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Showing posts with the label NRI Divorce Lawyers in Bangalore

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...

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...

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

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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 ...

Foreign Divorce Decree on Indian Territory: Validity & Execution

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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 ...