Legal service for Quashing of 498a

Introduction Divorce is always an uncomfortable experience, and outside of the emotional toll, it often brings financial complications. One of the most significant questions to be asked when negotiating alimony is whether alimony payments are tax-deductible. I am a divorce lawyer with extensive alimony negotiation experience in India , and I would like to shed light on the taxability of alimony and maintenance payments. Navigating these tricky waters will be easier with this clarity. The Basics of Alimony: An Overview of the Issues After a divorce, one spouse pays alimony to the other as financial support. When a spouse earns less or does not earn any income, alimony is designed to enable him or her to maintain an existing standard of living. Income from Alimony: A Legal Perspective There is a concern among many individuals receiving alimony about whether or not these payments will be taxable. Taxability of alimony payments is not explicitly defined in the Income Tax Act of 1961 in Ind...

Introduction Those are the exact words that were spoken by Rajiv (name changed), a US-based NRI who contacted us after his father's Indian bank accounts had been frozen by a US government agency. I believe that he assumed that an email and a copy of the passport, as well as a copy of the death certificate, would suffice. But that wasn't the case. To process the loan, the bank requested a succession certificate from an Indian court . As a result, a year-long ordeal, including incorrect documents, a rejected power of attorney, missed deadlines, and so on. By the time everything was finally in order, the funds were on the verge of being classified as unclaimed, and the family relationships had been severely strained by the whole process. Stay away from this. Succession Certificate is Inviolable A succession certificate has to be obtained from an Indian court when an individual dies without a Will in India in order to be able to transfer their movable assets, such as bank accounts...

Introduction Divorcing outside India presents a unique set of challenges, blending legal intricacies with cultural and procedural hurdles. Under the Foreign Marriage Act of 1969, Indian law applies to marriages solemnized abroad between Indian citizens or between Indian and foreign nationals. These cases are also shaped by Indian personal laws such as the Hindu Marriage Act, Indian Divorce Act, and Special Marriage Act. To initiate divorce proceedings in India, at least one spouse must be an Indian citizen or have lived in India for three or more years. While the divorce petition can be filed in the jurisdiction where either spouse resides, seeking legal counsel is essential to determine the appropriate venue. A mutual divorce requires consent from both spouses. They must jointly petition the court and present their case. Upon finding the grounds valid, the divorce is granted. However, when one party opposes the separation, the process can grow more complicated. Courts often suggest m...

Introduction The idea of home still pulls millions of Indians toward their roots, even though they live abroad. Divorces, custody battles, and maintenance claims arise when family disputes cross borders, resulting in a long, lonely, and complex legal process. Despite being Indian citizens or of Indian origin, non-resident Indians often face a slow, confusing system that does not seem to account for their circumstances. Are you harassed by local police machinery when you are miles away from your current residence, when your child is unlawfully retained in India? When your foreign maintenance order is ignored? Every NRI should become familiar with the Constitution of India and use its powerful set of remedies, because no one else will advocate more vigorously for you than you will. Indian Constitution: Not Just for Indian Citizens Having access to constitutional remedies is at the core of Indian democracy - your right to seek redress directly from the judiciary when your fundamental rig...

Introduction The best way to ensure you are well-prepared for the complexities of surrogacy in India is to go through a comprehensive checklist before diving into the legal intricacies. The Right Surrogacy Arrangement Traditionally, surrogacy involves the surrogate using her own eggs, while gestational surrogacy involves the surrogate carrying an embryo created from the intended parents' or donors' genetic material. You should determine which type of surrogacy is most appropriate for your family. Choose a reputable surrogacy agency The process of surrogacy can be streamlined and guided at every stage by a reputable surrogacy agency. Make sure the surrogacy agency you choose adheres to the laws and ethical guidelines governing surrogacy in India. Consult a medical professional The first and most important step in the checklist is to consult a fertility specialist and a medical professional in order to determine your eligibility for surrogacy and create an embryo that a surrogate...