#streedhan

[seemabhatnagar]

“A Tale of Domestic Torment: The Ordeal of a Woman Abused and Driven Out by Her In-Laws”

The HC dismissed this petition of the Husband, father-in-law & 3 sisters-in-law praying before the Court to quash the FIR, Charge Sheet & the order of taking Cognizance against them for the offenses U/s 498-A, 406, 504, and 34 IPC. The Complainant-Wife filed the FIR.

Hardik Prakash Shah & 4 others v. The State of Maharashtra & Another

Crl. WP 13446/2023

Before the High Court of Bombay

Heard by Hon'ble Mr. Justice A S Gadkari J & Hon'ble Madam Justice Dr. Neela Gokhale J

Facts

The Complainant asserts that her father bore the entire marriage expenses. Despite living separately, her three sisters-in-law interfered in her household, removed the house help, and forced her to do all the chores. They demanded proof of her cleaning via WhatsApp video calls and persistently instructed her on meal preparations through text messages. They created a WhatsApp group including their brother, father, and themselves to berate her and complain to her husband. Her husband abused her, instigated quarrels over trivial matters, suspected her character, and refused conjugal relations, citing diabetes.

On October 10, 2022, at 10:30 pm, her sister-in-law Kajal called and verbally abused her about cleaning the house. Her husband joined in, snatched her mobile, deleted the call record, and pushed her. The next day, all three sisters-in-law came to her house, abused her in filthy language, and demanded she leave. Father-in-law joined in the abuse, and they all demanded gifts from her parents. Ultimately, they quarreled with her, drove her out, retained all her jewelry, Streedhan, and refused to return it.

Legal Issue: Whether the FIR and chargesheet under Sections 498-A (cruelty), 406 (criminal breach of trust), 504 (intentional insult), and 34 (acts done by several persons in furtherance of common intention) of the IPC should be quashed, as the petitioners contend that the allegations are false and amount to a misuse of the legal process.

Points of Arguments:

Submission of the Counsel of the petitioner

The complaint is a matrimonial dispute given a criminal angle to harass the petitioners.

The complainant allegedly influenced the police and used the FIR as leverage to extort money.

The allegations lack specific evidence, and the case is an abuse of the process under Section 498-A, IPC.

Submission of the Counsel of the Respondent-Wife

The FIR and witness statements substantiate the complainant's claims of harassment and cruelty.

The petitioners retained the complainant's Streedhan, causing her distress.

The treatment meted out to the complainant constituted cruelty under Section 498-A, IPC.

Courts Observation

The allegations in the FIR prima facie disclose the commission of the alleged offences.

Specific and categoric roles are attributed to each Petitioner independently and collectively.

A newlywed daughter-in-law was pitted against the might of the five Petitioners, who were abusing and ill treating her on petty issues.

The sole aim appears to be to extort money from her and her parents. This is clear from the fact that, even after driving her out of the matrimonial home, they have refused to hand over her Streedhan’ comprising valuable jewellery and her articles.

The allegations against the sisters-in-law about compelling the Complainant to show them the house cleaned by her on what’s app video call appears to be a peculiar and sadist manner of ill-treatment.

This is enough to cause apprehension in the mind of the Complainant that, there was danger to her life and limb at the hands of the petitioners.

Seema Bhatnagar

[rickychopra]

Best Divorce Law Firm in Delhi

RCIC, a leading law firm in Delhi, is known for its expertise in divorce law and its ability to simplify the process of divorce, making it hassle-free for clients. The team of experts at RCIC has dealt with various types of divorce matters, including contested or uncontested, mutual consent divorce matters, property-related matrimonial issues, annulment issues, and child custody cases. They have experience in handling domestic violence cases, maintenance issues, and child custody cases.

RCIC's team includes experienced and new generation lawyers who are well-suited to handle the dynamities of the legal profession. They offer cost-effective solutions and no hidden costs, as well as skills and time management. They understand that time is the essence and aim to strategize each move in a timely manner. Their team work and dedication make them one of the best divorce law firms in Delhi.

Divorce can be of two types: 

Contested divorce, which involves disagreements on issues like child custody, visitation rights, alimony/maintenance, and distribution of assets, while non-contested/mutual consent divorce, where both parties agree to amicably take a divorce. Both parties can either hire a lawyer together or separately to avoid confusion. A lawyer can help in settling issues like fixing maintenance, child custody, finances, and streedhan.

The grounds for filing a divorce include cruelty, adultery, despertion, mental disorders, conversion of religion, and renunciation of the world. Before filing a mutual consent divorce, the couple must be aware of the following things: living separately for not less than a year, no possibility of reconciliation, and having voluntarily agreed to a petition for dissolution of marriage. The petition can be withdrawn by any party within 6 months from filing, but after the end of the first 6 months but before the 18-month period expires, no party alone can withdraw the petition.

A divorce settlement can have a huge impact on finances, property, child custody, maintenance, and assets of the couple. It must not be a hasty decision; it must not be a hasty decision. RCIC's expert lawyers can help you effectively plan your divorce.

If you wish to file a mutual consent divorce, you must keep the following documents ready: address proof of both the husband and wife, details of their professions/assets and earnings, marriage certificate, family background information, photographs taken at the time of marriage, evidence of reconciliation attempts made and failed, income tax statements of both parties, and details of property and assets of the parties.

The court decides the waiting period between 6 months and about 2 years based on the facts, circumstances, and complexities involved in each case. The Supreme Court has also ruled that the waiting period of 6 months can be waived if the parties prove that there are no chances left to reconciliate the marriage.

Maintenance and alimony are interchangeably used. Maintenance is an amount paid by the dependent spouse to the other spouse during or after the divorce proceedings. There are two types of maintenance/alimony: interim maintenance, which refers to the maintenance amount paid by one spouse to the dependent party during the pendency of the litigation, and permanent maintenance, which may be directed by the court after passing the final decree of divorce.

The court has not established a proper mathematical formula for calculating the amount of support to be paid to the dependent spouse. It can be provided as a regular payment or as a lump sum payment. In the case of monthly alimony payments, the Supreme Court has set a limit of 25% of the husband's net salary as the alimony amount. There is no set amount for a one-time payment, but it typically ranges from one-third to one-fifth of the husband's net worth. The court determines the alimony amount after considering all facts and circumstances, including the standard of living of both spouses. RCIC, one of the best divorce law firm in Delhi, can help you with your divorce.

[legalupanishad]

Streedhan Laws In India: All You Need to Know

This article on 'Streedhan Laws In India: All You Need to Know' was written by an intern at Legal Upanishad.

Introduction

In India, women's rights and empowerment have become crucial areas of focus in recent years. One aspect of this movement is the protection of streedhan, a concept deeply rooted in Indian culture and traditions. Streedhan refers to the wealth, gifts, or property that a woman receives from her parents, relatives, or in-laws during her marriage. These gifts are meant to provide financial security and independence to the woman, and they hold significant cultural and emotional value. However, despite its importance, streedhan is often subjected to disputes, mistreatment, or even outright denial of ownership. To address these issues, India has implemented specific laws and regulations known as streedhan laws. These laws aim to protect women's rights regarding the streedhan they receive and ensure their empowerment within the institution of marriage. This article delves into the comprehensive understanding of streedhan laws in India, exploring their significance, key provisions, legal remedies, and recent developments.

Historical Context of Streedhan

Streedhan finds its roots in ancient Indian traditions and customs. Historically, women were given streedhan to provide them with financial security, enable them to maintain their own household, and ensure their independence. Streedhan often consisted of jewellery, land, cash, or other valuable assets. The concept reflected the belief that women deserved financial autonomy and were entitled to their own wealth, irrespective of their marital status. Over time, with changing social dynamics and patriarchal influences, the significance of streedhan has been undermined, leading to numerous disputes and exploitation. Recognizing the need to safeguard women's rights in relation to streedhan, the Indian legal system has implemented laws to ensure its protection and promote gender equality.

Legal Provisions for Streedhan

The legal framework surrounding streedhan in India is multi-faceted, encompassing several acts, sections, and judicial precedents. Understanding these provisions is crucial for women to assert their rights and seek appropriate legal remedies in case of disputes. Some key provisions include: - The Hindu Succession Act, 1956: The Hindu Succession Act, 1956 recognizes streedhan as a woman's absolute property. It ensures that a woman has the right to acquire, hold, and dispose of streedhan according to her wishes, independent of her husband or other family members. - Dowry Prohibition Act, 1961: Although streedhan and dowry are distinct, the Dowry Prohibition Act, 1961 plays a crucial role in streedhan-related disputes. The act prohibits the giving or taking of dowry and provides legal protection to women against dowry harassment, cruelty, or any demand for dowry. This act indirectly supports the protection of streedhan by discouraging the unlawful appropriation of a woman's wealth. - Protection of Women from Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act, 2005 recognizes the importance of streedhan and acknowledges it as a woman's right. It ensures that any denial of streedhan or harassment related to it can be addressed under the act. Women can seek protection orders, residence orders, monetary reliefs, and other legal remedies to safeguard their streedhan and secure their well-being. - Matrimonial Laws: Various matrimonial laws, such as the Hindu Marriage Act, the Muslim Personal Law, and the Special Marriage Act, also incorporate provisions to safeguard streedhan. These laws outline the rights and obligations of both spouses, ensuring that a woman's streedhan is not misappropriated or unduly controlled by her husband or in-laws.

Legal Remedies and Redressal

In cases where a woman's streedhan rights are violated, the legal system provides several avenues for seeking redressal. It is essential for women to be aware of these remedies to protect their streedhan effectively. Some common legal remedies include: - Filing a Police Complaint: If a woman faces harassment, mistreatment, or denial of streedhan, she can file a complaint with the police. It is crucial to gather and preserve evidence, such as photographs, receipts, or witnesses, to support the case. - Seeking Civil Remedies: Women can approach civil courts to seek specific reliefs such as injunctions, recovery of streedhan, or even compensation for the emotional distress caused due to the violation of their rights. - Initiating Legal Proceedings: Women can also file legal cases against their husbands or in-laws under relevant acts like the Hindu Succession Act, Dowry Prohibition Act, or the Protection of Women from Domestic Violence Act. These legal proceedings help ensure that the woman's rights are protected and her streedhan is rightfully returned. - Alternative Dispute Resolution Mechanisms: Mediation or arbitration can be used as alternative dispute resolution mechanisms to resolve streedhan disputes amicably. These processes provide a platform for dialogue and negotiation, promoting a fair settlement and reducing the burden on the judiciary.

Recent Developments and Challenges

In recent years, streedhan laws in India have witnessed significant developments aimed at strengthening women's rights. However, challenges persist in their effective implementation. Some noteworthy recent developments include: - Awareness Campaigns and Legal Aid: Government initiatives, NGOs, and legal aid organizations are working together to raise awareness about streedhan laws among women. These campaigns aim to empower women with knowledge about their rights and the legal recourse available to them in case of streedhan-related disputes. - Fast Track Courts and Timely Justice: To expedite streedhan-related cases, fast track courts have been established. These specialized courts focus on resolving cases related to women's rights, including those involving streedhan, within a shorter timeframe, ensuring timely justice. - Digital Documentation and Evidence: The use of digital documentation and evidence, such as photographs, videos, or online receipts, has become instrumental in streedhan disputes. Digital platforms provide secure ways to store and present evidence, strengthening the woman's case in legal proceedings. However, despite these positive developments, challenges persist. Lack of awareness, social stigmas, and complex legal procedures often deter women from seeking justice. Furthermore, cultural biases, delays in legal proceedings, and inadequate implementation of streedhan laws continue to impede effective redressal.

Suggestions

Awareness and Education: - Conduct widespread awareness campaigns to educate women about their rights regarding streedhan, emphasizing the importance of financial independence and empowerment. - Integrate streedhan laws into school curricula and conduct workshops and seminars to educate young girls about their rights and the legal recourse available to them. Legal Reforms: - Continuously review and update existing streedhan laws to address any gaps or loopholes that may be exploited. - Simplify legal procedures and make them more accessible, ensuring that women can easily navigate the system without facing unnecessary delays or financial burdens. - Consider the establishment of dedicated streedhan courts or special cells within existing courts to handle streedhan-related cases efficiently.

Conclusion

The streedhan laws in India play a vital role in protecting women's rights and promoting their empowerment within the institution of marriage. Recognizing the cultural and emotional value of streedhan, these laws provide a legal framework to safeguard women's ownership, independence, and financial security. Through various legal provisions, remedies, and recent developments, streedhan laws aim to address the challenges faced by women in asserting their rights. By raising awareness, facilitating legal aid, and expediting judicial processes, efforts are being made to create an environment where women can confidently protect their streedhan and secure their empowerment. However, to ensure the effective implementation of streedhan laws, continuous efforts are needed to eliminate social stigmas, enhance awareness, and streamline legal procedures. Empowering women with knowledge about their rights and facilitating accessible legal remedies will contribute to a society where streedhan is rightfully recognized, respected, and protected, fostering gender equality and women's empowerment in India.

References

- The Hindu Succession Act, 1956 - Dowry Prohibition Act, 1961 - Protection of Women from Domestic Violence Act, 2005 - “What Is Streedhan As Per Law? Is It Legal In India?” available at https://sahodar.in/what-is-streedhan-as-per-law-is-it-legal-in-india/ (Last visited on 08-06-2023) Read the full article

[bossladiesindia]

This is for all the #BossLadies (article in Tribune Lifestyle Ludhiana) Together we ROCK! More Power to #BossLasiesIndia #HimjaRana #DreamBig #Beyourownboss #Womenempowerment #GoFoIt #Streedhan #Womencommunity #Womenforwomen #Chandigarh #India #Ludhiana #Bharat #womenentrepreneurs #womenbuywomensell https://www.instagram.com/p/B1IfMcaF_G_/?igshid=10oy8to7svwy5

[kartori4572]

[amitbchoudhury]

As gold imports take a hit, industry looks for ways to make deposit schemes attractive

As gold imports take a hit, industry looks for ways to make deposit schemes attractive

[ad_1]

MUMBAI: Amid a crash in gold imports following the lockdown, the government has sounded out jewellers and bullion dealers on ways to tap idle gold lying with Indian households.

Among the proposals by the industry are aligning the income tax law with gold deposit scheme, raising gold holding limits under ‘Streedhan‘, tweaking the gold monetisation scheme to make it more attractive, and…

[incendiaglacies]

This is a really good ad...

[kartik-tripathi]

What do you think of Sunaina ji’s decision to give the jewels (streedhan) back to Kusum? I’m kinda unhappy about that incident. 😔

Hey anon! It’s been a few days since you asked me this, sorry I took a while to reply, I was thinking of how to word my answer. 

So, firstly, personally I loved that she gave away the streedhan. I can see why you’re unhappy though. I do get it. She stole it, and then she got the boys almost arrested, but like. To me, the streedhan thing wasn’t so much about kusum as it was about what it represented to Sunaina. 

Like, we see her care so much about that and the Kangan from the start. From the “i only have one son, and one kangan”. She gives that kangan away to her as a promise to her that she’ll marry Aman. That is where it’s intrinsically linked for the first time. 

Later on, we see her reference it again and again. When she thinks Aman is entangled with a Delhi girl, she goes “damn it looks like I’ve lost my kangan”. She places more value in that kangan than in her son’s love life. She’s more worried about not getting the kangan back then about who her son loves. 

In a way I see it as her hopes and dreams of Aman marrying Kusum (a girl) is represented in that kangan and the streedhan. Even Kusum places more value on that then her and Aman’s love. She is like, “if i run away, how will i get the streedhan”. The streedhan here is given value to it, by both Sunaina and kusum. 

so when i watched sunaina give away the streedhan to kusum for the first time, i felt so happy! Because, she looked at kartik before she did it. She looked at the boy that her son loves, the one that he was about to marry in front of everyone and finally decided to put Aman and HIS LOVE above anything else. 

from the start the streedhan had represented this idea/dream that she was holding on to, that she’d get aman married to a girl, that she’d get a bahu to give the streedhan to, that it will stay “within the family” etc. but at that moment, when she gave it away, i felt like she was finally accepting that that dream would never happen. She finally accepted, Aman and his love. She finally accepted kartik. Looking at kartik, she sees him and Aman being happy and she realizes that the streedhan she cared about so much was nothing compared to how much her son’s happiness means to her. 

in a way it’s also symbolically saying that to her, Kartik means so much more than the very thing that she was so worried about/valued from the start. She never cared about the marriage much apart from the streedhan, until that part when she realized that it’s insignificant when related to kartik. 

yes, she could have held on to it and gave it to kartik. But i think it made more sense to show her letting it go. To symbolically say that she’s letting go of her previous dreams/ideals. 

Personally, i feel like if she had held on to it, it wouldn’t actually be a full acceptance of kartik and aman. By letting it go, the thing she values more than her own son’s love, she’s finally able to fully start appreciating what she has. Her son and his happiness that is Kartik SIngh. 

[wajendhar]

View this post on Instagram

A post shared by Indian Ad Artists (IAA) (@indianadartists)

It's saddening to know that one out of two women suffer from iron deficiency. Please nourish yourself with iron-rich food regularly - found in almonds, watermelon, corn, pomogranete, spinach, pumpkin seeds, green peas, tomatoes. Thanks to @project_streedhan for sharing the message and the campaign. Please share and promote #ProjectStreedhan #InvestInIron • • • #Repost • • • • • • One out of two women in India is anemic. This Dhanteras, women look beyond gold and invest in themselves. #InvestInIron #ironrichfoods #DSM #DutchStateMines #CSR #Streedhan #anaemia #FCBUlka #LohaChakLe https://www.instagram.com/p/B4PlpxMpgem/?igshid=bpjc5kze956l

[thematchmakingshow]

Legal Benefits of Marriage in India

Why should one get married? The most asked question is when you suggest someone get married. “Finding someone to share your life” is the first response, what if your partner is bringing legal benefits along with them? Current youth is quite afraid of the idea of marrying someone as it comes along with responsibility. However, India’s first-ever matchmaking show has made it easier for match finders to find their perfect match online. 

4 legal advantages of Marriage 

Marriages are not only emotionally beneficial for the couple but also have legal benefits of marriage in India. India’s best matrimony site is here mentioning the 5 major legal benefits of tying a knot. 

File Tax Together

The marital tax benefit is if a partner does a high-paid job and the other one stays at home; they can together file taxes. Couples might miss the chance of enjoying the advantage of reducing two exemption amounts from the house income. 

Marital Tax

The other biggest advantage of marrying is an unlimited marital tax deduction. You have the legal right to transfer limitless amounts to your partner without paying a single penny of tax for the transaction. There are few federal tax laws that help couples to divide the business income among family members without the need to file taxes. 

Government Benefits

After marriage, both partners are allowed to take medicare, disability, and social security benefits from the other partner from the government. Moreover, the government also offers public assistance benefits, and military and veterans’ advantages to ease the process of taking special loans for the rest of the family members. 

Financial Benefits

If you don’t have Social Security benefits, your spouse from India’s best matrimonial site can provide them. An old partner of at least 62 years old with a disabled or child younger than 1 year gets the social security benefits. 

An IRA account is a big benefit for a partner who is not working. The working partner with taxable income can support them with an IRA account. To enjoy all the benefits of an IRA, both should first file for joint tax pay. 

Health Insurance Benefits 

If one partner has health insurance in his/her name from their employer’s side, the other spouse is eligible to enjoy the benefits of it. 

Moreover, if any medical emergency happens, health insurance helps the couple to bear the expenses.

Rights to Married Couples in India

Here is the list of “Rights” both husband and wife has in India:

Inheritance Rights – Both husband and wife have the right to inheritance. If there is no will and suddenly the other spouse passes away; the partner is legally subjected to acquiring the will of his/her dead partner. One of the best financial benefits of marrying someone. 

Inheritance rights give a sense of financial security just in case of such a difficult situation. 

Conjugal Rights – Both husband and wife have the right to withdraw from their partner’s society without any reason and still stay together. No one can bind them to live under certain societal norms as the prospective candidate can approach the court for the legalities. 

Children Legitimacy – Children born out of marriage are considered legitimate. Such children hold all the rights in the will of the couple. 

Right to Streedhan – A wife has the right to streedhan which includes the gifts, money, and token of love given to her before and after marriage. All the gifts, money, and jewellery belong to the wife, even if it is under the custody of the husband or her in-laws. She can go to court just in case of any issue and claim all her Streedhan. 

Right to Residence – A wife has the right to live in the matrimonial household of her husband, whether it is an ancestral home, joint family property, self-acquired house, or rented home. Find your partner on India’s best matrimonial site. 

Right to Committed Relationship – A Hindu husband is not allowed to marry another girl unless he is legally divorced. Moreover, he can be charged with adultery if his wife found her in a committed relationship with another married woman. The wife has the right to file for divorce on the grounds of the extramarital relationship. This legal benefit of marriage in India gives a sense of secure marriage. 

Right to Child Maintenance – Both husband and wife are equally responsible to provide financial support to their minor child. If both of them are not capable, they can seek support from their parents to maintain child expenses. 

Other Benefits of Marriage 

Along with the legal benefits of marriage in India, here are some other benefits for the couple. 

Emotional well-being – Finding a suitable partner from India’s first-ever matchmaking show gives emotional stability to both partners. The sense of trust and companionship offers them freedom of emotional expression. 

Better physical health – Married couples are more healthy and have a long life span. There are two reasons for better health, first couples encourage each other to live a healthy life, and second, they start taking their medical health seriously as being a responsible partner. Find a person from India’s best matrimonial site who can help you to live a healthy life. 

What do we do?

India’s first-ever matchmaking show makes it easier to find a perfect life partner. To marry a person, love and compatibility are enough. The perfect match gives you enough reasons to stay and grow old together. If you are someone who is more practically inclined, nothing is better than sharing your love and financial expenses with a partner from India’s best matrimonial site. 

Find your partner and share your experience of a happy married life with others. 

Fore More: How Marriage Patterns are Changing with time in Indian Society?

[rickychopra]

Divorce can be the ultimate solution or answer for your freedom and happiness sometimes. If it is so, just get in touch with RCIC Best Divorce Law Firm in Gurgaon. Get in touch with us:+91 8800855555

[legalupanishad]

5 Rights of a Married Woman in India: All You Need to Know

This article on 'Rights of a Married Woman in India: All You Need to Know' was published by Legal Upanishad.

Introduction

We all deserve to be treated equally without any discrimination. It is our constitutional right. Women have been treated with the maximum possible discrimination throughout history. Only a few decades ago, they were not allowed to vote, not allowed to freely express their opinion, not allowed to work. It was believed that women’s place was at home taking care of children and doing house chores. Of course, India is not immune to this discrimination. For centuries, women in India have faced extreme discrimination. They were made to stay at home, girls were not sent to school, and they faced violence at home. This article will take a look at the legal rights of a married woman in India.

Legal rights of a married woman in India

Marriage has been defined as a union between a man and a woman which is recognised by the law and by which they become husband and wife. It is also a social union between the two and their families and it also brings certain rights and duties which both need to follow. 1- Right to Streedhan 'Streedhan' is a gift in the form of property that a woman receives at the time of her marriage. This is not the same as dowry because this is a voluntary gift that can be before or after the marriage. The Courts have held that the woman has the complete right over their Streedhan even if the custody is with the husband or the in-laws.  2- Right to residence The courts have also held that a woman has the right to live or reside in the same household as her husband, it doesn't matter if the house is an ancestral homeland, a joint family or even a house that is a rental. She cannot be denied the right to live with her husband. 3- Right to a committed relationship A woman also has the right to a faithful partner. A Hindu male cannot have an affair with another girl or marry another girl while he is married. If the husband is engaged in an extramarital affair then he can be charged with adultery under section 497 of the IPC. Subsequently, the wife can file for divorce on the same grounds. 4- Right to maintenance If a Hindu wife has sought divorce from her husband on any grounds like cruelty, desertion, extramarital affair or if he has any kind of venereal disease, she can claim maintenance from the husband under section 18 of the Hindu Adoption and Maintenance Act, 1956. She can also claim permanent maintenance and alimony under section 25 of the same Act. The wife can file a petition in any court that has jurisdiction under this Act. The wife can also seek the maintenance of their minor child if she is incapable of earning herself. 5- Right against domestic violence Under the Protection of Women from Domestic Violence Act of 2005, every woman is entitled to rights against Domestic Violence. The term Domestic violence includes physical, emotional, sexual and economic abuse. In the case of domestic violence, the police are bound to register an FIR. Women are also protected under Section 498A. If they are a subject of domestic violence, the husband or anyone involved can be imprisoned for a period of up to 3 years. 

Rights of a Married Woman in India

Laws protecting the rights of a married woman in India

1- The Dowry Prohibition Act, 1961 Dowry is the exchange of goods, cash or property which is demanded from the bride’s family in exchange for money. Dowry is a cruel system because the groom’s family generally makes demands which are out of the financial capacity of the bride’s family. The family is burdened by the demands and sometimes even goes into debt to fulfil these demands. This is the reason the Parliament enacted the Dowry Prohibition Act. Section 3 of The Act states the punishment which is a minimum of 5 years of imprisonment and/or a fine of more than Rs. 15000, or the amount of the dowry, whichever is higher. This penalty is not applicable if the presents were made willfully by the bride’s parents.  3- The Commission of Sati (Prevention) Act, 1987 Sati is a barbaric system in which a widow sits on the top of the funeral pyre of her dead husband, thereby sacrificing herself. Because “she has nothing to live for after the death of her husband”.  This Act was first enacted by the Government of Rajasthan. It later became an Act of Parliament of India. This Act sought to abolish the Sati system and prohibit its glorification.  4- The Protection of Women from Domestic Violence Act, 2005 Women are subject to widespread domestic violence in India. Bhartiben Bipinbhai Tamboli v. the State of Gujarat the four types of abuses mentioned are physical, sexual, emotional and economic. In the case, the court said that domestic violence in India is rampant. It doesn't matter if the woman is a wife, daughter, mother or sister, many women face domestic violence in India in several forms. Despite this, it is the least reported form of cruelty mostly because of the “social shame” attached to the word.  Until 2005, the protection available was quite limited. The only remedy available was either initiating a divorce proceeding or going to the criminal court for the offence of Section 498A of the IPC. Further, extramarital affairs were not under the scope of this Act. For these reasons The Protection of Women from Domestic Violence Act, 2005 was enacted to provide a wide range of protection to women.

Conclusion

Women have been mistreated for almost the entire history of mankind all over the world, especially in India. Although The Government has enacted multiple legislations to protect the rights of a married women in India and the rights of women in general, domestic abuse still largely exists mainly because of “what will the society think”. There is an urgent need to stop thinking about what people will think of us and start thinking about ourselves and our mental and physical health.

References

- Legal Rights of a married woman in India, https://www.nrilegalservices.com/legal-rights-of-wife/#:~:text=Righttolivewithdignity,providefortheirminorchild. Accessed 26 July, 2022 - Yukta Joshi, Eight most important rights every Indian woman should know about, https://blog.ipleaders.in/eight-important-rights-every-indian-woman-know/#Right_against_domestic_violence accessed 26 July, 2022 - Srishti Kaushal, Protection of Women from Domestic Violence Act, https://blog.ipleaders.in/protection-of-women-from-domestic-violence-act/#Types_of_Abuse_covered_by_the_Act accessed 26 July, 2022 Read the full article

[bossladiesindia]

#GoodMorning #BossLadies These are the gifts which we sent with personal invitations for our tricity's #womenleaders Suparna Sharma Kavneet Kaur Rainbow Craftykari Kaveri Ahuja Singh More Power to #BossLadiesIndia #HimjaRana #GoForIt #DreamBig #Positivevibes #ThinkPositive #womenempowerment #Womencommunity #Womeinbusiness #womensaving #womenentrepreneurs #womenforwomen #streedhan #streenivesh #investments #savings #Befinanciallysmart #wesave #womenleaders #womenbuywomensell #womenstartups #ProductShowcaseAndEveningMix (at Chandigarh, India) https://www.instagram.com/p/B0XR88JFDyd/?igshid=1ifrii2cs4kjv

[advgyanin]

Can Wife Documents Litigation Versus Husband Under Section 406 IPC?

What is Section 406 IPC?

Area 406 IPC tells about punishment for criminal breach of trust. If anyone devotes criminal breach of trust then that person will certainly be get punished under section 406 IPC. To know even more concerning Section 406 IPC go here.

" All Breach of Trust is not a Criminal Breach of Trust But All Wrongdoer Breach of Trust is Breach of Trust."

Allow's comprehend criminal breach of trust first with some instance.

Example 1: Suppose there is 3 good friends named A, B and also C. A asked to B that tomorrow we will go to see the film as well as B agreed however tomorrow B went for flick with C (third individual).

Now A really feels that B has done breach of trust. In this situation, can A file an instance against B under section 406 IPC? The solution is "no" because this is breach of trust however not a criminal breach of trust.

Instance 2: Suppose there is three individuals named A, B and C. A has a plot/land and asked to B to do farming and also whatever grains will certainly occur we will share 50% of it among us and also B concurred.

B Indian Constitution farming on A's land and also after couple of years C believed this is the land of B and shows interest to get as well as asked to B to market this land to C as well as B agreed and offered the land to C. However this was the land of A.

A is the only proprietor of this land, so, A submitted a court case versus B under section 406 IPC as B has actually done criminal breach of trust. Can spouse documents lawsuit against spouse under section 406 IPC?

Based on my understanding wife can not submit lawsuit against husband under area 406 IPC.

Hubby-- Partner relation is an one-of-a-kind relation where we assume that we have two bodies but one soul which's why after marital relationship, for each residential property, both husband and wife has equal rights.

Currently we will certainly understand can other half file court case against husband under section 406 IPC with examples:

Example 1: Mean the partner got an auto before marital relationship, the automobile is in the hubby's name. After marriage, the partner also has the right over the other half's car.

The partner did not have enough cash to survive and also the other half wishes to market the car but the spouse does not intend to.

Currently the inquiry is can partner will file a litigation against her other half under area 406 IPC as after marital relationship she additionally has civil liberties on the automobile. The response is no. In this situation partner can not submit litigation versus her partner under area 406 IPC.

Instance 2: Expect partner obtained some money as a present during the marriage as well as currently partner has actually filed objected to divorce.

Now the inquiry is can partner will file a court case versus her partner under section 406 IPC to get money as after marriage she additionally has rights.

The answer is no. In this situation wife can not submit lawsuit versus her partner under section 406 IPC. There is no criminal breach of trust happened and money is not a stridhan.

Note: Any type of partner can not submit instance against another spouse under area 406 IPC to preeminence over property or cash or to take building or cash right into custodianship.

Example 3: Mean partner does not have adequate cash for survival and the daughter requires physician assessment and also clinical treatment. The other half believed that if he would certainly offer the precious jewelry gotten by the hubby for his other half, he would get money for his daughter's therapy.

Husband has just alternative to sell other half's jewelry for child's appointment as well as treatment but better half does not wish to market her jewelry as well as wife informed partner that if spouse will certainly sell her fashion jewelry then she will certainly sue under section 406 of IPC Due to the fact that jewelery is Streedhan.

Currently the inquiry is that if the spouse offers his partner's fashion jewelry for the therapy of his little girl, can the partner documents a court case versus her husband under area 406 of IPC?

The answer is no. In this instance wife can not file litigation against her spouse under area 406 IPC. There is no criminal breach of trust because there is no criminal offense done by spouse.

Note: Based Upon Example 3, it is clear that nothing is personal effects after marriage i.e. both couple have equal rights over each other's residential or commercial property. Both couple are similarly responsible for the care of children.

An act can be told as a Criminal act if:

There is criminal act done as well as Act performed with criminal attitude.

[karunasharmaadvocatedelhi]

WHY YOU SHOULD HIRE A DIVORCE LAWYER FOR YOURSELF

With the divorce cases escalating in India over the past couple of years. It is pertinent that the only fast way to resolve the crisis is to google ‘divorce lawyer near me if someone is looking for a divorce. Since these times are hard and emotions do overtake all rational thinking and at this point, the divorce lawyer could be the best advisor next to you.

So locating a good one is often in your best interests, and it is obvious one may google the best lawyer near me. Particularly if your divorce is challenged, and involves the custody of children, and if you have significant assets like streedhan to be recovered.

Top 3 reasons

1.  You are unaware of the judiciary and matrimonial law. The legal system is complicated and not easy to understand. Everyone is not familiar with the judiciary procedure and the process of law, precisely the documentation and the legal terms that make the case more relevant in the prayers while documenting the petition.

2.    A divorce lawyer who is proficient in the field can advocate for you better. A divorce lawyer can help you focus. A divorce lawyer can gauge your matter. A divorce lawyer will advise you not to waste time and money on every petty issue, instead, he would ask you to set your priorities while filing the petition.

3.   You get time to repair and self-heal. Having a divorce lawyer beside yourself will allow you to take care of the other essential things in your life that need your comprehensive devotion. While he will take care of the intricacies for you and adhere to the complex court trials and proceedings giving you time to heal in the process and gather the strength. In short, your divorce lawyer will take your burden and help you to heal.

So it’s extremely important to take advice and guidance of the expertise in the field and the divorce lawyer could consult the petitioner understanding the entire case history and later drafting the legal document as per the acts and sections to be imposed in the matter to deliver fair justice to his client.

Reference Link (Originally Posted ) 

https://karunasharmaadvocate.blogspot.com/2021/09/why-you-should-hire-divorce-lawyer-for.html