Rights Of Child Born Out Of A Live-in Relationship
Introduction “Live-in relationship” in simple terms is a relationship in which both partners enjoy their individual freedom and live in a house together without being married to each other. It involves a stable and peaceful co-habitation between two partners without any responsibilities or accountability towards each other. In such a case, no law ties the two people who are living together, and they can leave any time they like without any consequences. There is no proper legal definition of a live-in relationship and due to this reason the legal status of such a relationship is dubious. The Indian law does not provide any rights or obligations of the parties who are in a live-in relationship. The status of the children who are born as a result of such a relationship is also not clear and due to this reason the courts have provided a description to the concept of live-in…
RIGHT TO PROPERTY OF SECOND WIFE AND CHILDREN
Introduction When we speak about second wife, the first thing which comes in our minds the legality attached with second marriage.The various personal laws have different rules regarding this.Starting with Hindu law we will first learn about the legality of second marriage according to hindu law. According to The Hindu Marriage Act,1955, section 5, a marriage is said to be solemnised between two hindus (i)if at the time of marriage neither party has a spouse living at the time of the marriage, so if a hindu male re marries, even if his first wife is alive and they are not divorced, in such a case the second marriage will not be considered as valid.However we will first learn about the right to property of second wife and then we will go through the rights of children born out of second marriage. RIGHT TO PROPERTY AND MAINTENANCE OF SECOND WIFE UNDER…
Maintenance Rights of a Second Wife in India
Supreme court judgment on 125 crpc has has laid down the right of maintenance of second wife in India under certain conditions. CASE NUMBER: Criminal Miscellaneous Petition No.19530/2013 CASE TITLE: Badshah vs Sou. Urmila Badshah Godse & Anr. DATE: October 18, 2013 CORAM: Justice Ranjana Prakash Desai and Justice A.K. Sikri FACTS OF THE CASE The respondents filed an application under Section 125 of the Code of Criminal Procedure (CrPC) and stated that respondent 1, Urmila was married to Popat Fapale. In 1997, she got divorced from her first husband and she resided at her parents’ house till 2015. On demand of the petitioner for her marriage through mediators, she married him on 10.2.2005 at Devgad Temple situated at Hivargaon-Pawasa. Her marriage was performed with the petitioner as per Hindu Rites and customs. After her marriage, she resided and cohabited with the petitioner. Initially, for 3 months, the petitioner cohabited…
Maintenance Under Section 125 of CrPC
Introduction Section 125 of CrPC is a means to provide a speedy, inexpensive and effective remedy against persons who refuse or neglect their duty to maintain persons dependent on them. The section discharges a social function in order to achieve and maintain societal balance. It also comes under Article 15 (3), which is further reinforced by Article 39. It is an important section that deals with women’s human rights and are a legal instrument of social relevance that is used to uphold the rights of the weaker section of society.[1] They are, in a way, aimed at preventing starvation and vagrancy relating to the commission of crimes.[2] Scope of Section 125 of CrPC Maintenance under the law is defined as an amount of money paid to a dependent person such as a wife, child or parent so that they can support themselves financially. It is also defined under Section 2(b)…
India Visa Extension – Exit Permit
Information What to do if India Visa expire and been Overstay in India by Immigration Attorney in India Entering India on any visa requires you to leave the Country before expiry of visa granted. To remain in Country beyond the visa condition can result in a legal trouble. Different reason for one’s visit or stay in India may be for education, tourism, employment, internship, business, conference, medication, and transit etc. Whatever the reason be, just like any other country, India too does not tolerate one’s stay in their country after the expiry of visa granted and expects to leave the Country at the end of their visit or stay. Registration with FRRO Every foreigner entering India on a visa that is valid for 180 days or more has to register themselves with the Foreign Regional Registration Office (FRRO), within 14 days of arrival. Pakistani nationals have to register with the FRRO within…
Maintenance Under Section 125 Of CrPC: Husband Required To Earn Money Even By Physical Labour
The Supreme Court recently in the case of Anju Garg & Anr. v. Deepak Kumar Garg[1] observed that: The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on legally permissible grounds mentioned in the statute[2]. While allowing the appeal, Justice Dinesh Maheshwari and Justice Bela M. Trivedi directed the respondent to pay maintenance amount of Rs. 10,000/- per month to the appellant wife from the date of filing of Maintenance Petition before the Family Court and granted the minor son a monthly maintenance amount of Rs. 6,000/-. It was also observed that section 125 of the Code of Criminal Procedure, 1973 was formulated to ameliorate the agony, anguish and financial suffering of a woman who is required to leave her matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself…
Best Criminal Law Firm in Delhi
The Firm has significant experience in the field of criminal litigation in India. We are widely recognised as amongst the best law firm for criminal law and are considered the go-to firm for white-collar crime. In addition to white-collar crime, we adeptly handle a variety of cases covering issues such as violent crime, defamation, crimes against property, cyber-crime, medical negligence, etc. Our lawyers have vast experience in representing clients in all Courts, from the Supreme Court and State High Courts to the District Courts, as well as before investigative and adjudicating authorities. Our lawyers are proficient in criminal law and are experts in every area of private defence. Our practice in the field of white-collar crime has grown significantly over the past years, especially with respect to money laundering cases and the Prevention of Money Laundering Act, 2002 (PMLA Act). In the other areas of criminal litigation, our lawyers have…
HOW CAN A DOMESTIC VIOLENCE ATTORNEY HELP IN A DOMESTIC VIOLENCE CASE?
A domestic violence attorney can help victims of domestic violence. He or she can also help people who have been falsely accused of domestic violence. Domestic violence attorneys understand how domestic violence can tear families apart. He or she also understands how false allegations of domestic violence can adversely impact people’s lives. If you are a victim or have been falsely accused of domestic violence, you should know that a domestic violence attorney can provide important legal assistance to you. The following is more on the legal assistance a domestic violence attorney can provide you as a victim of domestic violence or someone who has been falsely accused of domestic violence. Acquiring an Injunction for Protection Against Domestic Violence According to survey, anyone who is a domestic violence victim or believes he or she is in imminent danger of becoming a victim has the right to petition the court for…
WHAT ARE THE MAJOR CAUSES OF DELAYS IN DIVORCE PROCEEDINGS?
If you or your spouse has decided to end your marriage, you may be looking forward to getting through the divorce process as fast as possible. The divorce process can be stressful, so it is understandable if you want to get through the process as quickly as possible. Unfortunately, the truth is that, depending on several things, your divorce process could take months or even years. There are a lot of things that can prolong the divorce process. Aside from a pandemic like the COVID-19, many more issues can lead to delays in the divorce process. Below are some other issues that could delay divorce proceedings: Divorce Is Contested A divorce in India may be uncontested or contested. In the first case, spouses agree on all divorce-related issues. In that instance, matters can move along quickly and divorces can be resolved much more easily. On the other hand, when the…
HOW WITNESSING DOMESTIC VIOLENCE CAN AFFECT CHILDREN
For parents who fall victim to domestic violence, the abuse endured takes a toll on their well-being. However, parents who fall victim to domestic violence are not the only ones who are affected by domestic violence. Domestic violence can have negative effects on every member of the family, including children. The effects of domestic violence on children who watch their parents being abused are heart-breaking. Below is a look at how witnessing domestic violence can affect children. How Witnessing Domestic Violence Can Affect Children Emotionally Witnessing domestic violence can lead to children suffering many emotional consequences. Some of the emotional complications a child who has witnessed domestic violence can suffer include; Shame Guilt Intense grief Fear of abandonment Anger Self-blaming tendencies Embarrassment Depression Unfortunately, the emotional consequences of witnessing domestic violence can plague a child for years to come. For example, an anxious child raised in an abusive environment may…