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Showing posts with the label Divorce Attorney in India

When Do You Get Alimony and When Do You Get Maintenance?

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Introduction A person going through a separation or divorce must be aware of the difference between alimony and maintenance . Although the terms are often used interchangeably in many parts of the country, there are distinct meanings attached to these terms in the legal context, especially in India. Both forms of financial support aim to protect individuals from economic hardship, yet the conditions under which they are granted can be different. During a challenging time, such as going through a divorce, it is very important to not only understand when you are entitled to alimony, but also what makes maintenance different from alimony, so that you can make informed decisions. What Are Alimony and Maintenance? The two forms of financial support, alimony and maintenance, differ in terms of the timing and purpose of their implementation. Alimony is typically a one-time or periodic support given after the divorce has been finalized, whereas maintenance can be provided during the marriage, ...

How Live-in Relationships Affect Women’s Legal Rights in India

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Introduction The way the current generation views relationships in India has undergone a remarkable transformation. As society becomes more open-minded, the stigma once associated with live-in relationships is gradually diminishing. It is becoming increasingly popular for young couples to live together not as a way of evading responsibility, but rather as a way of determining the compatibility and emotional connection before Women’s Legal Rights   committing to a marriage. The shift that is underway comes not from rebellion, but from a position of practicality - it represents a change in the way that Indians view love, companionship, and long-term relationships. The Concept of Live-in Relationships Live-in relationships are arrangements where two individuals, who are romantically and emotionally involved, choose to live together without being legally married. Indian law does not prohibit such relationships, which provide a flexible form of companionship where both partners share e...

How to File a Case in the High Court A Complete Step-by-Step Guide

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Introduction The High Court is one of the most significant pillars of the Indian judiciary. It serves as the highest court at the state level and holds the power to decide a wide range of matters that affect citizens, institutions, and the government. The High Court exercises both Ordinary and Extraordinary Jurisdiction, enabling it to handle various civil, criminal, and constitutional matters with authority. Under Article 226 of the Indian Constitution, it also has the power to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, making it a crucial institution for safeguarding fundamental rights and ensuring justice. Rules and Jurisdiction of the High Courts in India Each High Court in India functions under its own set of procedural rules, known as the Original and Appellate Side Rules. These rules define how cases are filed, registered, and heard, ensuring that the judicial process remains fair and consistent. While the procedures may vary slightl...

How Courts View a Married Woman’s Right to Live Independently

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Introduction Women's rights within the context of marriage have been a source of concern and debate for generations. Often overlooked is the right of a woman to choose her residence and living arrangements within the marriage. As a result of the dominance of their husbands or family expectations, many women find themselves living in homes that are not of their choice. Their emotional, mental, and physical well-being can be profoundly affected by this practice, as it restricts them within the marital union. As part of this blog, we will discuss the legal rights of women who are forced to live in a residence outside of their choice, highlighting the importance of asserting these rights and understanding the legal framework that protects them. The traditional scenario Most societies, including India, place a high value on the husband's authority to decide where the family will live. Whether it is living in the husband's parental home, living near his workplace, or living sep...

Why Divorce Can Be a Positive Step After Toxic Love

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Introduction Relationships have a profound effect on mental health, especially when viewed through the lens of toxic relationships. Individuals can be left with lasting psychological wounds by toxic relationships characterized by emotional abuse, manipulation, control, and neglect. As a practicing lawyer in Bangalore Family Court and the High Court of Karnataka , I have seen how these relationships silently damage individuals, often leading to severe emotional distress and mental illness. My goal in sharing this blog is to highlight divorce as both a therapeutic and legal remedy that can empower individuals to break free from toxic relationships and begin their journey toward recovery, despite societal stigmas. The subtle onset of toxic dynamics Early in toxic relationships, it may be difficult to recognize them as toxic because they develop gradually. Over time, emotional manipulation, constant criticism, and controlling behavior may begin subtly, but over time, these patterns intens...

How Divorce Rescues Mental Health From Toxic Relationships

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Introduction The phrase "People hurt people" takes on profound meaning when examining the destructive impact of toxic relationships on mental health in the context of human relationships. It is well known that toxic bonds, usually characterized by manipulation, control, neglect, and emotional abuse, can cause severe psychological damage. I have witnessed firsthand the silent suffering caused by such dynamics as a practicing lawyer in the Bangalore Family Court and the Karnataka High Court . Divorce is a powerful legal and therapeutic remedy for individuals seeking freedom, dignity, and recovery from toxic relationships. This blog explores the connections between toxic relationships and mental health. Mental Health and Toxic Relationships i. The Dynamics of Toxic Relationships Relationships that are toxic are characterized by control, criticism, and neglect, which drain self-esteem and create emotional entrapment. These dynamics often remain hidden until the victim becomes is...