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Showing posts with the label Quashing of 498a

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...

Divorce Lawyer in India's Perspective on Alimony for a Wife in the Case of a Void Marriage

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Introduction Recent developments have led to a Supreme Court bench's decision that the case should be remanded to the Chief Justice of India to form a three-judge bench based on the conflicting judgments handed down by a two-judge bench about the award of alimony. The sacred bond of love, trust, and commitment that is marriage can sometimes take a turn during a relationship which can cause both parties to question the foundation of their relationship. In the annulment of a marriage, the legal declaration declares that the marriage did not exist. On the other hand, the annulment invalidates the marriage at the beginning, as if it never existed. In the case of an annulment, does the wife still have the right to receive alimony in the future, regardless of the annulment? The annulment of a marriage is a legal process which can be used to declare it null and void through various legal processes. This can occur for a number of reasons, such as fraud, coercion, incapacity, or a failure ...

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 ...

Divorce Settlement Mistakes to Avoid Insights from a Bangalore Family Lawyer

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Introduction Divorce is not only emotionally challenging but also financially complex. When dealing with finances, taxes, property, and long-term obligations, navigating through the financial aspects of a divorce settlement requires careful consideration. Having practiced family law in Bangalore for nearly two decades, I have witnessed firsthand how financial mistakes during divorce settlements can have significant long-term consequences. Listed below are the top 15 financial mistakes to avoid in your divorce settlement, together with practical tips to safeguard your financial future. The Full Scope of Finances Ignored Having an incomplete accounting of your assets, liabilities, income, and expenses could result in an unfair settlement. Make sure you have an accurate list of all assets, bank accounts, investments, and debts. Ignoring tax implications You should be aware that divorce settlements may negatively affect your tax liability. If you are contemplating divorce, you should thi...

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 ...