Legal service for Quashing of 498a

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...

Introduction Divorce is a complex and emotionally charged process, but when one spouse is suffering from mental illness, the difficulties can become even more complicated. Divorcing a spouse with mental illness can be a challenging and complex process, which requires understanding the legal and practical aspects. To clarify and guide this sensitive topic, we have provided a list of frequently asked questions (FAQs). How can I divorce my spouse with a mental illness in India? The Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869 all allow mental illness as a valid basis for divorce in India. A mental disorder deemed severe and incurable may be cited as grounds for divorce if it prevents a couple from living together. However, it is the petitioner's responsibility to demonstrate the severity of the mental illness. Divorce courts decide if mental illness is a valid ground. For a mental illness to be validly used as a basis for divorce, s...

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 ...

Introduction Legal notices are formal communications sent by individuals or their lawyers to other individuals or businesses, informing them that legal action will be taken against them. It works as a warning, offering the other party an opportunity to deal with specific conditions before legal action is taken. Legal notices are a crucial step before filing a lawsuit. They prioritize fairness and due process by checking that all parties involved know the judicial matter at hand. An experienced Lawyer plays an important role in drafting, reviewing, and sending these notices to verify they are legally sound and accurate. When Can You Send a Legal Notice? Legal notices are typically sent in situations involving disputes or breaches of obligations. Some common cases of legal notices include: Property Disputes : Conflicts related to property ownership, transfer, or inheritance. Dishonor of a cheque: When a cheque payment fails without a valid reason. Family Disputes : Issues involv...

Introduction: Buying a property in India requires knowledge of the local property laws . When you understand these laws better, you'll be able to avoid legal issues and make better investment decisions as a result. Following is an overview of ten important property laws in India that every Indian homebuyer should know: Regulatory and Development Act (RERA ) – The purpose of this act is to regulate the real estate sector and protect the interests of homebuyers. This act requires builders to register their projects with the regulatory authority and to disclose all project-related information, including project plans, land titles, and completion timelines. Indian Registration Act - This law requires registration of property deeds, leases, and mortgages. Registrants of all property transactions pay a registration fee based on the value of the property. Transfer of Property Act - The purpose of this law is to regulate the transfer of property. The article discusses the legal re...

Introduction: It is important to keep in mind that divorce is not just an emotional journey; it is also a financial one. Navigating the complexities of a divorce settlement—covering finances, taxes, property division, and long-term obligations—requires careful planning. As an experienced family lawyer in Bangalore with nearly two decades of practice, I’ve seen how financial mistakes during divorce can have lasting consequences. Below are the top 15 financial mistakes to avoid, along with practical tips to protect your financial future. 1. Overlooking the Full Financial Picture Failing to account for all assets, liabilities, income, and expenses can result in an unfair settlement. Ensure that you have a complete list of all movable and immovable assets, bank accounts, investments, and debts. 2. Ignoring Tax Implications Divorce settlements can have significant tax consequences. Alimony, property division, and retirement account withdrawals can impact your tax liabilities. It's vit...

  Is It Legal to Date During Divorce Proceedings? Insights from a Divorce Lawyer in Bangalore Divorce can be an emotionally draining journey, often extending for months or even years. During this time, many people wonder: Is it legal to date while divorce proceedings are still ongoing? As a leading divorce lawyer in Bangalore , I aim to clarify this issue for those navigating such challenging circumstances. In Bangalore, as in many urban areas, dating trends have evolved, largely due to the rise of digital platforms and changing social attitudes. As one of India's most progressive cities, Bangalore has witnessed a shift in the public’s approach to relationships, and dating apps like Tinder, Bumble, and OkCupid are widely used. A 2015 survey published on “VICE” revealed that 42% of dating app users were either married or in the process of divorcing. Many users list themselves as single, despite being married and in the midst of divorce proceedings. This has led to instances where in...

Introduction: Child custody battles can be emotionally charged and complex, requiring careful navigation through the legal landscape. Child custody lawyers play a pivotal role in these proceedings, using various legal strategies to advocate effectively for their clients. This blog explores the most effective strategies these professionals employ, ensuring that the best interests of the child and their clients are prioritized. Understanding the Best Interests of the Child Standard: One of the fundamental principles guiding child custody cases is the "best interests of the child" standard. Lawyers specializing in child custody understand the nuances of this standard, which considers various factors, such as the child's emotional, educational, and physical needs. These lawyers conduct thorough assessments, including interviews with the child, parents, and other relevant parties, to gather evidence that supports their client's position. Custody lawyers can build a compell...