Posts

Showing posts with the label Men Rights Lawyer

Life After Divorce in Indian Society: The LGBTQ+ Perspective

Image
  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...

How a High Court Advocate defends a Contempt of Court Petition in a Matrimonial Case

Image
Introduction Despite being a critical component of the legal process in matrimonial disputes, contempt of court petitions are often misunderstood in the intricate web of matrimonial disputes. When one party allegedly disobeys or disregards a court order, such a petition results in contempt allegations. In my capacity as a High Court Advocate in Bangalore, I am familiar with how these situations unfold and the complexities involved in defending against such accusations. By exploring the types of matrimonial cases in which contempt may occur and the strategies employed by a High Court lawyer to defend a client effectively, this blog hopes to demystify the process. Matrimonial Contempt of Court: An Overview How does contempt of court work? Any action that disrespects the authority of the court, interferes with the administration of justice, or defies a court order is considered contempt of court. Whenever a party fails to comply with court orders regarding maintenance, child custody, or ...

Property lawyers insights on ancestral property and grandchild rights

Image
Introduction The laws of succession in India govern the inheritance and distribution of assets. The laws ensure that the estates of deceased individuals are fairly distributed to their legal heirs in accordance with the succession acts in place. Understanding the types of property in India - namely ancestral property and self-acquired property - is paramount for anyone navigating property law in India. This article discusses ancestral property in the Indian legal context, particularly how it pertains to the rights of grandchildren over the property of their grandfathers. Types of Property in Indian Succession Law According to Indian law, assets are classified into two categories: Ancestral Property Self-acquired property Though ancestral property is a well-known term, its full legal meaning is complex, especially since it is not specifically defined in any law. Over time, Indian courts have clarified its implications through various judgments that have shaped the meaning of ancestral ...

Foreign Divorce Decree on Indian Territory: Validity & Execution

Image
Introduction In the era of globalization, with millions of Indian families relocating to foreign lands, international family law has gained prominence. The Indian community abroad , with over 32 million Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), often faces legal complications due to cross-border family disputes. According to the Ministry of External Affairs, around 2.5 million Indians migrate each year, with more than half married. This migration, combined with the rise in marital disputes , requires understanding how foreign divorce decrees and matrimonial judgments can be enforced in India. While many Indian married couples may initially relocate alone and later bring their partners or children, marital problems can arise in such cases, this may lead to legal disputes. These issues frequently result in divorce, child custody or other family-related legal proceedings in foreign courts. To help resolve such disputes, the international family law system ...

Divorce Lawyer's Perspective - Is Wife Entitled to Alimony if Marriage Is Void

Image
Introduction Marriage is often considered as a sacred bond of love, trust and commitment but marriages can sometimes fall apart, leading to legal complications. While divorce legally ends a valid marriage, a dissolution voids it from the beginning, as though it never existed. This raises a significant question: Is the wife entitled to alimony in a void marriage? From the perspective of a divorce lawyer , the answer lies in examining court cases , statutory provisions and the continuous evolution of the law. Annulment: What Does It Mean? During annulment, a marriage is declared null and void. In contrast to divorce, annulment erases a legally valid marriage like it never happened. Grounds for annulment include: Fraud or misrepresentation : One party lied about or concealed crucial facts. Coercion or duress : The marriage of one party was induced by coercion or duress. Incapacity : Mental or physical incapacity to consent to or consummate the marriage. Bigamy : One party was alrea...