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family law


Divorce by Desertion-what to prove?

Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that's it. But actually what courts in India require are the 4 things which are to be established by the spouse who is seeking divorce on this ground..

Posted in articles |   18 comments |   3050 Views


Arbitration and its relation to family laws

INTRODUCTION:   “Arbitration is a divine function”[1] , arbitrators are “God’s people”[2]. Apostle Paul is in support of arbitrators being appointed in the Church to decide on disputes among the church members.[3] “ Arbitration..

Posted in articles |   2 comments |   1754 Views


Redefining marriage and law through bio-psycho-religio-lingo-socio-legal factors

INTRODUCTION-DEFINITION OF REDEFINING:   On the point that once redefined  concept soon becoming a definition of that concept I take courage of redefining it again or in other words taking it back to the older form of  it in a new way. At the very outse..

Posted in articles |   6 comments |   781 Views


Daughters right in ancestral property

The first question after the Supreme Court recent ruling in Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015 comes to everyone’s mind is whether the Supreme Court is right in giving the ruling or not, but what matters now is not whether the Supreme Court is right or not, but whether th..

Posted in articles |   17 comments |   2075 Views


How Maintenance to wife is assessed in S.24 HMA

How Maintenance to wife is assessed in S.24 HMA   There are some criteria's which are set by Indian courts in order to calculate and assess maintenance to be paid by the Husband..

Posted in articles |   7 comments |   3389 Views


125 CrPC-Scope of Revision

These days many men are affected by the final order of maintenance towards their wife and are looking for best possible legal option to reduce interim/final maintenance amount or even looking for setting aside the said amount.   The trial courts uses their own methodolo..

Posted in articles |   20 comments |   2548 Views


Transfer Petition

Flavor of the season               Yes, this is how the transfer petitions in matrimonial cases are being addressed by the Hon’ble Supreme Court. Every second wife is before the Supreme Court seek..

Posted in articles |   4 comments |   1028 Views


13 Changes Modern Advocate need in Indian Courts

1. Dress Code Change: No doubt Indian lawyers wear power dress and we as citizens  respect the dignity of it, yet mostly the black and white combination is assigned to hotel waiters  & railway staff also  .These reasons limitise  the unique privilege to lawyer’s dress . Seldom lawyers ignore to go  in functions st..

Posted in articles |   13 comments |   2545 Views


Divorce on Cruelty

 The most used terminology in the courts of law is “Your Honor I cannot continue this sacred relation because of the cruelty committed on me”, but the shocking and sad state of affair is that the opposite party comes with more severe allegations alleging cruelty which the makes the job of the courts impossible to decide the case and resulting int..

Posted in articles |   16 comments |   3231 Views


Women Untouchability

  This refers to certain responses to the posts dated 12th and 13th Jan 2016 on "Women Untouchability".   01) The advent of hi-tech revolution, globalization and liberalization of economy, the traditional women metamorphosed to a financially independent stable Drukers skilled worker on par with men is construed by male chauvinis..

Posted in articles |   4 comments |   1668 Views


Domestic Violence: The present Scenario.

India is a land of diversity. There is diversity observed in caste, race, religion, flora, fauna, and landform and so on. Amongst this diversity there comes the set of uniformed legal system which binds all the sticks into a single bunch. This set of legal principles are applied to all the four age-based stages of human life, which includes Bhramacharya(student),..

Posted in articles |   1 comments |   1680 Views


How to calculate interim maintainence

Iterim maintenance is awarded under s.24 of HMA, the basic purpose of interim maintenance is to provide fixed reasonable amount to the wife pending litigation, so that she could survive to fight the legal battles. But this term reasonable is a relative term, court has to keep certain factors into mind before awarding an amount of interim maintenance, Here are the..

Posted in articles |   7 comments |   2799 Views


Cruelty for the purpose of Divorce

Getting Divorce on Cruelty   The degree of proof needed to prove cruelty and getting divorce on grounds of it is fa..

Posted in articles |   3 comments |   1524 Views


Can a daughter seek remedy under domestic violence act against her own family members?

“I raise up my voice-not so I can shout but so that those without a voice can be heard…we cannot succeed when half of us are held back.” - Malala Yousafzai   p style="text-align: jus..

Posted in articles |   5 comments |   3016 Views


Womens Rights- Victimization of women continues

Our constitution lays down special notice state can give to women under article 15 of constitution. National commission for women and state commission are formed. Women courts have been set up .Even all-women banks and police stations have been set up. But are women really uplifted in India after 70 years of independence or our male chauvinistic society still neg..

Posted in articles |   5 comments |   1087 Views




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