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Abstract:This article analyses if the Citizenship Amendment Act,2019 is constitutionally valid as many argue it goes against the secular spirit of the Constitution since it aims to fast-track granting read more
Abstract:
This article analyses if the Citizenship Amendment Act,2019 is constitutionally valid as many argue it goes against the secular spirit of the Constitution since it aims to fast-track granting of Indian citizenship to people who belong to minority communities in our neighbouring countries which excludes Muslims. It is also important to analyse the Act’s impact on the influx of migrants into the country and the availability of opportunities in terms of employment, education, access to resources etc. for the citizens.
Keywords: constitutionally valid, secular spirit, minority communities, impact
Introduction:
The Citizenship Amendment Act, 2019 states that Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan and Bangladesh where these communities are in minority and face religious persecution will be granted Indian citizenship if they entered India on or before December 31, 2014. Thus, as clause 6 of the said act states, instead of granting Indian citizenship after staying in India for not less than eleven years, migrants belonging to the said communities from the said countries would be granted citizenship for staying in India for not less than five years.
Those against the implementation of the Act argue that it violates secular provisions of the Constitution by excluding Muslims. The Act excludes from its ambit Muslims and fails to account for those belonging to the Shia and Ahmedia sects facing persecution in countries like Pakistan. One needs to understand the concept of minority religion concerning the demography of Pakistan. Ahmedias and Shias in Pakistan identify as Muslims and hence, there arises no question of religion-based violence against them. There can be sect-based violence against them, which is different from religious violence Thus, in a theocratic Islamic country like Pakistan, there arises no question of violence against certain sects within Islam based on religion. Another argument that one can advance in this respect is that Ahmadiyyas were at the forefront of the demand for the creation of Pakistan. Muhammad Zafrulla Khan, an Ahmadiyya, was a prominent campaigner for Pakistan.[1] Thus, if India was divided on the basis of religion back in 1947, the very religion that demanded the creation of a separate nation cannot claim to have preferential treatment in granting Indian citizenship.
It is argued that the CAA is fundamentally unjust in its treatment of persons depending on their religions. As a result, it fails to fulfil the Supreme Court’s definition of arbitrariness under Article 14 of the constitution, which ensures equal treatment before the law and security inside India’s borders. However, the idea of equality does not imply that every rule must have a universal application. The idea of equality does not deprive the state of the authority to make classifications. If a legislation applies equally to members of a designated class, it is not subject to the charge of denial of equal protection because it does not apply to other people.
Remarks:
The amendment act does not give a religious character to the Citizenship Act. It just adds a layer to the act which speeds up the process of grant of citizenship to certain persecuted religious minorities in some of India’s neighbouring countries. It does not take away any person’s citizenship on a religious basis. It just aids in granting the same to a group as a whole with no impact on the ability of individuals to acquire Indian citizenship. Thus, the Act is meant for inclusion and not exclusion. Thus, the argument that the Act excludes and discriminates against Indian Muslims and that they will be at a disadvantage if this Act were implemented is fundamentally flawed.
Introduction Divorce is a sensitive and complex issue that affects individuals from various cultural and religious backgrounds. In India, where diverse religious practices coexist, different communities read more
Introduction
Divorce
is a sensitive and complex issue that affects individuals from various cultural
and religious backgrounds. In India, where diverse religious practices coexist,
different communities have their own set of personal laws governing marriage,
divorce, and family matters. This article focuses on divorce under Muslim laws
in India, shedding light on the rights and procedures involved in the
dissolution of a Muslim marriage.
Muslim personal laws in India are derived from Islamic Shariah principles and are regulated by the Muslim Personal Law (Shariat) Application Act, 1937. These laws govern marriage, divorce, maintenance, custody, and inheritance for Muslims in the country. It is important to note that there is no uniform code for Muslims in India, and different schools of Islamic jurisprudence, such as Hanafi, Shafi'i, Maliki, and Hanbali, may have slight variations in their interpretations and practices.
Divorce under Muslim
Law
Broadly,
there are two types of Divorce namely:
1.
Extra-Judicial
Divorce
2. Judicial Divorce
1. Extra-Judicial Divorce:
Extra-judicial divorce, also known as divorce outside the court system or
informal divorce refers to a form of divorce under Muslim personal laws that
occur outside the purview of the judicial process. In this context, it
typically refers to divorce through the pronouncement of talaq by the husband
without involving a qazi (judge) or an arbitration council.
It is important to note that extra-judicial divorce does not follow the prescribed procedures and safeguards outlined in the Muslim personal laws. The practice of extra-judicial divorce, particularly the instantaneous form of triple talaq (talaq-e-biddat), has been a subject of debate and legal scrutiny in recent years.
In 2017, the Supreme Court of India, in the case of Shayara Bano v. Union of India 2017 9 SCC 1, declared the practice of triple talaq unconstitutional and void, emphasizing that it violated the fundamental rights of Muslim women. The court ruled that the husband must follow due process and provide reasonable grounds for divorce, ensuring the principles of justice, equality, and dignity. Following the Supreme Court's decision, the Muslim Women (Protection of Rights on Marriage) Act, 2019, commonly known as the Triple Talaq Act, was enacted to make the pronouncement of triple talaq a cognizable offense punishable with imprisonment.
The Act also provides protection and safeguards for Muslim women, including the right to maintenance (nafaqah) during the iddah period, custody of children, and the opportunity to seek redressal through legal channels.
2. Judicial Divorce: Judicial Divorce basically refers to the procedure of obtaining a divorce decree through the appropriate court of law. In the present case, a woman married under Muslim Law can obtain a divorce decree under Section 2 of the Dissolution of Muslim Marriages Act, 1939.
What are the methods
under Muslim Law that allows a Muslim man to Divorce his wife?
What are the methods
under Muslim Law that allows a Muslim wife to Divorce her husband?
1. Section
2 of the Dissolution of Muslim Marriages Act, 1939 provides
the grounds for Muslim wife to seek divorce from her husband.
2. Tafweez:
Tafweez is a form of divorce in which the husband delegates the power of
divorce to his wife or a third party through a legally valid agreement. An
agreement can be made between a husband and wife before or after marriage. If
the terms of the agreement are not fulfilled, the wife has the right to request
a divorce. This type of divorce allows women to seek dissolution of the marriage,
while the husband retains his right to initiate divorce.
3. Lian: If a husband falsely accuses his wife of unchastity or adultery, it can be considered as a form of character assassination. In such cases, the wife has the right to seek a divorce based on these grounds. This type of divorce is referred to as Lian. However, it is important to note that Lian can only be invoked when the husband voluntarily and aggressively charges his wife with adultery. If the accusation is proven to be false, the wife is entitled to obtain a divorce decree on the basis of Lian.
What the methods of
Mutual Divorce in Muslim Law?
We have tried to cover the above topic as exhaustively as we could. However, in case of any queries please call us at +91 9810929455 and info@soolegal.com.
The Right to Information (RTI) Act in India has been instrumental in promoting transparency and empowering citizens to seek information from public authorities. A gentleman on Quora asked me a question read more
The Right to Information (RTI) Act in India has been instrumental in promoting transparency and empowering citizens to seek information from public authorities. A gentleman on Quora asked me a question about his misunderstanding about paying RTI fees and their relationship with contracts. In this article, I will go into the terms of the RTI Act in order to clarify the key differences between paying RTI fees and entering into a contract.
Statutory Provision:
Under Section 6(1) of the RTI Act, any person desiring to obtain information must make a request in writing to the Public Information Officer (PIO). Additionally, Section 6(1) of the Act also states that the request for information shall be accompanied by the prescribed fee. The Act provides the necessary framework for citizens to exercise their right to information, including the requirement of paying fees.
Mandatory Requirement:
The payment of RTI fees is a mandatory requirement imposed by the RTI Act. Section 7(1) of the Act specifies that the PIO, upon receiving an application, shall provide the requested information within 30 days. However, this timeline can be extended to 45 days if the PIO provides a reasonable justification. The Act does not classify the payment of fees as a contractual agreement but rather as a necessary condition for processing the information request.
Pre-determined Fee Structure:
The RTI Act also outlines the fee structure in the RTI Rules, which may vary across different public authorities. As per the RTI Rules, the application fee is Rs. 10/-, and there may be additional fees for providing the information, depending on factors such as the mode of delivery, size of documents, or the time involved. These fees are fixed by the government and are not subject to negotiation or modification through a contract.
Consideration and Performance:
In a contract, consideration is a crucial element, referring to the value exchanged between the parties. In a typical contract, both parties provide something of value to each other. However, when paying RTI fees, the applicant is providing the prescribed amount solely to cover the expenses incurred by the public authority in processing the information request. The PIO's performance is the provision of the requested information, which is not contingent upon the fee payment but rather mandated by the RTI Act.
No Mutually Consented Terms:
A contract is based on mutual consent and agreement between parties. However, in the context of RTI fees, there is no negotiation or mutual agreement between the applicant and the PIO regarding the payment terms. The applicant is obliged to pay the prescribed fees as per the statutory provisions of the RTI Act, and the PIO is bound by law to provide the requested information upon receipt of the application and the requisite fee.
Remedies and Consequences:
Failure to pay RTI fees does not result in contractual remedies or legal consequences similar to a breach of contract. However, Section 7(2) of the RTI Act stipulates that if the applicant fails to make the prescribed payment, the PIO may reject the application. Non-payment of fees can lead to the rejection or delay in processing the application, hindering the applicant's right to access information but without invoking contractual remedies. A breach of contract may lead to legal consequences, such as the payment of damages or specific performance. However, the failure to pay RTI fees does not result in contractual remedies. Instead, it may lead to the rejection or delay in processing the application, as non-compliance with the statutory requirement may hinder the PIO's obligation to provide the requested information.
Nature of the Relationship:
A contract establishes a legal relationship with rights and obligations for both parties involved. On the other hand, the payment of RTI fees does not create a legal relationship between the applicant and the PIO. The fee payment is a procedural requirement to ensure the functioning of the RTI Act, and it does not confer any additional rights or privileges upon the applicant.
Under the RTI Act, the payment of fees for an information request differs significantly from a contract. The Act mandates the payment of fees as a statutory requirement, without establishing a contractual relationship between the applicant and the PIO. The fees are pre-determined and not subject to negotiation, and the failure to pay may result in the rejection or delay in processing the application.
Introduction A live-in relationship is a type of partnership where two individuals live together without being married. This concept is widely accepted and legalized in many countries across the globe. read more
Introduction
A
live-in relationship is a type of partnership where two individuals live
together without being married. This concept is widely accepted and legalized
in many countries across the globe. The highest court of law has recognized
that the right to live together for a man and a woman in love is a fundamental
aspect of the right to life. Therefore, living in a live-in relationship is no
longer considered a criminal offense. In 2003, the Malimath Committee made
significant recommendations, particularly focusing on the term "wife" and treating a woman in
a live-in relationship similarly to a wife. Subsequently, the Protection of Women from Domestic Violence
Act (PWDVA) of 2005 provided legal recognition to relationships outside of
marriage by encompassing them under the category of relationships "in the nature of marriage".
Efforts have been made to bring live-in relationships under the purview of
various laws concerning domestic violence, maintenance, property, and the legal
status of children, in order to regulate the dynamics of this new social
arrangement.
Legality and
Recognition of Live-in Relationships in India
Living
in a relationship without being formally married is not considered a crime in
India. The Supreme Court has made several judgments stating that if a man and a
woman live together as a married couple, even if they are not legally married
but have a long-term relationship and children, they will be presumed to be
married, and the same laws that apply to married couples will be applicable to
them.
The
concept of a live-in relationship was recognized by the Allahabad High Court in
the Payal Sharma v. Nari Niketan
case, where it was stated that although society may consider it immoral, it is
not illegal for a man and a woman to live together without getting married. The
Supreme Court, in the S. Khushboo v.
Kanniammal & anr case, also affirmed that a live-in relationship
between two consenting adults cannot be considered an offense, and there are no
laws in place that prohibit live-in relationships or pre-marital sex.
Article 21 of the
Constitution of India guarantees the right
to life and personal liberty as a fundamental right, and the court has ruled
that individuals in a live-in relationship without formal marriage are not
considered criminals. Therefore, live-in relationships are legally recognized
in India.
PWDVA
was the first legislation in India to recognize and provide rights and
protection to females who are in live-in relationships. Even if they are not
legally married, the Act acknowledges their relationship and treats it as a
domestic relationship.
The Act does not explicitly define a live-in
relationship but leaves it to the interpretation of the courts. Currently, the
provisions of the PWDVA validate individuals in live-in relationships and grant
women certain fundamental rights to protect themselves from abusive situations
such as fraudulent marriages or bigamous relationships.
To
establish the legality of a relationship "like
marriage" under PWDVA, certain essential criteria were outlined by the
Supreme Court in the cases of D
Patchaiammal v. D Velusamy and Indra
Sarma v. V.K.V. Sarma. Women in such relationships must fulfill specific
criteria to benefit under the PWDVA, including:
·
Age: The couple
involved must be of legal age to marry according to Indian law. In the Payal Katara v. Superintendent Nari Niketan
Kandri Vihar Agra and Ors. case, the Allahabad High Court emphasized that a
woman of about 21 years of age, being a major, has the right to live with
anyone, even without being married. However, a recent judgement by the Kerala
High Court in Nandakumar v. the State of
Kerala held that an adult couple can be in a live-in relationship even if
the man's age is below 21, the legal age for marriage.
·
A significant period:
The expression "at any point of
time" mentioned in Section 2(f)
of the PWDVA implies a reasonable period during which the relationship is
maintained and continues. The duration may vary depending on the specific
circumstances of each case. It is important to demonstrate sincerity and
seriousness in the relationship. Short-term or casual relationships, such as
one-night stands or week-long affairs, would not fall under the scope of a
domestic relationship.
·
Voluntary cohabitation:
The couple must have made an independent decision with a common intention to
cohabit. This includes supporting each other, sharing responsibilities, making
financial arrangements, and engaging in public socialization to demonstrate the
loyalty and endurance of the relationship. If a man keeps a woman solely for
sexual reasons or as a maid/slave while providing financial support, it would
not be considered a relationship in the nature of marriage or equivalent to
marriage.
In
the landmark case of Badri Prasad v. Dy.
Director of Consolidation, the Supreme Court recognized live-in
relationships for the first time and granted legal validity to a fifty-year
live-in relationship between a couple. Justice Krishna Iyer stated that a
strong presumption of marriage arises when partners have lived together for a
significant period as husband and wife. While the presumption can be rebutted,
the burden of proof lies on the person seeking to challenge the legal status of
the relationship.
Legal Rights and
Maintenance Entitlements in Live-in Relationships
a. Legal
status: The Supreme Court ruling in Tulsa v. Durghatiya established that
children born out of a live-in relationship are no longer considered
illegitimate. For this to apply, the parents must have lived together and
cohabited for a significant period, demonstrating their seriousness and
sincerity in the relationship.
In
S.P.S. Balasubramanyam v. Suruttayan, the Supreme Court recognized the
legitimacy of children born out of live-in relationships. The court stated that
if a man and woman live together and cohabit for a substantial period, there is
a presumption that they are married, and their children are not illegitimate.
The court also referred to Article 39(f)
of the Indian Constitution, which directs policies to protect the rights
and development of children.
b. Property rights: In the case of Revanasiddappa v. Mallikarjun, the
Supreme Court recognized the rights of four children born out of a live-in
relationship as legal heirs, ensuring their inheritance. Similarly, in Bharatha Matha v. R. Vijaya Renganathan,
the Supreme Court held that a child born out of a live-in relationship can
inherit the property of their parents. However, the child does not have any
claim over Hindu ancestral coparcenary property.
c. Maintenance: The Malimath Committee, established
in 2000 to propose reforms to the criminal justice system, recommended amending
Section 125 of the Criminal Procedure
Code (CrPC) to extend maintenance rights to women who have lived with a man
similar to a wife for a significant period. However, certain criteria need to
be met under the PWDVA to avail of maintenance rights, including the right age,
mutual and independent consent, a significant period of cohabitation, and
social status. Short-term relationships or those based solely on sexual desire
are not considered sincere relationships.
In
Chanmuniya v. Chanmuniya Kumar Singh
Kushwaha, the Supreme Court rejected the argument that only legally married
women can claim maintenance under Section
125 of the CrPC. The court held that women in live-in relationships are
entitled to the same claims and reliefs as legally wedded wives under Section
26 of the PWDVA.
In
Abhijit Bhikaseth Auti v. State of
Maharashtra and Others, the
Supreme Court ruled that a woman in a live-in relationship can claim
maintenance under Section 125 of the CrPC
without the strict requirement of proving marriage. The court emphasized the
need to extend the scope of Section 2(f)
of the PWDVA to provide protection to dependent, poor, and illiterate
individuals and their children.
Conclusion
Live-in
relationships are legally recognized in India, and the Supreme Court has made
significant judgments affirming the rights and protection of individuals in such
relationships. PWDVA provides legal recognition to relationships "in the nature of marriage"
and grants women certain fundamental rights. The courts have established
criteria such as age, a significant period of cohabitation, and voluntary
cohabitation to determine the legality of a live-in relationship under the
PWDVA. Children born out of live-in relationships are considered legitimate,
and property rights and maintenance entitlements have been upheld by the
judiciary. However, there is still a need for further discourse and legislation
to address the complexities and ensure comprehensive legal protection for
individuals in live-in relationships.
This article outlines the remedies available to people who feel threatened as a result of these sensitive images and aims to offer helpful insights on protecting your private photos from unauthorized read more
This
article outlines the remedies available to people who feel threatened as a
result of these sensitive images and aims to offer helpful insights on
protecting your private photos from unauthorized disclosure by your
ex-boyfriend/girlfriend.
Legal
provisions are in place to protect individuals facing threats or blackmail in
India. These provisions include sections of the Information Technology Act,
2000, such as Section 66E which prohibits the unauthorized capturing or
publishing of private images, and Section 67 which criminalizes the
transmission of obscene electronic material. Section 67A deals with the
publication of sexually explicit material, while Section 67B specifically
addresses child pornography.
The
Indian Penal Code also contains relevant sections, such as Section 292 which
targets the sale or distribution of obscene books, and Section 501 which covers
the printing or engraving of defamatory material. Violations of these
provisions can result in imprisonment and fines.
To
combat cybercrimes, the Indian government has established cyber forensic
training and investigation labs in multiple states, as well as cybercrime cells
in all states and Union territories. These initiatives aim to strengthen law
enforcement capabilities and facilitate the reporting and investigation of
cybercrime cases.
In
terms of legal recourse, individuals facing threats or blackmail are advised to
contact the police through the emergency hotline number, provide their details,
and explain the situation. The police will take action by sending officers to
meet with the individual, document their statement, and initiate necessary
steps, including apprehending the responsible individuals, seizing their
devices, and conducting interrogations.
Seeking
the assistance of a trustworthy lawyer is recommended, as they can guide the
individual through the legal process, help file a civil case to obtain an
injunction against the perpetrators, and explore the option of filing a
criminal case if negotiations are unsuccessful. Emotional support from friends,
family, or support groups is also important during this challenging time.
Overall, it is crucial to take prompt action, seek legal help, and remember that resources and support are available.
If you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
The victim can get an injunction from the court
to stop the images from being published elsewhere. If you are tagged in a post
first untag yourself then report on the site. You can contact Google to remove
the images and other information from search results.
Introduction Marriage is a sacred institution that is built on the foundation of trust, love, and companionship. However, there are instances where a marriage may face challenges and become strained, read more
Introduction
Marriage
is a sacred institution that is built on the foundation of trust, love, and
companionship. However, there are instances where a marriage may face
challenges and become strained, leading to irreparable damage to the
relationship. Mental cruelty is one such challenge that can significantly
impact a marriage, and when a spouse is forced to stay away from their parents,
it can be a compelling ground for seeking a divorce. This article explores the
legal aspects surrounding this issue, focusing on the rights of individuals and
the potential implications of forcing a spouse to stay away from their parents.
Understanding Mental
Cruelty in Marriage
Mental
cruelty refers to any act or behavior that inflicts severe emotional or
psychological distress upon an individual within a marriage. It is a
non-physical form of abuse that can have long-lasting effects on the victim's
mental well-being. In many jurisdictions, mental cruelty is recognized as a
valid ground for seeking a divorce, as it undermines the foundation of a
healthy and harmonious marital relationship.
Importance of the
Parent-Child Relationship
The
bond between a person and their parents is often a deeply ingrained and cherished
connection. It is a relationship that is nurtured over time and carries
significant emotional and psychological value. The welfare and happiness of
both spouses may be dependent on maintaining a healthy relationship with their
respective parents. Interfering with this relationship can be a serious
infringement on an individual's rights and can cause significant harm to their
mental well-being.
Legal Perspective on
Forced Separation from Parents
In
many jurisdictions, laws governing marriage and divorce recognize mental
cruelty as a valid ground for divorce. Although the specific laws and legal
requirements may vary, the principle remains the same: a spouse should not be
subjected to any form of abuse or cruelty within the marriage. The act of
forcing a spouse to stay away from their parents can be seen as an attempt to
isolate, control, or manipulate them, thereby constituting mental cruelty.
Legal Recourse: Seeking
Divorce
When
a spouse is subjected to mental cruelty, such as being forced to stay away from
their parents, they may choose to seek divorce.
The
Calcutta High Court recently made a significant ruling stating that a husband
has the right to seek a divorce if his wife compels him to move away from his
parents. The court emphasized that a son has a "pious obligation" to care for and support his parents
and it is normal for a son to live with his parents in Indian culture. The
division bench of Justices Soumen Sen and Uday Kumar rejected a woman's plea
challenging a family court's decision to grant her husband a divorce. The
family court had granted the divorce based on the grounds of cruelty, citing
instances where the wife publicly insulted the husband and made derogatory
remarks about his employment status. The husband had been working as a part-time
teacher and was seeking a government job. However, his efforts were hindered
when his wife filed a criminal case against him and his parents, accusing them
of torture.
Therefore,
forcing a spouse to stay away from their parents can be a form of mental
cruelty within a marriage, with potential long-term consequences for the
victim's mental and emotional well-being. Recognizing this as a valid ground
for seeking divorce is crucial for protecting the rights and autonomy of
individuals within a marriage.
If you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
Introduction: Discovering that a spouse is engaged in an extra-marital affair can be emotionally devastating. While the impact on the relationship is deeply personal, there are legal considerations to read more
Introduction:
Discovering
that a spouse is engaged in an extra-marital affair can be emotionally
devastating. While the impact on the relationship is deeply personal, there are
legal considerations to be aware of as well. This article explores the evidence
that can be used against a spouse involved in an affair, as well as the
available remedies in different personal laws in India.
Evidence
against a spouse engaged in an extra-marital affair: Proving an extra-marital
affair can be challenging, but various forms of evidence can be used to support
a case. These include:
Birth of an
illegitimate child: The birth of a child
conceived during the affair can be strong evidence of infidelity.
Contraction of a
venereal disease: If the unfaithful
spouse contracts a sexually transmitted infection, it can serve as evidence of
extra-marital sexual activity.
Witnesses, photographs,
and videos: If it is legal and ethical to do
so, gathering witness testimonies, photographs, or videos that capture the
spouse's involvement in the affair can be valuable evidence.
Evidence of visits to a
brothel: If there is proof of the spouse
visiting a brothel, it can indicate involvement in extramarital sexual
activities.
Confession of the
spouse: A spouse's confession of their
adulterous behavior can serve as evidence against them.
Communication records:
Messages or emails found on devices or obtained legally can provide evidence of
an affair.
Paternity test reports:
A paternity test revealing that a child from the affair is biologically linked
to the unfaithful spouse can further support the case.
It
is important to note that while direct evidence is preferred, circumstantial
evidence can also be used to establish an extra-marital affair. The evidence
presented collectively should lead to a compelling conclusion of adultery, with
the intention to commit adultery being an essential element.
Remedies under personal
laws in India: The available remedies for
individuals affected by an extra-marital affair vary depending on their
personal law. Here are some notable remedies under different personal laws:
Hindu Marriage Act,
1955, and Special Marriage Act, 1954:
Divorce:
A spouse can file for divorce on the ground that their partner engaged in
voluntary sexual intercourse with someone other than themselves after marriage.
Judicial Separation:
If immediate divorce is not desired, a petition for judicial separation can be
filed, providing time for reflection and deciding on the future of the
marriage.
Muslim Personal Laws:
Husband:
A Muslim husband can divorce his wife by exercising triple talaq or through
delegation of divorce powers to the wife (talaq-i-tafweez).
Wife:
The wife can file for divorce if the husband associates with women of ill
repute or leads an infamous life, considering it as mental cruelty. False
accusations of adultery by the husband may also be grounds for divorce.
Christian Law:
Divorce:
The Divorce Act, 1869, allows divorce on the ground of adultery committed by
the respondent after marriage.
Judicial Separation:
A petition for judicial separation can be filed.
Also,
the Code of Criminal Procedure, 1973 (CrPC) contains provision related to
extramarital affairs, which can be summarized as follows:
Maintenance:
According to the CrPC, a wife who is found to be living in adultery is not
entitled to receive maintenance from her husband. If a maintenance order has
already been issued, but later it is proven that the wife is living in
adultery, the magistrate has the authority to cancel the maintenance order.
It's important to note that "living in adultery" refers to a
continuous state of engaging in adultery, rather than a one-time occurrence.
Conclusion:
Discovering a spouse's extra-marital affair can be emotionally distressing, and individuals need to understand their legal recourses and rights. Collecting evidence, whether direct or circumstantial, is crucial to support a case. The available remedies vary under different personal laws in India, allowing for divorce and judicial separation. Understanding the legal framework can help individuals make informed decisions regarding their relationships and seek appropriate remedies.
If
you have any additional questions, please contact us at +91 9810929455 or via email at info@soolegal.com.
Today 29th June is Eid al Adha ( also called Eid ul Zoha or Bakrid ) an important festival among Muslims in which an animal is sacrificed ( qurbani )..This reminded me of a case I heard in the Allahabad read more
Introduction Abortion is the medical procedure or process of terminating a pregnancy before the fetus is able to survive outside the womb. It is the deliberate ending of a pregnancy, resulting in the read more
Introduction
Abortion
is the medical procedure or process of terminating a pregnancy before the fetus
is able to survive outside the womb. It is the deliberate ending of a
pregnancy, resulting in the removal or expulsion of the embryo or fetus from
the uterus.
Abortion
can be performed through various methods, which depend on factors such as the
gestational age of the pregnancy and the woman's health.
According
to Sections
312 to 316 of the Indian Penal Code 1860, certain situations are
outlined where abortion is considered illegal and punishable under the law.
These provisions state that causing a miscarriage in a woman is a criminal
offense. Furthermore, if a person voluntarily causes a woman to have a
miscarriage, they can be punished with imprisonment for up to 3 years and a
fine. This penalty applies particularly if the miscarriage is not performed in
good faith with the intention of saving the life of the woman.
To put it simply, the Indian Penal Code makes it clear that causing a miscarriage in a woman is a crime, and anyone who deliberately does so without a justifiable reason can face legal consequences such as imprisonment and a fine.
Is Abortion legal for
unmarried woman in India?
Yes,
unmarried women in India are legally allowed to have an abortion. The Medical Termination of Pregnancy Act, 1971 (“Act”) was enacted to provide a
legal framework for safe and legal abortions. Under this law, any woman,
regardless of her marital status, has the right to seek an abortion if certain
conditions are met.
According
to the Act, a pregnancy can be terminated if it poses a risk to the physical or
mental health of the woman, if there is a substantial risk that the child, if
born, would suffer from physical or mental abnormalities, or if the pregnancy
is a result of rape or failure of contraceptive methods. The act allows for
abortions up to 20 weeks of gestation, although there are some exceptions to
this limit in cases where there is a substantial risk to the woman's life or if
there are fetal abnormalities. It is important to note that abortions in India
must be performed by a registered medical practitioner in a recognized medical
facility. Additionally, there may be certain requirements and procedures that
need to be followed, such as obtaining consent, ensuring confidentiality, and
maintaining medical standards.
Section-3
of the Act provides certain conditions on which pregnancy can be terminated by
a woman through registered medical practitioners. The pregnancy according to
Section-3 can be terminated if:
1. The
length of the same does not exceed 20 weeks or 24 weeks
2. The
continuance of the pregnancy would involve a risk to the life of the pregnant
woman or of grave injury to her physical or mental health
3. There
is a substantial risk that if the child were born, it would suffer from any
serious physical or mental abnormality.
Also,
under the Act, there are two explanations wherein it is stated that the
pregnancy can be terminated if, “where
any pregnancy occurs as a result of failure of any device or method used by any
woman or her partner for the purpose of limiting the number of children or
preventing pregnancy, the anguish caused by such pregnancy may be presumed to
constitute a grave injury to the mental health of the pregnant woman.” Or “where any pregnancy is alleged by the
pregnant woman to have been caused by rape, the anguish caused by the pregnancy
shall be presumed to constitute a grave injury to the mental health of the
pregnant woman”
An unmarried woman can also terminate her pregnancy if the above conditions are met as per the Act. However, the Act also states that the termination of pregnancy of a minor girl or mentally challenged girl shall only be performed with the consent of her guardian.
Can the pregnancy be
terminated at any place so desired?
No,
the Act under Section-4 specifies the places where the termination of the
pregnancy can take place. The places are:
1.
A
hospital established or maintained by Government
2. A place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee
Can a pregnancy be
terminated in case the conditions under Section-3 and Section-4 are not met?
Yes, a pregnancy can be terminated even if the conditions under Section-3 are not met. Section-5 of the Act states that if in the opinion of two registered medical practitioners the termination is immediately necessary to save the life of a pregnant woman.
We have tried to cover as many questions as possible with regard to the above topic. However, if there are still any questions, please contact us on +91 9810929455 or mail us at info@soolegal.comIntroduction A civil suit refers to a legal action filed by one party against another in a civil court to seek a legal remedy for a civil wrong or dispute. It is a non-criminal litigation process that read more
Introduction
A
civil suit refers to a legal action filed by one party against another in a
civil court to seek a legal remedy for a civil wrong or dispute. It is a
non-criminal litigation process that deals with private matters such as
contractual disputes, property disputes, tort claims, family matters, and
various other civil issues. Civil suits are governed by the Civil Procedure Code, 1908, (hereinafter
referred as “CPC”) which provides the procedural rules and guidelines for
conducting civil proceedings in India. The Code outlines the process of filing
a suit, the jurisdiction of courts, the issuance of summons, examination of
witnesses, presentation of evidence, and the final judgment. The objective of a
civil suit is to obtain a legal resolution, usually in the form of compensation
or specific performance, to restore the rights or address the grievances of the
aggrieved party. The stages of a civil suit as per Code of Civil Procedure, 1908 are mentioned below:
S.No |
Stages |
Particulars |
1. |
Presentation of a
Plaint under Order 7 of CPC |
Order 7 of CPC 1908
governs the presentation of a plaint in a civil suit in India. It specifies
that the plaint should contain essential particulars, be verified,
accompanied by the appropriate court fees, and presented to the court having
jurisdiction. If the plaint is found to be in order, it is endorsed,
registered, and assigned a unique serial number for future reference. |
2. |
Service of Summons on
the Defendant under Order 5 CPC |
Order 5 of the CPC,
outlines the process of serving summons on the defendant in a civil suit in
India. Summons is issued by the court to notify the defendant about the
lawsuit and their obligation to appear in court. The summons can be served
through personal service, registered post, or substituted service if the
defendant cannot be found. In the case of corporations or government
entities, the summons is served on their authorized officer. After the
service, the serving officer or process server submits a report to the court.
Serving summons ensures that the defendant is aware of the legal proceedings
and has an opportunity to respond and defend their case. |
3. |
Appearance of Parties |
Once the summons has
been duly served on the defendant, the subsequent phase of the civil suit
begins, involving the appearance of both parties before the court on the
specified date. If the defendant fails to appear as instructed in the
summons, the court has the authority to proceed with the case in their
absence, which is known as an ex parte proceeding. Conversely, if the
plaintiff is absent on the designated date, the court may dismiss the suit.
If neither party appears, the court has the discretion to dismiss the suit
altogether. |
4. |
Filling of Written
Statement and/or any appropriate application under CPC |
After registering
their appearance the defendant herein will be asked to file his Written
Statement and/or the defendant, if thinks fit, can file any other application
as per the provisions of CPC. Also at this stage a counter claim can also be
filed by the defendant against the plaintiff if the facts and circumstances
are such. |
5. |
Production of
Documents by both Parties and examination of parties |
Both Plaintiff and
Defendant produce the necessary documents that they want to rely upon to
prove their case. Also at this stage the court determines from each party or
their representative whether they accept or refute the factual allegations
stated in the plaint and written statement. These admissions and denials are
duly documented and recorded by the court. |
6. |
Framing of Issues |
Under Order 14 of the
Civil Procedure Code, the court, at this stage, is responsible for framing
the issues in the case. This task is assigned to the judges as per Order 14,
Rule 1. If the court deems it necessary to examine a person or a document in
order to accurately frame the issues, it has the discretion to do so.
Furthermore, the court retains the power to strike out or add issues in the
dispute before delivering a judgment. Top of
Form
|
7. |
Summoning and
Attendance of witnesses |
Order 15 of the Civil
Procedure Code (CPC) deals with the summoning and attendance of witnesses in
a court of law. As per this order, the parties are required to submit a list
of their respective witnesses and the documents they intend to present as
evidence. The court fixes a specific day for summoning the witnesses, which
should not be later than fifteen days after the settlement of the issues in
the case. |
8. |
Hearing of Suits and
Examination of Witnesses |
During this stage of
the trial, which involves the examination of witnesses and the hearing of
suits, the plaintiff is initially given the opportunity to present their
case. However, if the defendant raises a legal point or introduces additional
facts suggesting that the plaintiff is not entitled to relief, the defendant
may take precedence in starting the trial instead of the plaintiff. In such a
situation, the defendant has the right to initiate the proceedings. |
9. |
Arguments |
Once the examination
of witnesses is concluded, the suit proceeds to the stage of arguments.
During this phase, both parties provide a concise overview of their case and
present the evidence supporting the issues before the judge in the final
session. |
10. |
Judgment |
The judgment is the
decision rendered by the judge based on which a decree is issued. Following
the hearing of arguments from both sides, the court, as per Order 20, Rule
6A, will announce the judgment either promptly or within one month from the
conclusion of the arguments. |
11. |
Appeal |
If either party to
the suit is not satisfied with the judgment due to certain reasons, that
party can prefer an appeal before the concerned appellate court. Also, in the
pendency of the appeal an interim stay on the judgment can also be prayed
for. |
We have tried to cover every aspect with
respect to the above-mentioned topic. However, in case we have missed out on
anything, please reach out to us on +91
9810929455 or mail us at info@soolegal.com.
Bhubaneswar, India
Altusried, Germany
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|
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Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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