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Showing posts from February, 2025

Domestic Violence Protection from Wife and In-Laws can be filed by a man

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Introduction Due to the patriarchal structure of society and men's dominance over women in society, studies showing that women commit significant rates of violence against men are highly controversial. The critics argue, first and foremost, that it is important to analyze the aggression of women to men in a broader social context even though they are capable of violence. In history, both in society and in close relationships, the men held the position of authority. Physical differences, the expected outcomes of violence, as well as reactions, will likely lead to quite different motivations for using violence between men and women. According to many critics who oppose the idea that men are victims, violence perpetrated by men against women has significantly more damaging consequences than violence perpetrated by women against men. All defenses state that men abuse women and women respond by becoming aggressive. However, it is difficult for the general public, and even sometimes the...

Divorce Lawyer in India's Perspective on Alimony for a Wife in the Case of a Void Marriage

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Introduction Recent developments have led to a Supreme Court bench's decision that the case should be remanded to the Chief Justice of India to form a three-judge bench based on the conflicting judgments handed down by a two-judge bench about the award of alimony. The sacred bond of love, trust, and commitment that is marriage can sometimes take a turn during a relationship which can cause both parties to question the foundation of their relationship. In the annulment of a marriage, the legal declaration declares that the marriage did not exist. On the other hand, the annulment invalidates the marriage at the beginning, as if it never existed. In the case of an annulment, does the wife still have the right to receive alimony in the future, regardless of the annulment? The annulment of a marriage is a legal process which can be used to declare it null and void through various legal processes. This can occur for a number of reasons, such as fraud, coercion, incapacity, or a failure ...

Marriage promises made on false pretenses

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Marriage Promise Fraud: Criminal Offence The Bhartiya Nyaya Sanhita (BNS) was introduced on August 11, 2023, and assented to by the President on December 25, 2023. It became effective on July 1, 2024, replacing the Indian Penal Code (IPC). There is one very important addition to the BNS which is Section 69, which specifically deals with the OFFENSE OF FALSE PROMISE OF MARRIAGE .  This issue had previously been ambiguously defined under the IPC as a serious offense. There have been a growing number of cases where women have been deceived into sexual relationships under false promises of marriage, leading to the urgent need for the law to be clarified. False Promises of Marriage as a Crime The concept of false promise of marriage refers to situations in which a man induces a woman into sexual intercourse by deceitfully claiming that he is going to marry her, but does not actually intend to do so, despite having no genuine intentions to do so. Contrary to the case of rape, in which ...

How does Ex-Parte Divorce work? Subsequent marriages after ex-parte divorces are valid?

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  Introduction Ex-parte divorce has become a matter of increasing importance in the complex area of family law, raising concerns about the validity of subsequent marriages in light of this concept. To ensure that future unions are valid, individuals must understand the nuances of ex-parte divorce as relationships evolve and legal complexities intertwine. In this blog post, we explore the specifics of ex-parte divorce, highlighting its legal implications and shedding light on the often-overlooked matter of marriage validity after divorce. The best family lawyers will be able to provide insight into the legal landscape surrounding marital unions regardless of whether you are navigating the challenges of divorce or simply seeking advice on your legal options. How does Ex Parte Divorce work? Ex-parte divorces are distinct forms of divorce involving one spouse initiating the divorce proceedings without obtaining the other spouse's consent. Using this legal maneuver, the court can decr...

How a High Court Advocate defends a Contempt of Court Petition in a Matrimonial Case

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Introduction Despite being a critical component of the legal process in matrimonial disputes, contempt of court petitions are often misunderstood in the intricate web of matrimonial disputes. When one party allegedly disobeys or disregards a court order, such a petition results in contempt allegations. In my capacity as a High Court Advocate in Bangalore, I am familiar with how these situations unfold and the complexities involved in defending against such accusations. By exploring the types of matrimonial cases in which contempt may occur and the strategies employed by a High Court lawyer to defend a client effectively, this blog hopes to demystify the process. Matrimonial Contempt of Court: An Overview How does contempt of court work? Any action that disrespects the authority of the court, interferes with the administration of justice, or defies a court order is considered contempt of court. Whenever a party fails to comply with court orders regarding maintenance, child custody, or ...

Divorce Settlement Mistakes to Avoid Insights from a Bangalore Family Lawyer

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Introduction Divorce is not only emotionally challenging but also financially complex. When dealing with finances, taxes, property, and long-term obligations, navigating through the financial aspects of a divorce settlement requires careful consideration. Having practiced family law in Bangalore for nearly two decades, I have witnessed firsthand how financial mistakes during divorce settlements can have significant long-term consequences. Listed below are the top 15 financial mistakes to avoid in your divorce settlement, together with practical tips to safeguard your financial future. The Full Scope of Finances Ignored Having an incomplete accounting of your assets, liabilities, income, and expenses could result in an unfair settlement. Make sure you have an accurate list of all assets, bank accounts, investments, and debts. Ignoring tax implications You should be aware that divorce settlements may negatively affect your tax liability. If you are contemplating divorce, you should thi...