for Matrimonial Disputes in India'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on Evolution of ADR for Matrimonial Disputes in India. The webinar was conducted by Mr. Nishant S Diwan [https://lawyered.in/lawyer-profile/nishant-s-diwan-2131/], Advocate (practicing since 1998). ASK YOUR...
#MentorHours by Lawyered on 'Custody of Children: Rights and Maintenance'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on Custody of Children: Rights and Maintenance. The webinar was conducted by Mr. Samar Inam Khan [https://lawyered.in/lawyer-profile/samar-inam-khan-2074/], Advocate and Founder - Legal Experts India [https://w...
Divorce Under Hindu Marriage Act | Fault Theories of Divorce
FAULT THEORIES OF DIVORCE UNDER HINDU MARRIAGE ACT Graphics design portfolio [https://encrypted-tbn0.gstatic.com/images?q=tbn%3AANd9GcTUE1N7atUbsdLDFUONdlmNnD6IevOaWSE_LA&usqp=CAU] INTRODUCTION Earlier divorce was unknown to general Hindu law as marriage was regarded as an indissoluble union between the husband and wife. Manu who declared that ...
#MentorHours by Lawyered on 'Hindu Matrimonial Laws: A Primer'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on 'Hindu Matrimonial Laws: A Primer'. The webinar was conducted by Mr. Varun Papireddy [https://www.lawyered.in/lawyer-profile/varunpapireddy-275/], Advocate - GPR Legal Solutions, Gandhinagar, Bangalore. ...
Succession Planning By Dr. Vinod Surana
Succession planning image 06 [https://lh3.googleusercontent.com/tKYxDUGm8YJmTt2IA_ufqTH-Aq5hJaYMLpfCD0gQrKRLoLRfBqraOeIwyzEPmVJ5BBQIkQyzJ7RDomfkRnRX_u-lPb1Qswpp81aLf3lV0KZZDDIJ6WdEQs0-oYsOLE2kvKYIJokkh-n2M1f0HQ] The Author Dr. Vinod Surana, is a trusted family business advisor, trained mediator, conflict management specialist, certified independen...
Domestic Violence Laws in India | Penalty & Punishment
DOMESTIC VIOLENCE - LAWS, PENALTY & PUNISHMENT AUTHOR - TUSHAR VASHI INTRODUCTION In India, more than 30% of women have been subjected to domestic violence at some point in their lives, per the National Family Health Survey (NFHS) data. Yet, nearly 75% of those who reported being subjected to domestic violence did not seek help from anyone. Fo...
Provisions for Divorce Under The Hindu Marriage Act 1955 By Advocate Tushar M. Vashi
Author: Tushar M. Vashi [https://www.lawyersclubindia.com/img/preview/custom/2.jpg]The constitution of India allows every citizen to be governed under the personal laws relevant to the religion they belong to. It also applies in the matter of marriage and divorce. The Hindu Marriage Act, 1955, is the law enacted to manage the Hindu marriage, divor...
Laws Governing Divorce In India | Muslim Divorce Law
LAWS GOVERNING DIVORCE IN INDIA Author - Ramasamy Santhanakrishnan DIVORCE Divorce is the process of dissolution of a marriage. Divorce in India is governed by personal laws related to religion. The article below discusses divorce between Hindus, Buddhists, Sikhs and Jains as regulated by the Hindu Marriage Act of 1955; between Muslims as regul...
Divorce Among Parents: Uncoupling, With Dignity.
[https://onmyspot.files.wordpress.com/2020/05/14152ae4-416d-442f-87fd-1cbbe6b1c6d5.jpg]Author - Ramasamy Santhanakrishnan Divorce is the process of dissolution of a marriage. In India, the process of divorce is initiated by filing of a petition under the applicable Act (Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Special Marriage Act, 1956...
Divorce Process By Mutual Consent in India
DIVORCE PROCESS BY MUTUAL CONSENT IN INDIA AUTHOR - MANSI PATEL WHAT IS DIVORCE BY MUTUAL CONSENT Mutual Divorce process of ending marriage legally. A divorce takes place when husband and wife both are not willing to live with each other and they do not want to carry their marriage anymore. Divorce by Mutual Consent is when a couple is agreein...
Probate/Letter of Administration
Author - Gagan Gandhi According to The Indian Succession Act, 1925, a probate is official proof of a will. The executors of the will, are issued Probates as a gesture with a seal of approval from the court. Authorizing them to implement or execute the will. In cases where there are no executors of the will, only a simple letter of administratio...
Dr. Gubbi’s House Of Justice On Private International Law - Cross Border Family & Commercial Disputes
[https://lh5.googleusercontent.com/JYVuT51CGyxahMqe37ettsMd8OZuA-s_yPo8IQZ93lnu6a_qdiZuMek2eKxq6KZmc1B3yZDwPpbldYE5F_ReN5Xm1cIW7RW3vRzNs6QmNkqQM7i19bUVqRyG2W51-OZa_WnjaZ3e] Private International Law or International Private Law governs the choice of law to apply when there are conflicts in the domestic law of different countries related to private...
Women's Right To Inheritance and Succession
Author - Associate Shereen Abdin ‘A woman must have cash and her very own room on the off chance that she is to compose fiction,’ said Virginia Woolf route in 1928. While this was with regards to financial autonomy and individual flexibility being the most instrumental factors in empowering ladies journalists, the bigger issues on sexual orientati...
Divorce Under Marital Laws
Author - Associate Shereen Abdin The marital laws vary from nation to nation. The issue of divorce order not being substantial yields up when the residence of the celebrated is in one nation and one of them gets marital alleviation in an outside nation. It has turned into a typical norm that individuals after marriage relocate t...
Complete Case Study on Roof Afza with Facts & Judgement
{rooh afza case study} Author - Associate Megha Motwani {rooh afza case study} Introduction {rooh afza case study} Rooh Afza {rooh afza case study} the highly demanded summer refreshment syrup which is in talk these days due to its acute shortage in the markets has taken its toll on social media. The refresher drink is made by a company named Ha...
How To Claim One's Rightful Share?
Author - Associate Megha Motwani The heirship certificates are the legal documents needed to prove that you are the right beneficiary to successfully claim, the ancestral property or the property of your deceased parents. The next of the kin basically needs it as the certificate specifies the list of the name of the heirs who are eligible to claim...
Shah Bano Case Summary And Its Impact On Muslim Divorce Laws
SHAH BANO CASE SUMMARY AND ITS IMPACT ON MUSLIM DIVORCE LAWS Women have been subjected to several atrocities in the purview of the regulations and standards of the patriarchal society since ages. Wives in every household were given the role of a being a good home keeper, a good wife and a good mother who has to stick to the "morales" of the societ...
How Adoption Laws Work for Unmarried Couple in India
HOW ADOPTION LAWS WORK FOR UNMARRIED COUPLE IN INDIA Author - Associate Runa Jasia An adoption is an act of legally taking the child of another person and bringing it up as one's own, or the fact of being adopted. For adopting any child, there is an act that was enacted by the government of India called The Hindu Adoptions and Maintenance Act (...
How Succession Laws Work in India?
Author - Associate Nupur Mehrotra The term ‘succession’ refers to the transfer of property [https://www.lawyered.in/contracts-and-legal-documentation/question/mahada-flat-transfer-1273079/] of the deceased person to the legal heir. Succession is basically of two types first, transfer of property according to the will of the dead person and secondl...
Mutual Consent Divorce in India | Meaning & Laws
MUTUAL CONSENT DIVORCE IN INDIA AUTHOR - ASSOCIATE DEBASMITA PATRA Under the Hindu Marriage Act, 1955 [https://www.lawyered.in/legal-disrupt/articles/divorce-laws-india/], both spouses are given the right to dissolve their marriage by a decree of divorce with the aid of a mutual divorce lawyer on more than one ground, which are specifically enu...
Know Your Legal Rights- Divorce Laws in India
Author - Advocate Tabassum Sultana Co-Author - Associate Debasmita Patra Ending any relationship is hard. But sometimes it's for the best. Living in a relationship and always ending up getting hurt is not a good feeling either. In the end, there is no option but to end the marriage. While marrying somebody, nobody thinks of this phase to come. B...
Dissolution of Muslim Marriage Act, 1939 - Grounds of Divorve, Islamic Perspective
{This Article focuses on: the dissolution of muslim marriage act 1939 is based on which school of muslim law, dissolution of marriage act, 1939 notes, dissolution of muslim marriage act 1939, dissolution of muslim marriage act, grounds of divorce under dissolution of muslim marriage act, 1939, grounds of divorce under dissolution of muslim marriage...
Married for 20 days, Divorced in 20 years
Remember Kim Kardashian and her infamous 72 days of marriage to basketball player Kris Humphries? Well, at least they got their divorce time. In a bizarre case – and a classic example of how judicial cases stretch in India – an Indian couple who were married for just 20 days, got their divorce after 20 years of legal battle! Yep, you heard us! Ac...
Divorce Rules and Laws in India | Free Legal Advice Online
DIVORCE - TYPES, RULES AND LAWS IN INDIA Divorce - Types, Rules and Laws in India The Indian Divorce Act is the one related to matrimonial causes. According to the Indian Divorce Act, Divorce is the legal dissolution of marriage. The Indian Divorce Act was drafted into the Indian legal system in the year 1869. Divorce rules and divorce process...
Hindu son can divorce wife if she tries to separate him from aged parents
"A WIFE IS EXPECTED TO BE WITH THE FAMILY OF THE HUSBAND AFTER THE MARRIAGE." A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them, the Supreme Court has held. A woman becomes a part of the husband’s family and cannot seek to separate him f...