Introduction The Senior Citizen Act was enacted to protect the interest of senior citizens and it ensures that they are not left destitute or at the mercy of their children/ relatives. The Domestic Violence Act, 2005, protects the right of a woman. Both sets of legislation have to be harmoniously construed. The Senior Citizen Act …
Shared Household: Right of a woman in her in-law’s property Read More »
1. Can I File divorce petition without coming to IndiaAns : Yes, you can file divorce petition without coming to India. You can file Divorce petition from the place of residence of the respondent(in case if husband is petitioner or in case wife is petitioner), or the place of marriage or the place where the …
Divorce and its grounds Divorce is the legal termination of a marriage by a court in a legal proceeding, requiring a petition or complaint about divorce by one party. Contested divorce refers to the proceedings filed u/s 13 of the Hindu Marriage Act, 1955 (Act) that provides the grounds for divorce. As per Section 13(1) …
For every human being, home fulfills the basic need of safe shelter. The priority for a person when settling down in life is creating a shelter by owning a house. The threat is so grave that the legislature has been compelled to enact special legislation for their protection-the Protection of Women from Domestic Violence Act, …
The term ‘guardianship’ is very broad that deals with an adult’s rights/powers over a minor person and property. The term ‘custody’ is a specific referring to the minor’s upbringing/care and overall development. In Shri Rajinder Kumar Mishra v. Shrimati Richa[i], the court held that the child’s welfare is of paramount consideration while dealing with the …
What is welfare of child concept in a child custody case Read More »
The concept of marriage and family has changed with time and the concept of divorce has evolved which was not known to anybody earlier. Divorce may be defined as the final termination of a marital relationship that makes the legal duties null and void. The legal process of divorce consists of many issues that comprise …
Who should have custody of the child in case of divorce? Read More »
The term ‘maintenance’ is defined as an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. The terms \’maintenance\’ and \’alimony\’ have been used interchangeably, the term alimony means an allowance or amount which a court orders the husband …
How to win a false 498A case? Section 498A of the Indian Penal Code (IPC) provides that ‘husband or relative of the husband of a woman subjecting her to cruelty, shall be liable for imprisonment for 3 years with fine.’ The said provision was inserted in 1983 to protect a married woman from harassment and …
A mutual consent divorce proceedings initiate when both the parties to the marriage i.e. husband and wife want to terminate the marriage. They decide to get separated by mutual consent. According to the provisions of the Hindu Marriage Act, 1955, both the husband and the wife have the right to dissolve their marriage by a …
Divorce by mutual consent is when both the parties to the marriage i.e. the husband and the wife mutually agree that they cannot live together anymore and they believe that the best solution is to file for a divorce. They jointly present a mutual divorce petition before the court having jurisdiction, without mentioning any allegations …
Advantages & Disadvantages of Mutual Consent Divorce Read More »
