#Marriage Laws Haryana

[kurukshetradivorceguide]

How to file For Divorce in Kurukshetra

In this article we have explained about How to File for Divorce in Kurukshetra: A Step-by-Step Guide

Introduction

Divorce is a significant life event that encompasses a wide range of emotional and legal challenges. It marks the end of a marital relationship and the beginning of a new phase of life for both parties involved. While it's often associated with feelings of loss, sadness, and sometimes relief, the process of legally dissolving a marriage can be complex and daunting. The legal intricacies of divorce involve navigating through various laws, regulations, and court procedures, which can vary significantly depending on the jurisdiction. In Kurukshetra, as in the rest of India, the divorce process is governed by specific laws that cater to different religions and personal circumstances, adding layers of complexity to an already emotionally charged situation. Understanding these legal nuances, alongside managing the emotional turmoil, requires patience, support, and guidance. Whether it's a mutual consent divorce, where both parties agree on the terms, or a contested case, where disagreements arise, the journey through separation to legal divorce is paved with decisions that affect personal lives, finances, and family dynamics. This article aims to shed light on how to navigate the legal framework for filing a divorce in Kurukshetra, offering a beacon of information for those facing the challenging path of divorce.

Understanding the legal process for filing a divorce in Kurukshetra is crucial for anyone considering ending their marriage through legal means. This knowledge not only empowers individuals to make informed decisions but also prepares them for the steps and challenges they may face during the divorce proceedings. The legal framework governing divorce in Kurukshetra, as in other parts of India, is intricate and varies depending on various factors such as religion, the nature of the marriage, and the specific grounds for divorce. Each of these factors can significantly influence the course of action, the duration of the process, and the eventual outcome.Familiarity with the legal process helps in setting realistic expectations about the timeline, financial implications, and emotional toll of the divorce. It enables individuals to gather the necessary documents, understand their rights and obligations, and seek appropriate legal counsel. Moreover, comprehending the legalities can aid in navigating the complexities of issues like property division, child custody, alimony, and maintenance, which are often the most contentious aspects of a divorce.

For those living in Kurukshetra, recognizing the importance of this understanding is particularly vital. The local legal system, procedures at the family courts, and availability of legal resources might have specific nuances that can impact the divorce process. Being well-informed about these local aspects can facilitate a smoother, more efficient process, reducing the potential for unnecessary delays or legal hurdles.

Understanding Divorce Laws in Kurukshetra

The Indian legal system addresses divorce through various laws that cater to the country's diverse religious communities, reflecting India's commitment to its multicultural society. These laws outline the grounds on which a divorce can be sought, the procedures to be followed, and the rights and duties of the parties involved. For residents of Kurukshetra, Haryana, the applicable divorce laws are consistent with the national legal framework, with the process being governed by the respective personal laws of the individuals involved or the secular law, depending on the situation.

Hindu Marriage Act, 1955

This Act applies to Hindus, Buddhists, Jains, and Sikhs. It provides grounds for divorce including adultery, cruelty, desertion, conversion to another religion, mental disorder, leprosy, venereal disease, renunciation of the world, and not being heard of as being alive for seven years or more. The Act also allows for mutual consent divorce, where both parties agree to dissolve the marriage amicably.

Special Marriage Act, 1954

The Special Marriage Act governs marriages and divorces for individuals who marry outside their religion or choose to marry under this secular law. It offers similar grounds for divorce as the Hindu Marriage Act, including the provision for divorce by mutual consent.

Muslim Personal Law (Shariat) Application Act, 1937

Muslim marriages and divorces are governed by the Muslim Personal

Law, where divorce can be initiated by the husband (Talaq), by the wife (Khula), or mutually (Mubarat). The process and practices vary significantly within the Muslim community, influenced by traditional interpretations of Islamic law.

Indian Divorce Act, 1869

This Act pertains to the Christian community in India, outlining grounds for divorce that include adultery, conversion to another religion, insanity, leprosy, venereal disease, and cruelty, among others.

Parsi Marriage and Divorce Act, 1936

Governing the Parsi community, this Act includes provisions for divorce on grounds such as continuous absence for seven years, non-consummation of marriage, unsoundness of mind, adultery, bigamy, and cruelty.

Family Courts Act, 1984

To facilitate the resolution of family disputes, including divorce, the Family Courts Act established Family Courts. Kurukshetra, like other jurisdictions in India, has a Family Court that exclusively deals with matrimonial disputes, aiming for a more conciliatory approach to resolving such personal and sensitive matters.

It's important for individuals seeking a divorce in Kurukshetra, Haryana, to understand that the process and requirements may vary based on their religious affiliations and the specifics of their case. Consulting with a legal professional experienced in family law can provide clarity and guidance tailored to an individual's unique circumstances, ensuring that they navigate the legal system effectively and with an understanding of their rights and obligations.

Mutual Consent Divorce

Mutual consent divorce is a straightforward and less adversarial process where both spouses agree to dissolve their marriage amicably. This agreement includes consensus on key issues such as alimony, child custody, child support, and division of property. The primary advantages of a mutual consent divorce are:

Simplicity and Speed: The process is generally faster and less complicated than a contested divorce, as it does not require a lengthy litigation process.

Reduced Emotional and Financial Stress: Since the terms are agreed upon by both parties, there is less conflict and, consequently, lower legal costs and emotional turmoil.

Legal Requirements: In India, the couple must demonstrate that they have been living separately for at least one year before filing for divorce under mutual consent and that they have been unable to live together. They also need to show that they have mutually agreed to dissolve the marriage.

The process involves filing a joint divorce petition, followed by a waiting period (the cooling-off period, which is usually six months in India but can be waived under certain circumstances), after which the final hearing and decree of divorce are granted.

Contested Divorce

Contested divorce occurs when one spouse wants to dissolve the marriage, but the other does not agree, or they cannot mutually agree on key issues like alimony, child custody, or property division. The reasons for filing a contested divorce can include adultery, cruelty, desertion, conversion, mental disorder, communicable disease, and more. The characteristics of a contested divorce include:

Litigation: The process involves filing a divorce petition by one spouse against the other, leading to a legal battle in court.

Time-Consuming and Costly: Contested divorces can take several years to resolve due to the complexities of the case and the court's schedule. They are also typically more expensive due to extended legal representation and court fees.

Emotional Strain: This type of divorce can be emotionally draining and stressful for both parties and their families, given the adversarial nature of the proceedings.

In a contested divorce, the court plays a crucial role in deciding the terms of the divorce, including division of assets, custody of children, and any financial support. The process involves presenting evidence and arguments to the court to support one's case, after which the court makes a decision based on the merits of the case

Eligibility Criteria for Filing for Divorce in Kurukshetra

In Kurukshetra, Haryana, as in the rest of India, the eligibility criteria for filing for divorce are primarily determined by the personal laws applicable to the individuals involved, which can vary based on their religion. However, there are general criteria and conditions that broadly apply across various laws. Understanding these criteria is crucial for anyone contemplating divorce in Kurukshetra. Here’s an overview of the eligibility criteria for filing for divorce:

1. Marriage Legality

The marriage must be legally valid and recognized under the laws governing the parties involved. This includes compliance with the legal age for marriage and proper registration (if applicable).

2. Jurisdiction

At least one of the parties must reside within the jurisdiction of the court where the divorce petition is to be filed. In Kurukshetra, this means that either spouse should be living in the area where the divorce will be filed, allowing the local family court to have jurisdiction over the case.

3. Duration of Marriage

Certain laws require the couple to have been married for a minimum period before they can file for divorce. For instance, under the Hindu Marriage Act, the couple needs to have been married for at least one year before they can seek a divorce, except in cases where special permission is granted.

4. Grounds for Divorce

The individual filing for divorce must cite valid grounds as recognized by the applicable personal law. These grounds vary but generally include adultery, cruelty, desertion, conversion to another religion, mental disorder, communicable disease, renunciation of the world, and presumption of death.

5. Mutual Consent

For a mutual consent divorce, both parties must agree to the dissolution of the marriage. This involves agreeing on key issues such as alimony, child custody, and property division. The couple must also live separately for a period as required by their applicable personal law before they can file.

6. Contested Divorce

If one party does not consent to the divorce or there are disputes over issues like child custody or property division, then a contested divorce is sought. The spouse filing for divorce must prove the grounds for divorce in court.

7. Cooling-off Period

For mutual consent divorces, there’s often a mandatory cooling-off period between filing the petition and the finalization of the divorce, which allows couples time to reconsider their decision. This period varies according to different personal laws.

8. Mediation and Counseling

Courts often encourage mediation or counseling to resolve disputes amicably before proceeding with contested divorces. Participation in such processes might be required in some cases.

Steps to File a Divorce in Kurukshetra

Filing for divorce in Kurukshetra involves a series of steps that must be followed to ensure the process is legally compliant and as smooth as possible. Here’s a general outline of the steps involved:

1. Determine the Type of Divorce

First, you need to decide whether you are filing for a mutual consent divorce or a contested divorce. Mutual consent implies that both parties agree to the divorce and its terms, whereas a contested divorce means that one party is initiating the divorce against the wishes of the other, usually on specific grounds such as cruelty, desertion, adultery, etc.

2. Consult a Lawyer

It’s advisable to consult with a family lawyer who specializes in divorce cases. A lawyer can provide legal advice, help prepare the necessary documentation, and guide you through the process. They can also represent you in court if necessary.

3. Prepare the Documentation

You will need to gather and prepare the necessary documents for filing a divorce petition. This typically includes marriage certificates, proof of residence, income statements, and any evidence supporting the grounds for divorce in contested cases.

4. Filing the Divorce Petition

The divorce petition must be drafted, detailing the grounds for divorce and other relevant information. In Kurukshetra, this petition is filed at the Family Court. For mutual consent divorces, the petition should include an agreement on various terms such as alimony, child custody, and property division.

5. Court Proceedings

After the petition is filed, the court will schedule hearings. Both parties must be present during these hearings. In cases of mutual consent, the process may be quicker, as the court primarily reviews the agreement between the parties. For contested divorces, the proceedings may involve presenting evidence, witness testimonies, and arguments by lawyers.

6. Mediation and Counseling

The court may refer the parties to mediation to try and resolve their differences amicably, especially in contested cases. Counseling sessions may also be recommended to ensure that both parties are making informed decisions.

7. Court Decision

After hearing the case, the court will make its decision. For mutual consent divorces, there is a mandatory waiting period (cooling-off period) of six months to allow the parties a chance to reconsider their decision. If the parties still wish to proceed after this period, the court will finalize the divorce. In contested cases, the duration until the final decision can vary based on the complexity of the case.

8. Divorce Decree

Once the court is satisfied and the required procedures are completed, it will issue a divorce decree, legally dissolving the marriage. It’s important to obtain a copy of the divorce decree for your records.

9. Appeal (if necessary)

If either party is dissatisfied with the court's decision, they have the option to appeal the decision in a higher court.

Remember, the specific steps and requirements can vary based on individual circumstances, so it’s crucial to seek legal advice from a lawyer experienced in family law in Kurukshetra. They can provide guidance tailored to your situation and help navigate the complexities of the legal process.

Financial Settlements and Child Custody

Financial Settlements

Financial settlements in a divorce include the division of assets, liabilities, and the determination of alimony or maintenance payments. The aim is to ensure an equitable distribution of marital property and financial support, where necessary, for the parties involved.

Division of Assets and Liabilities: Assets acquired during the marriage are generally considered joint property and are subject to division among the parties. This includes real estate, savings, investments, and personal property. Liabilities, such as debts, are also divided. The division is based on several factors, including each party's financial contribution, earning capacity, and future needs.

Alimony/Maintenance: Alimony or spousal maintenance is a financial support paid by one spouse to the other, either during the divorce process or after the divorce has been finalized. The purpose of alimony is to provide financial support to the spouse who may not be financially self-sufficient post-divorce. The amount and duration of alimony depend on various factors, including the length of the marriage, the age and health of the parties, their income and earning potentials, and their standard of living during the marriage.

Child Custody

Child custody arrangements determine how parents will share responsibilities and time with their children post-divorce. The paramount consideration is the child's welfare and best interests.

Types of Custody:

Physical Custody: Determines with whom the child will primarily reside. Joint physical custody arrangements can be made, allowing the child to spend substantial time with both parents.

Legal Custody: Refers to the right to make significant decisions regarding the child's upbringing, including education, health care, and religious training. Legal custody can be shared or sole.

Determining Custody: Courts consider several factors when determining custody arrangements, including the parents' wishes, the child's preference (if old enough), the emotional and physical well-being of all parties, and the ability of each parent to provide for the child's needs.

Visitation Rights: For the non-custodial parent, the court usually grants visitation rights, allowing them to maintain a relationship with their child. Visitation schedules can vary widely and may be detailed or flexible, depending on what is deemed to be in the child's best interests.

Life After Divorce

Life after divorce marks a significant transition, entailing both challenges and opportunities for personal growth and new beginnings. While the immediate aftermath can be a period of adjustment and healing, many find that this time also offers a chance to rediscover oneself and pursue life goals that may have been sidelined. Here are some aspects to consider when navigating life after divorce:

Emotional Healing

Self-Care: Prioritize your physical and mental health. This can include regular exercise, healthy eating, and possibly seeking therapy or counseling to process your emotions.

Support System: Lean on friends, family, and support groups for emotional support. Sharing your experiences with others who understand can be incredibly healing.

Financial Independence

Budgeting: Reassess your financial situation and create a budget that reflects your current income and expenses. This may involve adjusting to a single income if previously relying on your partner's financial contributions.

Financial Planning: Consider consulting a financial advisor to help plan for your future, including savings, investments, and retirement.

Parenting and Child Custody

Co-Parenting: If you have children, establishing a healthy co-parenting arrangement is crucial. This includes clear communication, consistency, and making decisions in the best interest of your children.

Children’s Well-being: Ensure the emotional and psychological well-being of your children by maintaining open lines of communication, providing reassurance, and seeking professional help if needed.

Personal Growth and Development

New Interests and Hobbies: Explore new activities or revisit old hobbies that you may have neglected. This can be a powerful way to rebuild your sense of self.

Education and Career: Post-divorce life can be an opportunity to focus on your career, seek further education, or even consider a career change.

Social Life and Relationships

Socializing: Reconnect with friends or make new ones. Social interactions can provide a sense of belonging and community.

Dating: When you’re ready, consider dating again. Take it slow, and make sure you’ve fully healed from your divorce before entering into a new relationship.

Legal and Administrative Updates

Update Legal Documents: Ensure your legal documents reflect your new marital status. This includes wills, insurance policies, and beneficiaries.

Name Change: If you decide to change your name post-divorce, you'll need to update your identification, bank accounts, and official records.

Reflection and Acceptance

Reflect on the Experience: Reflecting on your divorce can provide valuable insights into your needs, desires, and what you value in relationships.

Acceptance: Accepting the end of your marriage as a part of your life story can be liberating. It allows you to move forward with a clearer understanding of who you are and what you want from life.

Life after divorce is a journey of rediscovery and resilience. With time, many find that they emerge stronger, more independent, and with a renewed sense of purpose. Embrace this chapter as an opportunity to build the life you envision for yourself.

Filing for divorce in Kurukshetra, like in any jurisdiction, is a process that involves careful consideration, preparation, and understanding of legal procedures. This guide has outlined the steps necessary to embark on this challenging journey, from determining the type of divorce and consulting with a lawyer, to preparing documents, navigating court proceedings, and finally, receiving the divorce decree. Alongside these practical steps, we've delved into the emotional and financial aspects of divorce, emphasizing the importance of support, planning, and personal growth post-divorce.

Divorce, while marking the end of a marital relationship, also signifies the beginning of a new chapter in one's life. It's a period of significant change, requiring adjustments and adaptations on personal, financial, and social levels. Whether it's through mutual consent or a contested route, the process demands a comprehensive understanding of the legal landscape, a readiness to deal with the complexities of financial settlements and child custody, and an unwavering commitment to rebuilding and moving forward.

For those considering or undergoing a divorce in Kurukshetra, it's crucial to approach the process with a clear mind and a solid support system. Legal guidance is indispensable, not just for navigating the intricacies of the law, but also for ensuring that one's rights and interests are adequately protected. Emotional support, whether from friends, family, or professionals, plays a vital role in healing and transitioning into life post-divorce.

Ultimately, life after divorce offers a canvas for personal reinvention and growth. It presents an opportunity to rediscover oneself, pursue new interests, and build a fulfilling life. The journey may be fraught with challenges, but with the right resources, support, and mindset, it's possible to emerge from the experience stronger and with a renewed sense of purpose.

In conclusion, filing for divorce in Kurukshetra is a multifaceted process that extends beyond the legal dissolution of a marriage. It's about navigating legal, emotional, and financial terrains with dignity and resilience, while looking ahead to new beginnings and opportunities for personal development.

FAQ on How to File for Divorce in Kurukshetra

1. What are the legal grounds for filing a divorce in Kurukshetra?

A: Grounds include adultery, cruelty, desertion for two years, conversion to another religion, unsound mind, leprosy or venereal disease, and presumption of death.

2. How do I start the divorce process in Kurukshetra?

A: Begin by consulting with a family lawyer to understand your legal options and prepare your case. For expert advice, you can contact Vishal Saini Advocate here.

3. Can I file for divorce without going to Kurukshetra if I live elsewhere?

A: Yes, you can file for divorce in Kurukshetra if either spouse resides there, was married there, or if the marriage was last lived together there. Consulting with a local lawyer like Vishal Saini Advocate can provide specific guidance based on your situation.

4. What documents are required to file for divorce in Kurukshetra?

A: Essential documents include marriage certificate, identity proofs, address proof, income statements, and any evidence supporting the grounds for divorce. For a detailed list, consider consulting with Vishal Saini Advocate.

5. How long does the divorce process take in Kurukshetra?

A: The timeline varies; mutual consent divorces may conclude within 6-18 months, while contested divorces can take longer. Vishal Saini Advocate can offer a more accurate timeline based on your case specifics.

6. Is mutual consent divorce faster in Kurukshetra?

A: Yes, mutual consent divorces are generally quicker, requiring around 6-18 months, depending on the court's schedule and the filing details.

7. How much does it cost to file for divorce in Kurukshetra?

A: Costs vary widely based on lawyer fees, court fees, and the complexity of your case. For an estimate tailored to your situation, reach out to Vishal Saini Advocate.

8. Can I get alimony or maintenance during the divorce process?

A: Yes, either spouse can request interim maintenance during the divorce proceedings. The amount depends on several factors like the spouse's income, lifestyle, and the needs of the person asking for support.

9. What if my spouse does not consent to the divorce?

A: You can still file for divorce under contested conditions. It's crucial to have solid legal representation in such cases. Vishal Saini Advocate can provide the necessary legal support.

10. How is property divided in a divorce in Kurukshetra?

A: Property division is based on various factors, including each spouse's contribution and needs. The court aims for a fair distribution.

11. Can I file for child custody during the divorce process?

A: Yes, child custody is a critical component of divorce proceedings. The child's best interests are paramount in determining custody arrangements.

12. How do I serve my spouse with divorce papers in Kurukshetra?

A: The court will issue a notice to your spouse once the divorce petition is filed. This can be done via a process server or through registered post.

13. Can we settle the divorce without going to court in Kurukshetra?

A: Yes, if both parties agree, you can opt for a mutual consent divorce, which involves less court intervention. Mediation can also help in reaching an agreement.

14. What is the role of a divorce lawyer in Kurukshetra?

A: A divorce lawyer provides legal advice, represents you in court, prepares and files necessary documents, and helps negotiate terms like alimony and child custody. Vishal Saini Advocate can assist with these services.

15. How can I find a good divorce lawyer in Kurukshetra?

A: Look for experienced family lawyers with good reviews and a track record of handling divorce cases successfully. Vishal Saini Advocate comes highly recommended and can be contacted here.

16. What happens in the first hearing of a divorce case?

A: The first hearing typically involves the judge examining the divorce petition and deciding on immediate concerns like child custody or maintenance payments.

17. Can I withdraw my divorce case if I change my mind?

A: Yes, you can withdraw your divorce petition if both parties agree to reconcile. It's advisable to discuss this with your lawyer.

[incoldbloodsblog]

The Dark Side of Honor Killings: Cases that Shocked India

Honor killings remain one of the most disturbing forms of violence in India, highlighting the clash between age-old traditions and modern legal and moral standards. Rooted in rigid concepts of family honor, caste, and patriarchy, these heinous acts often target young couples who defy social norms, such as inter-caste or inter-religious relationships. What makes honor killings even more tragic is the involvement of the victims' own families, driven by the belief that they are restoring honor through violence.In most cases, the victim is a woman, although in several cases the man/boy is also targeted. The victims in some cases are also those belonging to the queer (LGBTQ+) community.

Several cases of honour killings from India’s urban and rural pockets go unreported. The National Crimes Record Bureau’s report for 2020 revealed that 25 cases of “honour killing” were reported in the preceding year. In the previous years, the reports stated that only one incident each took place in 2018 and 2017. But Evidence, an NGO, revealed in November 2019 that as many as 195 known cases of honour killings were reported from Tamil Nadu alone in the past five years.

India has witnessed several brutal cases that shook the nation’s conscience, raising awareness of the deep-seated cultural norms that perpetuate this violence.

https://journals.sagepub.com/

5 Recent Brutal Murders: A Closer Look

1. Nitish Katara Murder Case (2002)

Another chilling case is that of Nitish Katara, a young businessman who was brutally murdered by Vikas Yadav, the son of a prominent politician, because he was in love with Vikas’ sister, Bharti Yadav. The Yadav family, a powerful political dynasty, opposed the relationship as they felt Nitish did not belong to their caste or social class. Nitish was abducted, beaten, and burnt to death in a gruesome crime that shocked the country.The long legal battle for justice was a testimony to how honor killings are often connected to the powerful political class, where perpetrators use their influence to evade justice. The Katara family fought relentlessly, and in 2016, Vikas Yadav was sentenced to life imprisonment, marking a major victory against entrenched social inequalities and caste hierarchies.

https://www.ndtv.com/

2.Manoj-Babli Case (2007)

The infamous Manoj-Babli case from Haryana became a turning point in India's fight against honor killings. Manoj and Babli, who belonged to the same "gotra" (clan), defied societal norms by eloping and marrying. Their marriage enraged Babli’s family and village elders, who deemed their union incestuous, even though it was legal by Indian law. The Khap Panchayat, a local caste council, ordered their murder, and the couple was abducted, tortured, and killed by Babli's relatives.This case was significant as it led to the conviction of several members of the Panchayat, as well as Babli’s family, making it the first time an Indian court had handed down such a severe punishment for an honor killing. The case exposed the authority of Khaps in rural India, which often override state laws, and underscored the urgent need for legal reform to protect young couples.

https://blog.ipleaders.in/

3. Ilavarasan-Divya Case (2013)

The tragic love story of Ilavarasan and Divya from Tamil Nadu exposed how caste continues to dictate relationships and, in extreme cases, lead to honor-based violence. Ilavarasan, a Dalit man, married Divya, a woman from a higher Vanniyar caste, defying the rigid caste system in rural Tamil Nadu. Divya's family and her community could not tolerate their marriage, and her father was accused of driving her to leave Ilavarasan after intense pressure.Soon after, Ilavarasan was found dead near railway tracks, in what many believe to be a planned murder disguised as a suicide. The case caused widespread protests across Tamil Nadu, exposing the caste-based discrimination that still plagues rural India. Ilavarasan’s death was a grim reminder of how deep-rooted prejudices continue to determine the fate of young couples in love, often ending in tragedy.

https://www.thehindu.com/

4. Afsana Case (2020)

Afsana’s case was yet another painful example of how interfaith relationships can become lethal in India. Afsana, a young Muslim woman from Uttar Pradesh, fell in love with a Hindu man, which led to escalating tensions within her conservative family. Afsana’s family disapproved of the relationship, fearing that it would bring shame to their community.In a brutal turn of events, Afsana was strangled to death by her own father and brothers to preserve the family's so-called honor.Afsana’s murder was one among several interfaith love stories in India that faced a similar fate, amplifying the communal tensions surrounding interreligious marriages. Her death not only reflected the patriarchal control over women’s bodies and choices but also pointed to the growing religious intolerance in the country.

https://www.thehindu.com/

5. The Keelvenmani Murders (2021)

In another heart-wrenching case from Tamil Nadu, a Dalit boy, Nirmal Kumar, and his lover, Subhashree, from the dominant Vanniyar caste, were brutally murdered by Subhashree’s family for eloping. The couple, aged just 21 and 20, had sought refuge from Subhashree's relatives who opposed their relationship due to the caste divide. Despite fleeing for safety, they were tracked down and killed in cold blood.This modern-day horror reignited debates about casteism in India, as Subhashree's family faced no remorse for taking the lives of their own kin and her partner. The media coverage and outrage that followed demonstrated how honor killings transcend mere family dynamics and are deeply rooted in India's hierarchical social structure.

https://www.rediff.com/

Laws to Deal with ‘HONOUR KILLING’

In India, honor killings are not governed by a specific law but are prosecuted under general criminal laws, particularly those dealing with murder, homicide, and violence. However, there have been legal measures, court rulings, and proposed bills to address the unique nature of such crimes. Below is an overview of the legal framework and key court interventions in dealing with honor killings:

1. Indian Penal Code (IPC)

Honor killings are generally prosecuted under the following sections of the IPC, which deal with murder and other violent crimes:

Section 302 (Murder): Punishes the crime of murder with life imprisonment or the death penalty.

Section 307 (Attempt to Murder): Applies to cases where the victim survives the attack.

Section 120B (Criminal Conspiracy): Used when multiple people are involved in planning and executing the killing, such as family members or community leaders.

Section 34 (Acts Done by Several Persons in Furtherance of Common Intention): Often used when several people collectively carry out the crime.

Section 364 (Kidnapping or Abduction in Order to Murder): Applied when the victim is kidnapped before being murdered.

Section 376 (Rape): In some cases, sexual assault is also part of the violence related to honor crimes.

2. The Protection of Women from Domestic Violence Act, 2005

While not specifically designed for honor killings, this act provides civil remedies for women facing violence or abuse, including threats of harm related to "family honor." In cases where women are threatened with honor-based violence by their families, they can seek protection under this law.

3. The Indian Constitution

Article 21 (Right to Life): The Supreme Court of India has held that honor killings violate the fundamental right to life and personal liberty enshrined in Article 21 of the Constitution.

Article 14 (Right to Equality): Honor killings, often motivated by caste or gender-based discrimination, are seen as violations of this article, which guarantees equality before the law.

Article 15 (Prohibition of Discrimination on Grounds of Religion, Race, Caste, etc.): In cases where caste or religious differences motivate honor killings, Article 15 is cited.

4. Key Court Judgments

The Supreme Court of India has played a crucial role in addressing honor killings through its judgments, recognizing them as a serious violation of fundamental rights.

Shakti Vahini vs. Union of India (2018): In this landmark judgment, the Supreme Court strongly condemned honor killings and directed state governments to take preventive, remedial, and punitive measures. The court issued guidelines aimed at curbing the influence of Khap Panchayats (traditional caste councils) that often sanction such killings.

Arumugam Servai vs. State of Tamil Nadu (2011): The Supreme Court declared that any person or organization supporting or encouraging honor killings would be subjected to harsh penalties, including the death penalty in certain cases.

5. Proposed Legislation: Prevention of Crimes in the Name of 'Honor' and Tradition Bill, 2010

This proposed bill, introduced in the Rajya Sabha in 2010, sought to address honor killings specifically. Although the bill has not yet become law, it aimed to:

Criminalize the intimidation or harassment of couples who marry against societal or familial norms.

Penalize acts of violence, harassment, or coercion by family members or caste councils (Khap Panchayats).

Impose stricter penalties, including imprisonment and fines, for those found guilty of such crimes.

Criminalize the act of forcing a person into marriage to restore "family honor."

The bill has not been passed, and honor killings continue to be prosecuted under existing criminal laws.

6. Law Commission of India (2012) Recommendations

The Law Commission of India, in its 242nd Report, recommended a specific legal framework to deal with honor crimes. The report called for:

The introduction of a new Section 300A in the IPC to criminalize honor-based crimes.

Recognizing crimes committed in the name of honor as a distinct offense, with special provisions for harsher punishment.

Creating a legal mechanism to tackle the involvement of village or caste panchayats in sanctioning honor killings.

7. Preventive Measures

Police Protection: Courts can direct the police to provide protection to couples who fear for their lives due to the threat of honor killings.

District Magistrate’s Role: The Supreme Court has directed district magistrates to take preventive measures, such as keeping a watch on areas where such crimes are prevalent, and ensuring that couples who marry out of choice are protected.

8. Death Penalty for Honor Killings

While Indian law does not provide a specific provision for the death penalty in honor killing cases, courts have imposed the death sentence in some cases under the "rarest of the rare" doctrine. This doctrine allows for the death penalty in cases where the crime is deemed exceptionally brutal or heinous, as in many honor killing cases.

Honor Killings: The Larger Picture

The common thread in these cases is the deep-seated social structure in India that prioritizes family honor, caste purity, and community approval over individual freedoms and personal choices. Honor killings often occur in rural areas but are not limited to them. The influence of caste-based councils, or Khaps, is still strong in many parts of the country, where they wield unofficial but significant authority, often leading to such heinous crimes.

The Legal Struggle

Despite the growing awareness around honor killings, India does not have a specific law addressing this form of violence. Such killings are prosecuted under general murder laws, but activists argue that these laws fail to address the cultural and social factors that fuel such crimes. Several attempts have been made to pass a comprehensive law targeting honor-based violence, but progress has been slow.

Conclusion

Honor killings reflect the darkest aspects of India’s social fabric, where archaic traditions collide with modern values of personal freedom and choice. The cases of Manoj-Babli, Nitish Katara, Ilavarasan-Divya, and others serve as tragic reminders of the lives lost to this outdated concept of family and social honor. As India continues to evolve, the need for legal reforms, societal education, and support systems for young couples becomes ever more critical to prevent such atrocities in the future. Although India does not have a dedicated law for honor killings, the existing legal framework provides several avenues to prosecute and punish offenders. The judiciary has been proactive in addressing the issue through landmark judgments, while civil society continues to push for specific legislation that acknowledges the unique social and cultural dimensions of honor crimes. Until a comprehensive legal framework is enacted, honor killings will continue to be prosecuted under general criminal laws, and the battle against these brutal practices will rely heavily on enforcement, awareness, and education.

Sources:

www.newindianexpress.com

newindianexpress.com

www.britannica.com

[kumaramit10]

best divorce lawyer gurgaon

best divorce lawyer haryana

best family lawyer gurgaon

top law firm

top law firm haryana

mutual consent divorce gurgaon

best family lawyer haryana

[amlegal]

Navigating Divorce in Gurgaon? Find Your Top Advocate Here 

Gurgaon, a bustling metropolis known for its corporate towers and cosmopolitan vibe, also grapples with the complexities of life's transitions. When navigating the emotional and legal challenges of divorce in Gurgaon, finding your top advocate becomes crucial.

Facing Divorce in Gurgaon: You're Not Alone

The decision to divorce is a difficult one, but it's a reality for many couples in Gurgaon. Whether it's a result of growing apart or unforeseen circumstances, navigating the legalities of divorce can be overwhelming. Here are some key areas a divorce lawyer in Gurgaon can assist you with:

Dissolution of Marriage Proceedings: A lawyer will ensure the legal aspects of dissolving the marriage are handled correctly, following established procedures and protecting your rights throughout the process.

Financial Security: A skilled lawyer will help you navigate alimony arrangements, ensuring fair financial support is received or determined based on your situation.

Child Custody and Visitation: If children are involved, your lawyer will advocate for your rights regarding child custody and visitation arrangements, prioritizing the well-being of your children.

Division of Assets and Debts: A lawyer will guide you through the division of assets and debts accumulated during the marriage, ensuring a fair and equitable settlement.

Property Settlements: Whether it's a jointly owned home or other property, your lawyer will represent your interests effectively during property settlements.

Benefits of Having a Top Advocate by Your Side

Choosing a top divorce lawyer in Gurgaon offers a multitude of benefits:

In-depth Knowledge of Gurgaon Divorce Law: They possess a thorough understanding of Indian divorce laws specific to Gurgaon, ensuring you navigate the process smoothly and efficiently.

Strategic Planning and Clear Communication: Your lawyer will meticulously analyze your case, develop a clear and effective strategy tailored to your unique situation, and keep you informed throughout the process.

Skilled Negotiation: Many divorce cases can be resolved through negotiation. Your lawyer's expertise allows them to secure a fair settlement that minimizes conflict and meets your needs.

Effective Courtroom Advocacy: If the case goes to court, your lawyer will represent you effectively, presenting your case persuasively and advocating for your best interests.

Compassionate Support System: Divorce can be emotionally draining. A good lawyer will provide a listening ear and offer support throughout this challenging time.

Finding Your Top Advocate: Choosing a Divorce Lawyer in Gurgaon

With numerous lawyers practicing in Gurgaon, selecting the one who best suits your needs can feel daunting. Here are some key factors to consider when making this important decision:

Area of Specialization: Choose a lawyer who has a strong track record in handling divorce cases similar to yours. For instance, if child custody is a major concern, choose a lawyer with experience in that specific area.

Experience and Reputation: Research the lawyer's experience and success rate in handling divorce cases in Gurgaon. Consider online reviews and testimonials from past clients to gain valuable insights.

Communication Style: Choose a lawyer who is patient and explains complex legal concepts in a clear and understandable way, and is readily available to answer your questions. Open communication is key to building a strong attorney-client relationship.

Transparency in Fees: Discuss fees upfront and ensure the lawyer provides a clear breakdown of costs. Transparency builds trust and ensures you are aware of all financial aspects of the legal process.

Additional Resources:

The Bar Council of Punjab and Haryana maintains a directory of lawyers practicing in Gurgaon. This can be a helpful starting point for your search for a divorce lawyer in Gurgaon.

Legal websites and online directories often feature profiles of lawyers, including their area of specialization and contact information.

Taking the First Step Towards Resolution

Choosing a top divorce lawyer in Gurgaon empowers you to navigate the legalities of divorce with greater confidence and clarity. Here are some additional tips to get you started:

Schedule Consultations: Meet with several lawyers to assess their personality, communication style, and approach. Choose a lawyer who you feel comfortable and confident discussing your situation with.

Gather Information: Get organized by gathering relevant documents like marriage certificates, financial records, and any communication related to the divorce.

Honesty is Key: Open and honest communication with your lawyer is crucial. They need a clear understanding of your situation to develop the strongest possible strategy for you.

Ask Questions: Don't hesitate to ask questions and ensure you fully understand the legal process, potential timelines, and your options.

By following these tips and seeking guidance from a top divorce lawyer in Gurgaon, you can navigate the legal complexities of divorce with greater clarity and take control of your future. Remember, a good lawyer will not only advocate for your legal rights but also provide emotional support and guidance during this challenging time.

[courtmarriagegovdelhi]

Simplifying the Process: Court Marriage in Faridabad

In recent times, the concept of court marriage has gained significant popularity owing to its simplicity and legality. Couples often opt for court marriages due to various reasons such as cultural differences, societal pressures, or simply a preference for a hassle-free union. Faridabad, a bustling city in the state of Haryana, offers a streamlined process for couples seeking to tie the knot legally. Let's delve into the intricacies of court marriage in Faridabad and how couples can navigate through the process seamlessly.

Understanding Court Marriage in Faridabad:

Legal Formalities: Court marriage in Faridabad follows the provisions outlined in the Special Marriage Act, 1954. This Act allows individuals of different religions, castes, or nationalities to solemnize their marriage through a civil ceremony.

Eligibility Criteria: Couples seeking court marriage in Faridabad must fulfill certain criteria. Both parties should be of legal marriageable age, which is 18 years for the bride and 21 years for the groom. They should also be mentally sound and capable of understanding the consequences of marriage.

Documentation: Documentation plays a pivotal role in the court marriage process. Couples need to submit essential documents such as identity proof, address proof, age proof, and passport-sized photographs. Additionally, they must provide a marriage notice at the designated marriage office in Faridabad.

Witnesses: Presence of witnesses is mandatory during the court marriage proceedings. Couples need to bring along two witnesses who can vouch for their identity and consent for marriage. These witnesses play a crucial role in validating the marriage.

Court Marriage in Faridabad: Once all the formalities are completed and documents are submitted, couples are required to appear before the Marriage Registrar along with their witnesses. The Registrar solemnizes the marriage in the presence of both parties and the witnesses. This process ensures the legality and validity of the marriage under the law.

Registration: Following the solemnization of marriage, couples receive the marriage certificate from the Marriage Registrar. This certificate serves as legal proof of marriage and is essential for various administrative and legal purposes.

Court marriage in Faridabad provides a convenient and legally valid option for couples seeking to formalize their union. Whether it's inter-caste, inter-religious, or simply a matter of choice, court marriage offers a practical solution without the complexities associated with traditional ceremonies.

Faridabad, with its efficient administrative setup, ensures a smooth and hassle-free experience for couples undergoing court marriage proceedings. The city's marriage offices are well-equipped to handle the documentation process and facilitate the solemnization of marriage in accordance with legal requirements.

In conclusion, court marriage in Faridabad offers a viable option for couples looking to embark on their marital journey with legality and simplicity. By adhering to the prescribed procedures and fulfilling the necessary criteria, couples can embark on a new chapter in their lives with confidence and peace of mind, knowing that their union is recognized under the law. Whether it's a love marriage or an arranged alliance, court marriage in Faridabad caters to the diverse needs of couples, making the process accessible and convenient.

[pyassociatesofficial]

Matrimonial  law

Matrimonial law is a legal field that governs various aspects of marriage and family relationships. It covers a wide range of legal issues, including marriage, divorce, separation, annulment, child custody, child support, spousal support, property division, and adoption. It is primarily concerned with the rights, responsibilities, and obligations of married couples and their families.

#pyandassociates#Matrimoniallaw#law#divorce#legal#marriage Address: Plot No. 616P, Huda City Road, near UNITECH CYBER PARK, Sector 39, Gurugram, Haryana 122001

Call Us: +91 97832 77944Email Us: office@pyandassociates.com https://www.pyandassociates.com/matrimonial-law/

[newnewz]

Live-In Relationship A "Dangerous Disease", Bring Law Against It: BJP MP In Parliament

A BJP MP from Haryana today termed live-in relationships a “dangerous disease” that needs to be eradicated from society and urged the government to make a law against it.

Raising the issue in the Lok Sabha during ‘zero hour’, Dharambir Singh also said divorce rates in love marriages were high and the consent of the parents of the bride and groom should therefore be made mandatory for such alliances.

“I want to bring to the notice of the government and Parliament a very serious issue. Indian culture is known for its philosophy of ‘Vasudhaiva Kutumbakam (world is one family) and brotherhood. Our social fabric is different from others in the world. The whole world is impressed by our unity in diversity,” the MP from Bhiwani-Mahendragarh said.

Noting that India has a long tradition of arranged marriages, Mr Singh said a large section of society even to this day gives priority to marriages arranged by parents or relatives.

This has the consent of the bride and groom and arranged marriages are based on a match of several common factors such as social and individual values and likes as well as family backgrounds, he said.

“Marriage is considered a sacred relationship that continues for seven generations…Divorce rate is about 1.1 per cent in India as compared with America which has a rate of about 40 per cent. It has been observed that the rate of divorce in arranged marriages is very less. However, there is a lot of increase in divorce rate recently and the main reason for it is love marriages,” Mr Singh said.

“Therefore, it is my suggestion that the consent of mother and father of the bride and groom be made mandatory in love marriages because in large parts of the country marriage does not happen in the same ‘gotra’ and due to love marriages there are a lot of conflicts in the villages. Scores of families are destroyed in these conflicts, therefore the consent of both the families is important,” he said.

Mr Singh said a “new disease” has emerged and this social evil is called “live-in relationship”.

Under this, two persons, man or woman, live together without marriage, the BJP MP said.

“Such relationships are very common in western nations but this evil is fast spreading in our society also and the consequences are horrible. Recently, the case of Shraddha (Walkar) and Aftab (Poonawala) had come to light in which both were in a live-in relationship,” Mr Singh said.

Such cases keep coming to the fore almost daily, he added while referring to the gruesome case in Delhi of a man allegedly killing his live-in partner and chopping her body to pieces.

“Not only this is ruining our culture but also hatred and evils are spreading in the society. If this continues our culture will die and there will be no difference between us and others,” he said.

“I request the minister that a law be made against live-in relationships so that this dangerous disease can be eradicated from society,” Mr Singh said.

[peoplesmint]

🇮🇳#LiveIn without #divorce from previous #marriage is a #punishable offense: Punjab & Haryana #HighCourt

Join Telegram for more News 👇

http://t.me/peoplesmint

http://t.me/PeoplesMintIndia

http://t.me/PeoplesMintHindi

http://t.me/PeoplesMintLife

#news #Law #Punjab #Haryana #PeoplesMintLaw

[rentingwaves]

Meet Advocate Amit Kumar Aneja: Your Trusted Legal Partner in Bathinda

Meet Advocate Amit Kumar Aneja, an esteemed legal professional with over 13 years of experience in a diverse array of legal domains. Since earning his law degree in 2010, he has been dedicated to providing comprehensive legal services in Bathinda and surrounding areas. With a strong focus on client advocacy and meticulous attention to detail, Advocate Amit has established himself as a trusted and reliable legal partner.

Expertise Across Multiple Fields

Advocate Amit Kumar Aneja’s expertise spans various legal areas, including trademark and copyright, family law, cheque bounce cases, divorce proceedings, motor accident cases, and the drafting and reviewing of various agreements and documents. His comprehensive understanding of these fields enables him to provide nuanced and effective legal representation to his clients.

A Recognized Legal Figure

Advocate Amit has not only excelled in his legal practice but has also actively contributed to the legal community. His former role as the Vice President of the District Bar Association Bathinda is a testament to his commitment to the legal profession and his dedication to upholding the principles of justice.

Dedicated and Multilingual Services

Located in the heart of District Courts, Bathinda, Advocate Amit offers legal services in English, Hindi, and Punjabi. His multilingual capabilities allow him to cater to a diverse clientele and provide effective communication for a seamless legal process.

Areas of Practice

With a wide-ranging practice encompassing cheque bounce cases, child custody, civil disputes, consumer court matters, court marriages, criminal defense, divorce proceedings, domestic violence cases, family law disputes, property matters, recovery cases, and wills/trusts, Advocate Amit Kumar Aneja is equipped to handle a multitude of legal challenges with finesse and expertise.

Enrollment and Court Affiliations

Enrolled with the Bar Council of Punjab & Haryana under enrollment number P/2984/2010, Advocate Amit represents clients at various courts, including District Court, Bathinda, District Court, Mansa, and District Court, Sri Muktsar Sahib.

With Advocate Amit Kumar Aneja by your side, you can navigate legal complexities with confidence, knowing that your case is in capable hands. Contact him today for trusted legal counsel and representation in Bathinda and beyond.

[sohanbir]

Women will misuse divorce -Muslims on UCC

Muslim On UCC:- In the midst of debate on Uniform Civil Code, News team is going to different areas to know the opinion of Muslims. Know, what Muslims think in Haryana's Nuh.

Muslims Opinion On UCC. Image By-india.postsen.com

Uniform Civil Code:-

Uniform Civil Code: The Law Commission has extended the deadline for giving suggestions in this regard amidst the ongoing debate on Uniform Civil Code ie Uniform Civil Code in the country. Now people can give their opinion about this till 28th July. The special thing is that till now 50 lakh people have given their opinion on this. Under the UCC, a law has to be brought in the country for all the citizens, but when there is opposition to it, the matter revolves around Muslims. In such a situation, it is important to know what the Muslims think on this matter. To know this, team reached Haryana's Nuh and took the opinion of Muslims.Nuh of Haryana is a Muslim dominated area. About 85 percent Muslims live here. When News team reached Gandhi village Khaskheda village of Nuh, people kept hesitating in the initial questions and were seen avoiding saying anything. When there was a question on raising the age of marriage of girls.

Refused UCC in the guise of Shariat:-

finally when they were ready to speak, they refused to accept UCC in the name of Shariat. Said that there is a human law and there is an Islamic law. We love human law, but it is made by humans. The Islamic law has come from heaven and we will not tolerate even an iota of difference in it. Demanding the cancellation of UCC, the Muslims said that the beauty of the garden lies in the different flowers. If flowers are planted in only one way, there will be no beauty.

What do Muslims think about women's right to divorce?

No draft of UCISA has come yet, but theoretically it is discussed that women will also have equal right to divorce. The opinion of the Muslims of Noah is different from this matter. Muslims told News team that if the right of divorce goes into the hands of women, it will be misused. When it came to purdah, women were compared to a banana and it was said that as long as the skin of the banana remains, it is good. It remains, as soon as you remove the banana peel, flies come on it. That is why Islam has given purdah for women. Also reiterated that tampering with the law of Islam will not be tolerated.

What did they say on 4 marriage?

In Nuh, Muslims with News team said that 99 percent of Muslims in the country have one wife, so what is the need to bring a law in such a way. Citing the Quran, he said that with this Muslim widows can settle down. It is not that only the elderly or old people think so, the opinion of the youth is also similar. On the question of children, Muslims said that if everyone thinks that only one child has to be born then what will happen to the country. Also asked the question, what will happen to those who do not have a single child.

What is the opinion of Muslims on Halala?

Muslims said on Halala, this is not an insult of ladies. argued that what difference does it make to those people who do not trust in Islam, what are the regulations in our religion. Muslims also think that their religion is being intentionally tampered with. Read the full article

[kurukshetradivorceguide]

Step-by-step divorce process in Kurukshetra explained

In this article we have explained Divorce Process in Kurukshetra in step by step manner.

Step-by-step divorce process in Kurukshetra explained

Navigating the divorce process in Kurukshetra, a city with its unique legal environment within the Indian state of Haryana, can be a challenging journey. This comprehensive guide aims to demystify the process, providing a clear, step-by-step outline tailored for those seeking to understand the nuances of obtaining a divorce in Kurukshetra. Whether you're facing the initial contemplation of divorce or are deep into the legal proceedings, this article will serve as your roadmap.

Step 1: Understanding the Grounds for Divorce

Before initiating any legal process, it's crucial to understand on what grounds you can file for divorce in Kurukshetra. Indian law recognizes several grounds such as cruelty, desertion, conversion to another religion, mental disorder, communicable disease, renunciation of the world, and adultery. Identifying the appropriate grounds for your case is the first critical step.

Step 2: Seeking Legal Consultation

It is advisable to consult with a legal expert specializing in family law in Kurukshetra. A seasoned lawyer can provide personalized advice based on the specifics of your case, help you understand your rights and responsibilities, and guide you on the most strategic path forward.

Contact Divorce Lawyer in Kurukshetra

Step 3: Filing the Divorce Petition

Once you have your grounds for divorce and legal counsel, the next step is to file a divorce petition in the Family Court of Kurukshetra. Your petition should include all relevant details such as marriage date, place of marriage, grounds for divorce, current living arrangements, and information about any children from the marriage.

Step 4: Serving the Notice

After the divorce petition is filed, the court will issue a notice to the other spouse, serving them with the petition. This step ensures that the other party is informed about the divorce proceedings and has an opportunity to present their side.

Step 5: Responding to the Petition

The spouse on the receiving end of the divorce petition has the opportunity to file a response. They may agree to the divorce, in which case the process can move more smoothly, or they may contest the divorce, leading to a more complicated legal battle.

Step 6: Mediation and Counseling

In cases where there is a disagreement, the court often recommends mediation. Mediation involves a neutral third party helping the couple reach an agreement. Additionally, the court might recommend counseling sessions to explore the possibility of reconciliation.

Step 7: Trial and Evidence

If mediation and counseling do not result in reconciliation or agreement, the case proceeds to trial. Both parties present evidence and arguments to support their claims. This step can be lengthy, depending on the complexity of the case and the evidence presented.

Step 8: Final Judgment and Decree

After considering all evidence and arguments, the court will pass its judgment. If the divorce is granted, a divorce decree is issued, officially dissolving the marriage. It's important to obtain a copy of the decree for your records.

Conclusion

The divorce process in Kurukshetra involves multiple steps, from understanding legal grounds to obtaining a final decree. It's a path fraught with emotional and legal complexities. Armed with the right information and legal support, navigating this process can be made somewhat smoother. Remember, every divorce case is unique, and it's essential to seek personalised legal advice tailored to your specific circumstances.

FAQ:- Step-by-step divorce process in Kurukshetra explained

What is the first step in starting a divorce process in Kurukshetra?

The first step is consulting a family lawyer, like Vishal Saini Advocate, to understand your legal rights and the divorce process.

How do I contact Vishal Saini Advocate for a divorce case?

You can call at (+91) 9991188899 or email vishalsainiadv@gmail.com to schedule a consultation.

Where is Vishal Saini's office located in Kurukshetra?

His office is located at Chamber no 540, Block 3, Multi-Story Building, District & Session Courts, Kurukshetra.

What documents are needed to file for divorce?

Basic documents include marriage certificate, identity proofs, address proof, income statements, and any evidence of marriage issues.

How long does the divorce process take in Kurukshetra?

It varies, but an uncontested divorce might take 6-12 months, whereas contested ones can take longer.

What are the grounds for divorce in Kurukshetra?

Grounds include adultery, cruelty, desertion, conversion to another religion, mental disorder, leprosy, venereal disease, renunciation, and not being heard alive for seven years.

Can we file for a mutual consent divorce in Kurukshetra?

Yes, if both parties agree on all divorce terms, a mutual consent divorce can be filed.

What is the cooling-off period in mutual consent divorce?

There's a mandatory cooling-off period of 6 months in Kurukshetra, which can be waived off in certain circumstances.

Is it necessary to attend court hearings during the divorce process?

Yes, both parties must attend court hearings unless exempted by the court under specific circumstances.

Can Vishal Saini Advocate handle divorce cases involving NRIs?

Yes, he has experience in handling divorce cases for NRIs, including jurisdictional issues and legal representation.

What is the fee structure for a divorce case?

Fees vary based on case complexity. It's best to discuss directly with Vishal Saini Advocate for a clear understanding.

How can I ensure child custody during the divorce?

Child custody is determined based on the child's best interest. Legal advice and proper representation by an advocate can help argue your case effectively.

What is alimony, and how is it calculated?

Alimony is financial support provided to a spouse post-divorce, calculated based on income, lifestyle, and the spouse's ability to earn.

Can I file for divorce without my spouse's consent?

Yes, you can file for a contested divorce on specific grounds without your spouse's consent.

What is the difference between contested and uncontested divorce?

Uncontested divorce is when both parties agree on divorce terms, while contested divorce involves disputes that require a court's intervention.

Can divorce proceedings be fast-tracked in Kurukshetra?

In certain circumstances, courts may consider fast-tracking, especially in mutual consent divorces.

What happens if my spouse doesn't respond to the divorce petition?

The court may proceed with the divorce ex-parte, meaning without the respondent's participation.

Is mediation mandatory in divorce cases in Kurukshetra?

Yes, the court often mandates mediation to resolve disputes amicably before proceeding with the divorce.

Can I change lawyers during my divorce case?

Yes, you can change your lawyer at any stage of the divorce process.

What are the legal fees for a mutual consent divorce?

Legal fees vary; contact Vishal Saini Advocate for specific details regarding mutual consent divorce fees.

How do I prepare for my first meeting with Vishal Saini Advocate?

Collect all relevant documents and write down important points or questions you want to discuss.

Can Vishal Saini Advocate help with property division during divorce?

Yes, he can provide legal assistance in negotiating and drafting agreements for property division.

What if my spouse and I reconcile during the divorce process?

You can withdraw the divorce petition if both parties agree to reconcile.

Are there any alternatives to divorce in Kurukshetra?

Alternatives include judicial separation or mediation to resolve disputes without ending the marriage.

How is child support calculated in Kurukshetra?

Child support is determined based on the child's needs, parents' income, and standard of living.

What if I can't afford the legal fees for a divorce?

Discuss your situation with Vishal Saini Advocate; some advocates offer flexible payment plans or pro bono services in certain cases.

Can I appeal against a divorce decree?

Yes, you can file an appeal if you believe there was a legal error in the divorce decree.

How do I handle joint accounts and debts during divorce?

It's advisable to settle joint accounts and debts amicably or seek legal advice for equitable division.

What is the role of a family court counselor in divorce cases?

They provide counseling and mediation services to help couples resolve issues amicably.

How can I contact Vishal Saini Advocate for urgent divorce advice?

For urgent advice, call (+91) 9991188899 to see if an immediate consultation can be arranged.

[indiejones]

THE DEVIOUS CAMPAIGN AGAINST MANUSMRITI, TURNING SANATAN VEDIC LAWS' MOST INCLUSIVE AUTHOR, VIRTUALLY ON IT'S HEAD! :/

This post is to h/l the false & warped William Jones & Max Mueller translations of Manusmriti, doing rounds for past many centuries, giving liberals an opportunity to bash up India's ancient Hindu codes/laws of living, elucidating on Hindu rights-duties-ideals-virtues & laws..said to emerge from discourses given by sages Manu & Bhrigu, to saints congregated at a place somewhere btwn today's Haryana & Rajasthan ~ 10,000 yrs ago.

The metrical Sanskrit reproduction of text of this carried forward teaching from ~10,000 yrs back, is said to have been written somewhere btwn 200 BC-300AD ie ~1700-2200 yrs back.

MANUSMRITI ON VARNAS:

And THAT text, nowhere mentions the varna by birth concept, so defamed thru later translated manipulations. Infact it echoes exactly what the Shrutis of ancient saptarishis (first 7 sons of Brahma, creator of universe, also endowed with boon of endless life or life till so desire) & other subsequent great Maharishis spoke of, namely, that- We are all born Shudras (of natural service) (Infact in this context, let it be pointed out, that Shudra has been clearly laid out to be the service community of society in general, a vast majority as one would imagine, that led very well-to-do lives, this varna being most actively engaged in culture & it's propagation, with 90% society over past 10,000s of yrs, being a ~90% middle-class society), but we can all become Brahmins ie the "humans reborn during the same lifetime, or the twice born, called Dvija in Sanskrit, by virtue of acquiring divine knowledge & consequently wisdom", & also that all the denominated 4 divisions of society are essentially states of being, that can transform to any of the other states during same lifetime, via acquiring the essential skill sets.

MANUSMRITI ON WOMEN'S RIGHTS:

Wanna know how flexible & lenient Manusmriti was towards women & women remarriage & adultery?

A. Woman, if faced living with wife-beater or if having left her, was permitted to accept another man of her choice, marry & start living in his house. With full inheritance rights thereafter. This process was called punarbhu.

& Ofcourse with right to remarry anyone of her choice upon husband's death, but even further, husband himself, in specific cases eg of not being able to bear child,was allowed,with permission of specified people,at specified place,allow his wife to sleep with man of choice, to bear husband's child. This was called niyog pratha.

However, this last proviso, though widely accepted in earliest centuries, came into dispute by later centuries, causing law-makers with power to amend the Manusmriti after specified number of centuries, use this clause, to delete the controversial proviso.

Do you know it was strictest of all on the Brahman occupation, the same Brahmans it was propagandized as being most baised in favor of? Requiring them to not wear gold, not wear beautiful clothes, bathe atleast 4-5 times a day, eat very sparingly, & have sex not more than 3-4 times/month with their wife.

Oh what terrible bias!

MANUSMRITI ON LABORER SHUDRA-

In scenario where laborer with load on his head is crossing the road, everyone, including the King too, if passing through, must stop, & allow the laborer first right of passage.

MANUSMRITI'S ETERNAL LAWS ON MARRIAGE.

6 Different Types of Marriages permitted-

1. Brahma Vivah- Within scholarly community or Brahman varna(profession),where girl married off based on groom's educational prowess.

2. Dev Vivah-Within ruler community or Kshatriya varna,where girl married off per skill or physical prowess,usually judged in a competition/swayamvar.

3. Arsh Vivah-Btwn Brahman & Kshatriyas,where girl (royal,rich)married off to son of rishi/scholar on nominal cow donation.

4. Prajapatya vivah-Most common of marriage forms today, across all varnas, with just requirement of the ceremonial fire promise in leading life together,assisting each other towards higher goals & values.

5. Asur Vivah-Reverse Dowry Marriage!-Where boy pays a decided sum to girl's family,for her hand in marriage, generally to compensate for his or his family's perceived inferiority to girl or girl's family.

6. Gandharva vivah-Mutual mental acknowledgement,no witness needed.

7. Aside this, Lok prathas like Draupadi pratha ie girl married off to more than one brother in same family,also accepted.

8+9. The 2 Banned marriages per Manusmriti were Rakshas pratha & Pishach pratha ie groom marrying girl by force,by killing girl's family or harming girl.

1. https://www.youtube.com/watch?v=d6caB1p-mkI 2. https://www.youtube.com/watch?v=BhvkQCwwY9w 3. https://www.youtube.com/watch?v=CkcQ5bliVcM

Go for the 2 VOLUME TRANSLATION,1ST VOL IN SANSKRIT,& 2ND VOL IN ENGLISH BY KULLUKABHATTA..FROM MOTILAL BANARSIDAS PUBLISHERS IN 2000s!

FACT IS, MANUSMRITI WAS & HAS BEEN THE MOST INCLUSIVE VEDIC LAW IN SANATANA, STRETCHING DHARMA IN PRACTICE TO ALL POSSIBILITIES OF ENDEAVOR & TIME.

🙏

[mediagraph]

MP man held as girlfriend accuses him of raping, forcing her to convert after watching 'The Kerala Story'

A 23-year-old man has been arrested in Madhya Pradesh's Indore on charges of raping his girlfriend and pressuring her to convert her religion. The woman filed the FIR against the accused following an altercation after watching 'The Kerala Story'.

A 23-year-old man was arrested in Indore for allegedly raping his live-in partner and pressuring her to change her religion. The woman had filed an FIR following an argument with the man after watching 'The Kerala Story', police said.

The man was arrested under provisions of the Madhya Pradesh Freedom of Religion Act 2021, which prohibits conversion by force or cheating, and the Indian Penal Code (IPC), Khajrana police station in-charge Dinesh Verma told reporters.

The woman filed the FIR against the man "after she fell into the trap of love under the pretext of marriage", Dinesh Verma said, adding that she was living with the accused, news agency PTI reported.

In her complaint, the woman accused the man of mentally harassing her and pressuring her to change her religion.

"The woman said she and the man recently went to watch 'The Kerala Story'. After watching the film, the duo argued and the man left her after assaulting her. She approached the police on May 19 and lodged an FIR," the police officer said.

The accused is a 12th pass and unemployed while the victim is highly educated and is employed with a private company. The police officer said the woman had met the man while studying in a coaching institute four years ago.

"All the allegations are being thoroughly investigated," Dinesh Verma further said.

'The Kerala Story', which was released in theatre halls on May 5, claims that women from Kerala were forced to convert to Islam and recruited by the terror group Islamic State (IS).

The movie, which had already generated controversy over its content even before its release, was banned in West Bengal on May 8, fearing tension among communities. Theatres in Tamil Nadu had decided to stop the movie's screening from May 7 onwards due to poor audience turnout and the law and order situation.

On May 18, the Supreme Court stayed the West Bengal government's order banning the film in the state and asked Tamil Nadu to ensure the safety of the moviegoers.

The movie has been declared tax-free in the BJP-ruled states of Madhya Pradesh, Uttar Pradesh, Haryana and Uttarakhand.

[freelawbydjure]

New supreme court updates on 27 April, 2023

Appointment of 11 judicial officers and 2 advocates as Additional High Court Judges, Centre recommends transfer of two High Court judges

27 April, 2023

Today, the Central Government notified the appointment of 11 Judicial Officers and 2 Advocates as Judges in the High Courts. Also, the transfer of two High Court Judges was also notified. The announcement was also shared on Twitter by Law Minister Kiren Rijiju, “In exercise of the power conferred by the Constitution of India, the resident of India, after consultation with the Chief Justice of India, is pleased to appoint the following as Judges in the High Courts and also transfer High Court Judges.” The names recommended for fresh appointment of High Court judges were:

Sanjay Kumar Jaiswal (Judicial Officer)

Girish Kathpalia (Judicial Officer)

Manoj Jain (Judicial Officer)

Roopesh Chandra Varshney (Judicial Officer)

Smt. Anuradha Shukla (Judicial Officer)

Sanjeev Sudhakar Kalgaonkar (Judicial Officer)

Prem Narayan Singh (Judicial Officer)

Achal Kumar Paliwal (Judicial Officer)

Hirdesh (Judicial Officer)

Avnindra Kumar Singh (Judicial Officer)

Vivek Bharti Sharma (Judicial Officer)

Rakesh Thapliyal (Advocate)

Pankaj Purohit (Advocate)

The Union Government appointed Judicial Officer Sanjay Kumar Jaiswal as the Additional Judge of the Chhattisgarh High Court. Also, Judicial Officers Manoj Jain and Girish Kathpalia were appointed as Additional Judges of the Delhi High Court. In addition, Judicial Officers Sanjeev Sudhakar Kalgaonkar and Smt. Anuradha Shukla were appointed as the Madhya Pradesh High Court Judges. Moreover, Advocates Pankaj Purohit and Rakesh Thapliyal were appointed as Uttarakhand High Court Judges. Apart from this, the Patna High Court judge, Justice Sanjeev Prakash Sharma, was transferred as a judge of the Punjab and Haryana High Court, and Judge of the Madhya Pradesh High Court was appointed as the judge of the Jammu & Kashmir and Ladakh High Court.

Also Read: Legal News

Next hearing of the same-sex marriage issue fixed for May 3, 2023,

27 April, 2023

Today, while fixing the date of May 3, 2023, for the next hearing of the same-sex marriage recognition case Chief Justice of India DY Chandrachud said that “the apex Court is dealing with a ‘very complex subject’ which has a profound social impact.” For the sixth day, the Constitution bench was hearing the matter. The other judges of the Constitution bench including Justice S Ravindra Bhat, Justice Sanjay Kishan Kaul, Justice Hima Kohli, and Justice PS Narasimha were hearing a batch of petitions regarding the recognition of queer marriages. While hearing the arguments, various issues were raised in relation to adoption, and LGBTQIA rights. The matter now will be resumed as mentioned by CJI on Wednesday (May 3, 2023).

Also Read: Legal Articles

Women Wrestlers’ Sexual Harassment Case: Delhi Police to Register FIR against WFI President Brij Bhushan Sharan Singh

28 April, 2023

On April 28, 2023 (Friday), the Supreme Court of India was hearing the petition filed by Indian wrestlers seeking action (FIR registration) against Brij Bhushan Sharan Singh, WFI (Wrestling Federation of India) President, regarding sexual harassment. Earlier on April 25, 2023, the case was mentioned before the top Court where the then bench issued notice to Delhi Police on the request of complainants (women wrestlers). Today, the Delhi Police told the bench, Chief Justice of India DY Chandrachud and Justice PS Narasimha, that it will register the FIR.

[soumi2000]

Legal Recognition of Same-Sex Marriage in India: Current Status

As of now, same-sex marriage is not legal in India. In 2017, the Indian government submitted an affidavit to the Delhi High Court stating that it does not support same- sex marriage and considers it to be against Indian culture and ethos. However, in 2018, the Indian Supreme Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between same-sex adults. Although the decriminalization of homosexuality was a significant step towards the recognition of LGBTQ+ rights in India, the issue of same-sex marriage remains unresolved. Currently, there is no specific law in India that governs same-sex marriage. The Special Marriage Act, which allows for interfaith and inter-caste marriages, also does not explicitly include same-sex couples. However, there have been some efforts to push for legal recognition of same-sex marriage in India. In 2019, a lesbian couple from Haryana filed a petition in the Punjab and Haryana High Court seeking legal recognition of their marriage under the Hindu Marriage Act. The court, however, dismissed the petition citing lack of jurisdiction.

Additionally, the Indian government has indicated a willingness to consider legalizing same-sex marriage in the future. In 2020, the Ministry of Health and Family Welfare, in response to a question in the Lok Sabha, stated that the issue of same-sex marriage was "under consideration" of the government. Overall, while there has been progress towards the recognition of LGBTQ+ rights in India, including the decriminalization of homosexuality, legal recognition of same-sex marriage still remains a challenge.

Overall, online communities have become a vital tool for LGBTQ+ youth, providing them with a sense of belonging and support, and it is crucial to continue to support and invest in these online spaces while also ensuring their safety and protection. Regenerate response It's important for members of the LGBTQ+ community to have a safe and supportive space to connect with like-minded individuals and build a sense of community. There are several virtual platforms that could be used for this purpose, such as social media groups, online forums, or chat rooms. It may be helpful to research and compare different options to find one that meets the specific needs and preferences of the community.

In addition to providing a space for connection and interaction, it's important to ensure that the platform is inclusive and welcoming to people from diverse backgrounds and identities within the LGBTQ+ community. This can be achieved through clear guidelines and moderation policies that promote respect and understanding.

[pyassociatesofficial]

Matrimonial Law

Matrimonial law is a branch of law that deals with the legal issues related to marriage, divorce, annulment, child custody, child support, and other related matters. It is also referred to as family law or domestic relations law. Matrimonial law varies from country to country, and even from state to state within a country. The primary objective of matrimonial law is to protect the rights of the individuals involved in a marriage or family relationship, and to provide them with legal remedies in case of any disputes or issues. #pyandassociates#matrimoniallaw#law#marriage#legal Address: Plot No. 616P, Huda City Road, near UNITECH CYBER PARK, Sector 39, Gurugram, Haryana 122001

Call Us: +91 97832 77944Email Us: office@pyandassociates.com https://www.pyandassociates.com/matrimonial-law/