Legal service for Quashing of 498a

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...

Introduction In recent years, the legal system in India has changed to accept that men, too, can be victims of domestic abuse and false allegations in matrimonial disputes. This change highlights the crucial role of lawyers in getting justice for men who find themselves in challenging situations. As experienced family lawyers in Bangalore , we’d like to highlight the various legal strategies and solutions available to men facing abuse. This will help them protect their rights and mental health. 1. Appealing Against Lower Court Judgments If a lower court’s judgment appears biased or unjust, an experienced lawyer can file an appeal to the High Court. The High Court can re-examine the case, reviewing all evidence and arguments afresh. Appeals are often filed in cases involving denying child custody or visitation rights. In addition, interim maintenance is ordered without a fair hearing. This legal recourse ensures a more balanced and comprehensive review of the case. 2. Quashing...

Introduction A commercial dispute arises when businesses disagree over transactions, often involving high risks and requiring court involvement . However, resolving such disputes through settlements and mediation, under the guidance of a high court lawyer , is a more cost-effective and efficient solution. This document outlines the procedures, categories, and potential outcomes of settlements and mediation under the Commercial Courts Act, 2015. Categories of Commercial Disputes Commercial disputes can be classified into the following categories, encompassing both domestic and international transactions, involving individuals or institutions: Partnership Disputes Contractual Agreements Employee-Employer Disputes Customer Disputes Shareholder Disputes Note: Disputes involving a monetary value exceeding INR 3,00,000 (Rupees Three Lakhs Only) are adjudicated by Commercial Courts. Definition of a Commercial Dispute As defined under Section 2(C) of the Commercial Courts Act, 201...

Introduction: Divorce is emotional and it often involves finances, especially alimony. A common question during these negotiations is whether alimony payments are taxable in India. This guide, provided by experienced Divorce Lawyers , aims to clarify the tax effects of alimony, helping you navigate these complexities confidently. Understanding Alimony: What Is It? Maintenance is the financial support one spouse pays to the other after a divorce. Its primary purpose is to ensure that the less-earning spouse, or the one without income, maintains a living standard similar to what was experienced during the marriage. Alimony and Taxation: The Legal Perspective The Indian Income Tax Act of 1961 does not explicitly state whether alimony payments are taxable. However, the interpretation depends on legal precedents and the distinction between capital and revenue receipts. Capital vs. Revenue Receipts Explained Capital Receipts : Generally, these are not taxed unless stated by law. Revenue Rec...

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...

Introduction: In a recent development, the Supreme Court directed that a case be presented to the Chief Justice of India for forming a three-judge bench due to conflicting judgments by a two-judge bench regarding the issue of alimony. Marriage, which is typically seen as a sacred union based on love, trust, and commitment, can sometimes dissolve in ways that leave both parties questioning its very foundation. When a marriage is annulled, it is legally declared as though it never occurred.  But what becomes of the rights and entitlements of the individuals involved, particularly the wife? Does she still have a claim to alimony in the event of an annulment? Annulment is a legal process that declares a marriage null and void for various reasons such as fraud, coercion, incapacity, or failure to consummate the marriage. When a marriage is annulled, it is considered as though the marriage never legally took place. For some, this offers relief and the opportunity to start fresh. However...

Introduction: Divorce is never easy. It is an emotionally demanding process and the stakes are high especially when children are involved. As the best lawyer in Bangalore with vast experience in family law, I have not only seen the devastating impact inter-parental conflict can have on children. I have also seen that a well-negotiated and amicable divorce can safeguard the mental well-being of children and ensure a stable future for them. This blog is about the mental toll that children undergo when their parents fight during divorce proceedings and the legal implications of an amicable divorce instead of a contested one.  Hidden Consequences: Legal and Emotional Impact on Children  When parents are embroiled in a protracted legal dispute, it is not only the adults who suffer, but often the children have to bear the unseen consequences. Legally, the welfare of children should be the foremost consideration in divorce proceedings, but in reality, a contested divorce can leave d...

Introduction: Divorce is a challenging and emotionally charged experience for anyone, but for men, the situation can sometimes feel complicated, especially when it comes to property rights. Ensuring that a man’s property rights are fairly represented and protected during a divorce requires expertise and a deep understanding of the legal system. This is where a men’s rights lawyer steps in. These legal professionals specialize in advocating for men during divorce proceedings, helping them navigate the complexities of property division and ensuring that their rights are upheld. Understanding Property Rights in Divorce: Before diving into how a men’s rights lawyer can help, it’s essential to understand how property division works during a divorce. In most jurisdictions, property is divided into two categories: marital and separate. Marital property refers to assets acquired by either spouse during the marriage, regardless of whose name appears on the title. It may include the family home...