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Showing posts with the label Personal Lawyers in Bangalore

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...

Property lawyers insights on ancestral property and grandchild rights

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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 ...

Defending Men in Court Against Abuse by Women: The Role of Lawyers

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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...

An Overview of How To Send and Respond to Legal Notices

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Introduction Legal notices are formal communications sent by individuals or their lawyers to other individuals or businesses, informing them that legal action will be taken against them. It works as a warning, offering the other party an opportunity to deal with specific conditions before legal action is taken. Legal notices are a crucial step before filing a lawsuit. They prioritize fairness and due process by checking that all parties involved know the judicial matter at hand. An experienced Lawyer plays an important role in drafting, reviewing, and sending these notices to verify they are legally sound and accurate. When Can You Send a Legal Notice? Legal notices are typically sent in situations involving disputes or breaches of obligations. Some common cases of legal notices include: Property Disputes : Conflicts related to property ownership, transfer, or inheritance. Dishonor of a cheque: When a cheque payment fails without a valid reason. Family Disputes : Issues involv...

Can alimony be taxed? The Divorce Lawyer's Guide to Negotiating Alimony

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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...

A Legal Perspective on Protecting Children During Divorce

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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...

What strategies do drug case lawyers use to defend their clients?

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Introduction: Defending clients in drug cases is a complex and nuanced task that requires a deep understanding of both the law and the strategies that can effectively challenge the prosecution's case. Drug case lawyers employ a range of strategies to ensure that their clients receive a fair trial, and where possible, achieve an acquittal or reduced sentence. Below are some of the most effective strategies used by drug case lawyers. Challenging the Legality of the Search and Seizure: One of the most common and effective strategies drug case lawyers use is to challenge the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If a lawyer can prove that law enforcement violated this right by searching without a warrant, or probable cause, the evidence obtained may be deemed inadmissible in court. This can lead to the dismissal of the charges or a significant...