Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Topics - advuma

Pages: [1] 2
1
if there is an allegation of corruption against any Supreme Court (SC) or High Court (HC) judge, an FIR cannot be registered and investigations cannot be started into those allegations without the permission of the Chief Justice of India (CJI). Experience shows that Chief Justices have hesitated in giving permissions, despite overwhelming evidence of corruption being presented against any judge.

2
1) Where the complainant has no Title to sue

2) Where the signing up of the signature is not legitimate and responsible to be expunged

3) When the use of the indicate by the accused is not an violation under Area 29

4) When a individual uses a signature according to sincere methods in commercial and commercial issues that do not take unjust benefits

5) When a individual uses a business indicate in regards to solutions or products showing personality, quality or regional origin

6) When a individual uses a business indicate in regards to solutions to which the owner has already used the indicate or authorized customer the item of the use is to indicate that the owner or the authorized customer has conducted the solutions.

7) When a person uses a trademark, which is subject to any conditions or limitations, beyond the scope of such conditions or limitations will not constitute infringement.

8) When a individual uses a indicate in regards to products to which the indicate has been lawfully applied, or where the authorized owner has agreed to the use of the indicate. This applies to situations where products are bought in large and marketed in retail store implementing the indicate

9) When a individual uses a indicate in regards to areas of a item or components to the good sin regard of which the indicate is authorized if the use is reasonably necessary to indicate that the products so tailored

10) When a individual uses a indicate or a identical indicate in the work out of a right conferred by independent signing up

11) When a individual designates a signature to another, this will not impact the right of that person to offer or cope in the products keeping that mark

3
Divorce Laws / Tips for Negotiating Divorce in India
« on: October 09, 2013, 01:39:48 AM »
 There square measure few words within the law a lot of lovely than settlement. The word denotes:

- No a lot of fighting
- No appeals
- Less value
- The parties, instead of a 3rd party, management their own fate
- a lot of care is given to use inventive approaches
- a lot of care is given to use the tax code to each parties’ profit

Settlement is vital in family law notably as a result of there square measure kids. The appearance of a shot will permeate relationships for years. I thus believe that the best divorce is one within which nothing is finished to form or increase the type of ill will that will stop the parties at their child’s wedding.

While a foul settlement might generally beat an honest trial, an honest settlement beats a foul settlement. an honest settlement does not simply happen. it is the results of sensible negotiation. And sensible negotiation is that the results of sure rules.

Usually, the parties square measure surfing a divorce as a result of there is a scarcity of trust, communication and cooperation within the wedding. once a proceeding starts and lawyers become involved, this lack of trust, communication and cooperation does not reduce. Rather, it always gets worse. an explicit degree of trust, communication and cooperation is critical to achieve a settlement. Paradoxically, the terribly reasons that bring the parties to the dialogue table square measure the foremost impediments to settlement.

As a result, there has to be some basic rules within the divorce"knife fight" Here square measure some prompt rules for lawyers and shoppers to adopt, to not kick one another in sensitive spots, however to assist overcome these elementary impediments to settlement.

# Be Cordial
# Do Not Give Ultimatium
# Do Not Give Deadlines
# Make Full Disclosure Voluntarily and Freely
# Don’t Be Afraid of Taking the First Step
# Never Negotiate Backwards
# Never Refuse to Negotiate
# Never Get Personal
# Never Get Angry at a Settlement Proposal
# Be Prepared

4
Divorce Laws / Wife Delaying Case fined
« on: October 09, 2013, 12:57:38 AM »
An exemplary value of Rs 50K was cuffed on a lady on Thursday by the Delhi HC that took exception to he ways to stall divorce proceedings filed against her by her husband on grounds of desertion. HC was irked by her move to file a dizzy petition to delay the divorce proceedings initiated by her Husband in a very domestic relations court.

“I notice that this petition is dizzy associate degreed is vulnerable to be discharged with an exemplary cost…” aforementioned Justice Dhingra in a very judgments whereas dismissing a petition filed by Sujata Aggarwal difficult a domestic relations court call to reject her application for adjournment in 2007.

“Every quite excuse on the market on the planet had been advocate for seeking adjournments and every one ways had been adopted to delay the proceedings,” HC determined and brought up the court order that had explicit that Sujata had taken many adjournments since 2001 to delay the continuing within the divorce case filed by her husband sitar player Aggarwal in 1998.

Justice Dhingra additionally aforementioned, neither the married person nor her counsel appeared before the domestic relations court in August 2001 to receive the maintenance paid by her husband, thereby strengthening suspicion that their intention was solely to delay proceedings.

“The ground on that the husband wanted divorce is desertion. Sujata had associate degree choice to lead her proof to point out that she had not deserted and fault song on the facet of the husband. rather than leading proof and showing within the court she had simply seen to that that the case does not proceed,” the Court aforementioned.

On March 3, 2007, the domestic relations court had discharged associate degree application filed by Sujata for associate degree adjournment within the 1998 case for divorce wanted by her husband on the bottom of desertion by his married person. when permitting many applications filed by Sujata and granting adjournments many times since 2001 on one or alternative grounds taken by the married person, the domestic relations court had discharged her plea for additional adjournment.

5
Marriage / List of Documents for Marriage Registration in India
« on: September 08, 2013, 07:08:52 PM »
Here is a list of Documents required for Marriage Registration under Special Marriage Act and Hindu Marriage Act

1) Application form signed by husband and wife.

2) Evidence of date of birth.

3) Proof of residence. Affidavit by both the parties, stating the place and date of marriage, date of birth, marital status at the time of marriage , and nationalities.

4) Passport-sized photographs of both and one marriage photograph.

5) Marriage invitation card.

6) A certificate from the priest who solemnized the marriage.

7) A certificate of conversion if either party is a convert, from the priest who solemnized the marriage.

8) Affirmation that the parties are not related to each other within the prohibited degree of relationship.

9) Attested copy of the divorce decree, if applicable, and death certificate of spouse if a partner is a widow or a widower.

6
498A IPC / what to do after Charge sheet is filed in 498a
« on: June 29, 2013, 09:41:56 PM »
# On filing of the charge Sheet police will sends summons or make telephone call to attend court to receive charge sheet.

# Charge sheet is given free of cost to the accused in court by the PP, the Charge sheet should contain table showing list of witnesses and documents many times it is not given, one should immediately inform court of any discrepancy.
# Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. Charges are framed u/s240 Cr.P.C if the  discharge application not made u/s239 Cr.P.C. When accused can oppose. Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her. hen her father, Mother, Sister etc. whomsoever I/O has taken as witnesses and taken statements - which are given with chargesheet to accused. Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).
# With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses. First accused's advocate will take examination-in-chief and then PP will take cross-examine.

# Then accused are examined by magistrate u/s313 Cr.P.C.

# PP gives argument, then accused's advocate gives argument.

#Finally order passed: acquitted in case of acquittal Detailed written order is given after few days.

7
498A IPC / when to file for 498a Discharge?
« on: June 29, 2013, 08:37:36 PM »
498a Discharge application can be filed at any stage of the proceedings as par  Section 245 of CrPC, It can also be filed Before framing of charges under Section 239 of CrPC.

Discharge application can be prepared with the documents received  along with charge sheet and any other documents that police have in their possession which could make the case strong for the accused may also be presented

keep in mind the following points while filing for 498a Discharge application:
# Your application should state Grounds for discharge and show that no prima facie case is made out.

# The application can be submitted on any day not necessarily the date given for 498A case.  Sometimes, a Miscellaneous case number is given and heard separately with separate set of hearing dates. while in most often, it is heard under the same number of charge sheet case Criminal Case : C.C. No.. But under any method, the main 498A case is stopped till 'Discharge Application' is not disposed off.

8
498A IPC / what is the duration of filing Charge sheet in 498a
« on: June 29, 2013, 08:26:25 PM »
Charge Sheet must be filed within 2 months after Filing of the FIR

In case it is not fuled within 2 months you should get a certificate from the investigating officer, that the 498a complaint is false or get the FIR quashed from High Court. in the meantime file an RTI

9
Domestic Violence / What is 498A of the Indian penal code
« on: June 29, 2013, 08:16:59 PM »
Indian Penal Code was amendment 1983 to include section 498a

498a states as Follows:

Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-

A. Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

B. Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

C. This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.

Prosecution for a non-compoundable offence can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498a are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent. After registration of an FIR for a cognizable, non-bailable offence, the police in India can arrest any and all of the accused named in the complaint.

10
Divorce Laws / can Divorced person remarry immediately after divorce
« on: June 28, 2013, 10:25:27 PM »
Section 15 of the Hindu Marriage Act, 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, the time has expired without an appeal having been presented or if the appeal filed has been dismissed, it shall be lawful for either party to marry again. The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order.

11
Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed within one year of the marriage. But in case the petitioner's case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year.

12
for mutual Divorce you have to attend 2 times with a gap of 6 months minimum and maximum 18 months

13
Divorce Laws / Can I get divorce online in India
« on: June 28, 2013, 10:15:12 PM »
You cannot file divorce online in India, it is not yet possible. presence of both parties in court is a must for a divorce proceeding to proceed, in case of both Contested and Mutual Divorce

14
Divorce Laws / What are the different grounds for Divorce in India
« on: June 28, 2013, 10:11:50 PM »
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery - The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty - A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.

Desertion - If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion - Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder - Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy - In case of a 'virulent and incurable' form of leprosy, a petition can be filed by the other spouse based on this ground.
Venereal Disease - If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation - A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive - If a person is not seen or heard alive by those who are expected to be 'naturally heard' of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation - It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

15
Divorce Laws / What are the divorce laws in India
« on: June 28, 2013, 10:09:55 PM »
India has different divorce laws for different religions.
here is a list of divorce laws in India
1. Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains.
2. Indian Divorce Act: govers Christian
3. The Muslim Personal Law (Shariat) Application Act, 1937 http://www.legalserviceindia.com/issues/forum34-the-muslim-personal-law-shariat-application-act-1937.html
4. The Special Marriage Act-1954 http://www.legalserviceindia.com/helpline/marriage.htm

Pages: [1] 2

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
Get Free legal Advice here from top notch lawyers in India