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Showing posts with the label Men Rights Lawyer

Getting the vehicle back that was seized under the NDPS Act

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  Introduction Trafficking in drugs is a major revenue stream for organised crime groups. Drugs are transported in both public and private vehicles . Often, the vehicle owner does not know there is a problem. Meghalaya High Court ruled recently that "unbelievable though such an allegation may seem, the relevant inmate reports that drugs are sometimes transported in army trucks, which are generally immune to inspection.". There is no doubt that the officer has authority to seize the vehicle, and the owner of the vehicle must prove beyond a reasonable doubt that he does not have conscious possession of the vehicle. He is not involved in those offenses to get the vehicle returned to him. A Magistrate Court or a Special Court can only sanction an application for releasing the vehicle on interim custody. The procedure will be as outlined in Section 451 of the Criminal Procedure Code, and a Magistrate will provide temporary custody. The Best Advocates for NDPS cases will prepare an...

False 498a FIRs quashed in high court - Instant remedy

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Introduction A 498a case typically lasts five to seven years, and between two hearings, two to three months usually pass. In cases where the High Court believes that the accused are innocent and falsely implicated in the FIR, they may be able to quash the FIR registered against them when instituting the case. Upon quashing the FIR in the high court, You may file a complaint under section 167 of the IPC if you suspect that any public servant is misusing his/her power based on the actual circumstances and facts of the matter. If such a violation is proven, the authority / public servant may be sentenced to up to seven years in prison or fined. The Indian Penal Code provides you with a remedy if your spouse has given false information to the police so that they may use their powers against you. The Indian Penal Code provides that you can file a case against your wife if you believe she has presented false evidence. Documents or certificates that appear to have been forged or incorrectly ...

FIR Quashing in High Court - Instant Remedy for False 498a FIRs

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Introduction In general, 498a cases are expected to last between 5 and 7 years, and between two hearings, there are usually two to three months between each hearing. If the High Court believes that the accused are innocent and falsely implicated in the FIR, they may have the power to quash the FIR registered against them during the time the case is being instituted. Upon quashing the FIR in high court and If you suspect any public servant, who is aware of the actual circumstances and the facts of the matter, is helping your wife in misusing his/her power, you can file a complaint under section 167 of the IPC. In the event such a violation is proven, the authority / public servant may be imprisoned up to seven years, fined, or both. Using section 182 of the Indian Penal Code, you can invoke the remedy if your spouse has provided false information to the police to use their power to injure you and your family. According to Section 191 of the Indian Penal Code, you can file a case against...

The Truth About Parents Disowning Children in India

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Introduction Several cases have occurred in India where parents have attempted to disown their children, and the courts have intervened. The following are a few examples: The Bombay High Court decided earlier this year that a mother cannot disown her son solely because of his sexual orientation. According to the Delhi High Court, such discrimination is contrary to public policy and morality and cannot be tolerated. According to the Supreme Court of India, a father cannot disown his son for marrying a woman from a lower caste because caste-based discrimination must be eliminated. One such instance involved the parents of a son who came from a very reputed family and were accused of cruelty under Section 498A because they believed they would also become involved in the matrimonial dispute and could be targeted for false accusations. It was also their intention to disown their son as they felt ashamed and embarrassed. However, it is important to remember that everyone is innocent until p...

Life After Divorce in Indian Society: The LGBTQ+ Perspective

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  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...