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Showing posts with the label Quashing of 498a

When Can You Legally Remarry After a Divorce in India?

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Introduction Divorce in India involves a complex legal process, . Theimeline for remarriage inis tricately regulated by law, requiring the user to navigate the  legal intricacies of divorce . Under various Indian laws, marriage is carefully outlined, emphasizing the need for both parties to observe a waiting period before embarking on a new marriage. Legislation mandates a 90-day waiting period after divorce. After a divorce decree has been issued, both parties are given a 90-day window to appeal the decree. As long as neither party initiates an appeal within the designated time frame, the pathway to remarriage remains open to either individual once the appeal period has ended. Additionally, this period marks the completion of the divorce proceedings, andhe paparties' eligibilityo begin new chapters in their lives. This blog post examines the significance of the 90-day appeal period, ase considerations individuals must comakes they navigate the post-divorce landscape, and exitsmpl...

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...

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 ...