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Showing posts with the label Personal Lawyers in Bangalore

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 ...

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...

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...