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Showing posts with the label Drug Case Lawyers in Bangalore

Who Can Help NRIs with Family Disputes in Indian Courts?

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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...

How to Prepare for Marriage Key Questions to Ask Him and His Family

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Introduction Marriage is an important decision, filled with emotions, excitement, and expectations. I have witnessed first-hand how unresolved assumptions and misaligned values can result in marital conflict as a seasoned divorce lawyer in Bangalore . It is essential that women initiate clear and honest conversations with their prospective partners and families before they tie the knot in order to build a lasting relationship. This guide helps women navigate key topics important to marital harmony. Identity and Values Identify your own values and identity before you seek answers from your future partner. Reflect on your boundaries, aspirations, spiritual beliefs, and emotional needs, and when you are clear about what matters to you, communication becomes easier, and expectations are aligned. The Future of Finances: A Conversation on Money Transparency in finances is crucial. Don't simply ask about current savings; discuss how income will be divided, expenses will be handled, debts...

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 Approach Divorce with a Partner Facing Mental Health Challenges

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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 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 ...