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Showing posts with the label Best Divorce Lawyers in Bangalore

How to File for Restitution of Conjugal Rights: A Step-by-Step Guide

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Introduction When a spouse has been abandoned by their partner and wishes to resume marital cohabitation, the restitution of conjugal rights is a legal remedy available to them. There are some provisions in the Hindu Marriage Act, 1955, which provide a similar remedy, and similar provisions in other personal laws as well. According to restitution of conjugal rights decrees, the respondent (a spouse who left their matrimonial home) must return as soon as possible to the matrimonial home and live with the petitioner (the spouse who filed the case). As a further option, the court may impose certain conditions, including the payment of maintenance and regular visits to the marital property. In general, restitution of conjugal rights is based upon the concept that marriage is a sacred bond, and the parties to the marriage are entitled to cohabit with each other. Nevertheless, there has been considerable controversy regarding the remedy, as some claim that it violates the right to privacy an...

How to Gather Evidence for Medical Negligence Claims

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Introduction Even with the best efforts of medical professionals, adverse outcomes remain an unfortunate reality in healthcare. Patients may feel dissatisfied with the care they receive, however, such dissatisfaction alone does not constitute medical negligence . Patients and healthcare providers must understand what constitutes negligence and what evidence is required to support such claims. The Definition of Medical Negligence Medical negligence occurs when a healthcare provider breaches their duty of care to a patient, resulting in harm. In addition to financial harm, the patient may suffer mental agony for himself or his family members. A negligence case must meet the following criteria: The provider's actions fell below the standard of care expected in the circumstances. The patient was directly harmed as a result of the breach. Such harm resulted in measurable losses such as physical injuries, emotional distress, and financial expenditures. Having an unfavorable outcome from ...

Life After Divorce in Indian Society: The LGBTQ+ Perspective

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  Divorce is becoming more accepted in India. I have been practicing Family Law in Bangalore for over two decades. Through my observations of changing social norms, changing gender roles, and shifting perspectives on love and relationships, many individuals now face life after divorce's complexities. One lesser-discussed but significant factor contributing to marital breakdown is a change in sexual orientation, which plays an important role in the decision to part ways. This blog explores the shifting dynamics of love in Indian society, how sexual orientation affects marriage, and how individuals are finding themselves after divorce. In India, divorce is changing Marriage is considered a lifelong commitment in Indian society. However, as societal norms evolve, a growing understanding emerges that love and compatibility are complex and fluid. While divorce rates remain lower in India than in many Western countries, they are rising, particularly in urban areas. Still, unlike me, mos...

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...

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...