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Indian Family Law: Child Custody & Spousal Maintenance

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Factors to be considered before granting bail.

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High Court of Delhi Judgment on Maintenance Dispute

Background:

On 22nd February 2024, the High Court of Delhi, presided over by Hon'ble Mr. Justice Navin Chawla, addressed a petition filed by a husband challenging the order dated 15th December 2021 by the Family Courts at Karkardooma, Delhi. The Family Court had directed the husband to pay interim maintenance of Rs. 10,000 per month to his wife and Rs. 12,000 per month to their child.

Husband's Argument:

The husband, represented by Advocates Ms. Anubha Dhulia and Mr. Sushil Kumar Singh, argued that his income was inaccurately assessed by the Family Court. Despite submitting affidavits showing an income of Rs. 14,000 to Rs. 24,000 per month, the Family Court determined his income to be Rs. 70,000 per month, allegedly based on conjectures.

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Ruling by the High Court of Karnataka on Matrimonial Cases

Ruling by the High Court of Karnataka on Matrimonial Cases

Case Overview

In a recent ruling dated 26th July 2023, the Hon'ble Mr. Justice Krishna S. Dixit of the High Court of Karnataka at Bengaluru addressed the long pendency of matrimonial cases, emphasizing the importance of their swift resolution. The case in focus, Writ Petition No. 14769 of 2023, was filed by Sri. N Rajeev against Smt. C. Deepa under Article 227 of the Constitution of India, seeking the expeditious disposal of his matrimonial case (M.C. No. 2514/2016) pending before the Vth Additional Judge Family Court, Bangalore. This case highlights the need for swift Karnataka matrimonial case resolution.

Petitioner's Grievance

The petitioner, represented by Advocate Sri. Basavaraj R Bannur, sought a decree for the dissolution or nullity of marriage under Section 13(1)(IA) of the Hindu Marriage Act, 1955. The primary grievance was the prolonged delay in the trial and disposal of his case, which had been pending since 2016.

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Summary of Supreme Court Judgment: Dablu Kujur || AMLAWFIRM

Importance of Detailed Police Reports

The Court emphasised the importance of a detailed and compliant police report, as Section 173(2) outlined. These reports are crucial documents for prosecution, defence, and judicial proceedings. The Court directed that police reports must include specific details such as:

The names of the parties involved

The nature of the information

The names of the witnesses

Whether an offence appears to have been committed and by whom

The status of the accused (arrested, released on bond, forwarded in custody)

Relevant medical examination reports, particularly in cases involving offences under Sections 376 and related provisions of the IPC

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Practice Areas - Aegle Marmelos Law Firm in Chennai & Madurai

Practice Areas - Aegle Marmelos Law Firm in Chennai & Madurai

Criminal: Violent crimes (murder, assault)

Sexual offenses (rape, harassment)

Property crimes (theft, burglary)

Financial crimes (fraud, embezzlement)

Cybercrimes (hacking, online fraud)

Drug offenses, including NDPS Act violations (possession, trafficking)

Traffic violations (DUI, hit and run)

Government offenses (sedition, terrorism)

Environmental crimes (pollution, wildlife offenses)

Public order crimes (rioting, public intoxication)

Defamation (slander, libel)

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Filing a Petition for Divorce in India

Filing a Petition: The divorce process in India begins with the crucial step of filing a petition. This is the formal action taken by one spouse, known as the petitioner, to initiate the legal proceedings for divorce. The petition is filed in the appropriate family court, which has jurisdiction over the matter based on factors such as the place of marriage, the residence of the respondent, or where the couple last resided together

Preparing the Petition

The petitioner must meticulously prepare the petition, ensuring that it comprehensively details the grounds for seeking divorce. These grounds vary depending on the personal law applicable to the marriage. For instance, under the Hindu Marriage Act, 1955, grounds can include cruelty, adultery, desertion, conversion to another religion, mental disorder, and more. Under the Muslim personal law, grounds such as incompatibility and failure to fulfill marital obligations might be cited.

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Cheating Allegations in Marriage Case Example|| Amlawfirm

Case Summary: Irfana Nasreen vs. The State – Cheating Allegations in Marriage

Background:

Irfana Nasreen, the petitioner, is the wife of the accused in Court with Cheating Allegations in Marriage, with her husband. She alleges that her husband deceived her by hiding the fact that he was impotent before marrying her. The petitioner discovered his condition only after their marriage and subsequently learned that his first marriage had failed for the same reason. Additionally, her husband received 200 sovereigns of gold jewellery and items worth Rs. 5,00,000 during their marriage. After the truth came to light, her husband divorced her by saying "talak" and left for the U.S.

Petitioner's Argument:

The petitioner's lawyer argued that the police registered a case under Sections 498-A (cruelty by husband or his relatives) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) but failed to include Sections 417 (cheating) and 420 (cheating and dishonestly inducing delivery of property) IPC, even though the allegations indicate cheating. Therefore, the petitioner requested the court to direct the police to include these sections in the FIR.

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Understanding Maintenance Laws in India || AMLAWFIRM

INTRODUCTION Maintenance Laws In India:

The Maintenance Laws in India under various provisions was to compel a man to perform the moral obligations, that he owes to society in respect of his wife, children and parents By offering swift and straightforward yet limited relief, these provisions aim to prevent neglected wives and children from being left impoverished and marginalized, thus avoiding their descent into vagrancy, immorality, and crime for survival. The inability of a wife, child, or elderly parent to support themselves can lead to significant social issues. Consequently, the state must intervene to prevent such inability from escalating into broader societal problems, as unchecked, it could result in widespread vagrancy.

DEFINITION:

According to the dictionary, maintenance refers to support or sustenance. This term is not explicitly defined within the marriage laws of any religious community. However, the entitlement of claiming maintenance is certainly based on the assumption that the claimant doesn’t have sufficient means to support herself. The maintenance generally covers the expenses for necessities or essentials for the substance of life. However, it is not merely a right for the survival of the claimant. This is evident from the provisions outlined in the aforementioned acts, which provide the court with guidelines on the factors to consider when determining the amount of maintenance. The court is to look into the possession of the property of both the husband and the wife, the ability of the husband to earn, the conduct of the parties and other circumstances to decide the amount of maintenance. Before determining the amount of maintenance, the court must consider the status of the parties and the standard of living they enjoyed during the marriage.

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Frequently Asked Questions on Maintenance and Alimony

Q1: What is maintenance in the context of Indian law?

Answer:

Maintenance in Indian law refers to the financial support provided by one spouse to another during or after a legal separation or divorce. It is not defined explicitly in the marriage laws of any of the religious communities in India. Still, it is a measure to ensure that a spouse who cannot support themselves financially is provided for. The entitlement to claim maintenance is based on the assumption that the claimant does not have sufficient means for self-support.

Q2: Who can claim maintenance?

Answer:

Typically, any spouse who does not have adequate means to maintain themselves can claim maintenance. This includes neglected wives, children, and parents. The provisions are designed to prevent these dependents from falling into poverty which could lead to social issues.

https://www.amlawfirm.in/post/frequently-asked-questions-on-maintenance-and-alimony

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In light of evolving societal norms and the imperative to safeguard the rights and dignity of LGBTQ+ individuals and inter-faith/inter-caste couples, the Supreme Court has given guidelines for the handling of habeas corpus petitions and petitions for police protection.

Background:

Recent instances in the Kerala High Court, where counselling was ordered for LGBTQ+ individuals, raised concerns regarding potential infringements on personal autonomy and sexual orientation.

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Court Rebuked Tamil Nadu Collectors for not attend Meeting

The Supreme Court criticized Tamil Nadu district collectors for not attending the meeting with the Enforcement Directorate (ED) as ordered. The court emphasized the importance of obeying orders and respecting the law and the Constitution. The collectors have been given another opportunity to meet with the ED by the end of April. The court expressed dissatisfaction with the collectors' behaviour and stressed the need for compliance. The collectors' lawyer explained their busy schedule due to elections and data collection.

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Supreme Court Raps SBI For Not Sharing "Complete Data" On Electoral Bonds

The Supreme Court today came down hard on the State Bank of India for not sharing the complete data on electoral bonds, a scheme that allowed individuals and businesses to donate anonymously to political parties. The court had struck down the scheme and directed the bank to share all details on the donations made in the last 5 years.

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Supreme Court Rejects Petitions Against EVM Use In Elections

Supreme Court Rejects Petitions Against EVM Use In Elections

New Delhi:

The Supreme Court on Friday dismissed two writ petitions: namely, apprehensions over 19 lakhs missing EVMs and another petition to use ballot paper to conduct elections while reposing its faith in the EVMs.

Adjudicating the 19 lakh missing EVM petition, the top court called the apprehensions and allegations completely baseless, thereby closing the matter in favour of the Election Commission of India (ECI).

https://www.amlawfirm.in/post/supreme-court-rejects-petitions-against-evm-use-in-elections