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What are the Conjugal Rights for Divorce?

What are the Conjugal Rights for Divorce?

Rejection of the application of restitution of conjugal rights: There are certain cases where the court may deny the application for the restitution of conjugal rights, but there has to be a proper reason for the denial of the conjugal rights which are as follows:If the spouse or the defendant is staying away or apart is due to any type of matrimonial issues or problems then the application may be denied.If the spouse or the petitioner has commit... Read More

Post By Bhupender Tanwar

What are the Laws Related to Maintenance in India?

What are the Laws Related to Maintenance in India?

Section 125 of the Criminal Procedure Code, 1973 This section provides for maintenance not only to the wife but also to child and parents. Court can direct a husband who neglects or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to the wife, provided the husband has sufficient means. However, if the wife is living in adultery, or refuses to live with husband without any sufficient reasons, or living ... Read More

Post By Advocate Kajori Deb

How is Property Dealt with In Case of Divorce?

How is Property Dealt with In Case of Divorce?

Who typically gets the house in a divorce?As the marital home is the ultimate and the exclusive asset of the spouse, it is necessary that the ownership of the property is cleared. It not only involves the married couple but also their entire family. They are emotionally attached to the property as well. But, the law is above all the emotions and hence the judge would give the decision of the house in favor of the owner of the house. We all know ... Read More

Post By Advocate Pooja M Sathe

All you need to know about section 9 under Hindu Marriage Act, 1955

All you need to know about section 9 under Hindu Marriage Act, 1955

This article will educate you about Section 9 of the Hindu Marriage Act, 1955, and how to file a legal notice under that section. Marriage is considered to be sacred bond and ending of a marriage is considered as betrayal of that sacred bond. There are instances when one spouse chooses to leave the other spouse and chooses to stay separately without any specific reason. In such instances, the other spouse has a legal right to file an application ... Read More

Post By Adv. Prema K.

All you need to know about Mutual Consent Divorce in India

All you need to know about Mutual Consent Divorce in India

In a divorce by mutual consent, both the parties are agreed to take a divorce mutually and dissolving their marriage due to irreconcilable differences. In this article, we have covered the concept of mutual divorce under the Hindu Marriage Act along with the procedure and mandatory provisions for mutual divorce. To know more, please read the blog!What is Divorce by mutual consent? In India, It is very easy to end/dissolve a marriage legally.... Read More

Post By Adv. Prema K.

What are the various grounds of divorce?

What are the various grounds of divorce?

In India, marriages are considered to be a sacred commitment and are solely governed by our traditional rites and rituals and therefore consequently divorce, is also governed by the customary laws specific to one’s religion. Divorces among the Hindu, Jains, Buddhists, and Sikhs are governed by the Hindu Marriage Act, 1955, that between a Muslim couple is governed by the Dissolution Of Muslim Marriage Act, 1939, between Parsis through Parsi Marr... Read More

Post By Adv. Prema K.

Complete guide on marriage under the special marriage act, 1954

Complete guide on marriage under the special marriage act, 1954

Marriage is one of the most sacred and omnipresent social institutions in India. It serves as a crucial milestone in an individual’s life that legitimizes offspring and provides an individual with emotional as well as social support.Marriages in India are governed by various laws and custom depending upon the religion and/or sect of the parties. One of the most widely spread laws that govern marriages in India is the Special Marriage Act, 1954T... Read More

Post By Adv Dhananjay Singh Sehrawat

Complete Guide on Divorce

Complete Guide on Divorce

 What is Divorce? It is a process by which legal obligation are met with during the annulment of the union. It is done as men or women cannot simply walk out of the marriage or the relationship without caring about the responsibility of their partner’s well-being. The Process of Divorce A divorce can be granted in two ways – (1) Divorce by Mutual Consent, and (2) Contested Divorce. (1)  Divorce by Mutual Consent... Read More

Post By Pranjal Jain

How is Alimony Determined?

How is Alimony Determined?

Meaning of Alimony: In India, the term alimony is used before a divorce, while after the divorce they are used interchangeably. It refers to an allowance or sum of money which is paid to the wife by her spouse so that she can sustain herself.Amount of Alimony should be reasonable: The amount of alimony should always be reasonable. It should never be beyond the capacity of the other spouse.Types of Alimony: There are two types of alimony:1.  ... Read More

Post By Pranjal Jain

HOW TO CORRECTLY PLAN FOR A DIVORCE

HOW TO CORRECTLY PLAN FOR A DIVORCE

In this article, we will discuss about how complex the procedure of divorce is and how can good planning lead to successful and peaceful divorce. Various points which can be considered before proceeding with the divorce are discussed. ·        Going through a divorce is a complex process and should be done with correct planning. If a couple files for divorce without a prior plan or agreement, it can cause various difficultie... Read More

Post By Barbie Duggal

How can a male apply for divorce in india ?

How can a male apply for divorce in india ?

Divorce is a toll on emotions. Neither men nor women are happy, rather they both are on edge and are not at all rational. Especially men in India, who do not like to express feelings, are more troubled by divorce than they think. And that is why men getting divorced should open up to all emotional issues rather than curbing them to better deal with divorce. The procedure is same for everyone, there is no “gender” bias in divorce laws... Read More

Post By Barbie Duggal

What Is The Present Procedure For Divorce Of  Muslim Couple In India?

What Is The Present Procedure For Divorce Of Muslim Couple In India?

Divorce which is known as Talaaq which in its primitive sense means dismission. In its literal meaning, it means "setting free", "letting loose", or taking off any "ties or restraint". In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaaq is repudiation of marriage by the husband in accordance wit... Read More

Post By Barbie Duggal

Calling off the knot mutually

Calling off the knot mutually

Marriage is a sacred union between two people. It is also a social institution that legitimizes an offspring and legally binds two individuals as each other’s wedded partners. But unfortunately, not every marriage turns out to be good and here comes the role of divorce. Divorce is the dissolution of the union between the two people. In other words it is a legal way to call off a marriage. There are different grounds by which a divorce can be ... Read More

Post By Sankul Nagpal

Online Transaction Frauds in India

Online Transaction Frauds in India

Fraud as understood by the public at large, is an act of trickery by one party against the other. In other words, it is also referred to as deceit or a breach of the confidence. Deceit or fraud as identified in India, can have a criminal or civil liability. A fraud that is subjected between just the parties to a contract are tried under the purview of the civil courts, on the other hand an act of fraud against the public at large is what is tried... Read More

Post By Pranjal Jain

Waiting to part ways?

Waiting to part ways?

Marriage is a sacred union between two spouses. It is a social institution that legitimizes an offspring and legally binds two individuals like each other’s wedded partners. But unfortunately not every marriage turns out to be good and here comes the role of divorce. Divorce is the dissolution of the union between the two people. In other words, it is a legal way to call off a marriage. In reality, divorce is much more than just calli... Read More

Post By Sankul Nagpal

Rights Of Divorced Wife For Grant Of Maintenance

Rights Of Divorced Wife For Grant Of Maintenance

As in India the rate and suits related to divorce are increasing day by day. Most of the woman are housewives so it is next to impossible for them to maintain themselves so Indian law provides provision for granting of maintenance to divorced wife by there husband. Not only in India but in whole world wife has the right to maintenance after divorce. In Indian law under section 125 CrPC under this section, there are many people who have th... Read More

Post By Barbie Duggal

What you need to know about divorce and taxes

What you need to know about divorce and taxes

INTRODUCTION: While going for a divorce, its relation to the payment of taxes never crosses the mind of people seeking it. And it is very obvious. Since divorce is something personal and family law related where two people are just being separated from each other and are going to live like that for the rest of their lives. This is where it all starts; a particular field of law never works independently but is correlated and works simultaneously w... Read More

Post By Barbie Duggal

Ways to get a faster cheaper and easier divorce

Ways to get a faster cheaper and easier divorce

Divorce proceedings never come easy and sometimes when the parties to the divorce proceedings have really decided to get separated then too the process requires them to observe a separation period of 6 months, which acts as a huge burden on already suffering couple. But thankfully this period has now been changed from mandatory to the discretionary will of the court, as in will be ordered as and when required on a case to case basis and not t... Read More

Post By Barbie Duggal

What is the genuine fee for the mutual consent divorce in India?

What is the genuine fee for the mutual consent divorce in India?

WHAT IS A MUTUAL CONSENT? It is stated out under section 13-b of the Hindu marriage act, 1955.  Unlike in a contested divorce where the parties fight against each other wasting their time and resources and also of the court, expenses and time can be saved via opting for a mutual consent divorce. Under this, the spouses seeking to separate from each other arrive on a mutual settlement with the help of peaceful negotiations. The basic ... Read More

Post By Barbie Duggal

How long does it take to get a mutual consent divorce in India

How long does it take to get a mutual consent divorce in India

Marriage is often considered to be a necessity in order to establish that one has a complete and a healthy social life. Especially in Indian societies, a marriage is supposed permanent and unbreakable till death. Although significantly less than other countries, the number of divorces in India has seen a sharp rise in the past few years. Most of these divorces are between couples living in metro cities. There are a number of reasons due to which ... Read More

Post By Barbie Duggal

6 Reasons men file for divorce

6 Reasons men file for divorce

There is not a doubt left when it comes to Indian law being more converging towards a female section of the society. There are many provisions of the law which are whole solely available to just women. This is done to uplift the deteriorating condition of women in our society; with this beneficial legislation, legislature and judiciary try to give this fragment an additional advantage to ensure security and prosperity. Many of us are fami... Read More

Post By Barbie Duggal

What is Adoption of a Child?

What is Adoption of a Child?

All these limitations and restrictions were changed after the enactment of the Hindu Adoptions and Maintenance Act of 1956. The act made adoption a secular institution, which was earlier considered a religious and sacrament act. The act lays down the principles of equality and gender justice. It removes gender discrimination.The Act lays down the provisions of a valid adoption which are enumerated in sections 6 to 11.Section 6 lays down the requi... Read More

Post By Bhupender Tanwar

Human rights and how to file a human rights complaint

Human rights and how to file a human rights complaint

Talking about rights we see that different legislations, acts and constitutions grant different rights to different people/ sections of people. These rights are called legal rights or rights granted by a statute. These rights could be different depending upon the different sources. However, there are certain rights known as the Human Rights that are granted to people as fundamental and supreme rights owing to the fact that they are humans.What ar... Read More

Post By Sankul Nagpal

What is live-in relationship?

What is live-in relationship?

Landmark Case on live in relationship:S.Khushboo v. Kanniammal:- In this case the Supreme Court held that if two adults decided to live together it's their right to life which is given under Article 21 of the Indian Constitution therefore live-in relationship cannot be unlawful or illegal.Court has also mentioned some of the key points to consider the relationship between a couple as live in relationship which are as follows:Time period of relati... Read More

Post By Bhupender Tanwar

Misuse of section 498a

Misuse of section 498a

Articles 21 & 15 of the Indian Constitution guarantees every citizen to a life of dignity and respect without discrimination on the grounds of sex, race, caste, religion, and place of birth. Since the very inception of the world’s largest democracy, efforts are being made to protect the interest of the weaker sections including women.India has also, time and again, ratified International Convention like the Convention for Elimination of all For... Read More

Post By Sankul Nagpal

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