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Impleading petitions in civil cases.IntroductionThe concept of impleading petition is enshrined the Code of Civil Procedure, 1908. The principle of impleading petition is basically used for adding a new read more
Impleading petitions in
civil cases.
Introduction
The
concept of impleading petition is enshrined the Code of Civil Procedure, 1908.
The principle of impleading petition is basically used for adding a new party
in a suit. The concept of impleading petition is essential to give relief to
all the parties involved in a suit.
Provision
Order
1 rule 10 of the CPC, 1908 gives the power to the court to add a party to a
suit at any stage of the proceedings, if the court thinks that presence of that
party is important for fair adjudication of the suit , then court can add the
person or and organization as a party to a suit. This can help to give relief
to every effected person in a suit.
Judicial Interpretations
The
court in various judgments had upheld the concept of impleading petition. In
the case of Kasturi vs. Uyyamperumal and others (2005) 6 SCC 733, the honorable
court has given two grounds for determining “Necessary Person” to a suit, it
enumerates two grounds for deciding necessary person, which are;
(i)
There must be some right to relief
against such person regarding the controversies involved in the suit.
(ii)
If the court thinks that the presence of
such person will help in the fair adjudication of the matter and without adding
such person the adjudication cannot be done.
Conclusion
Hence,
it can be concluded that the concept of impleading petition carries a very
significant principle which is essential for the sake of justice, equity and
good concise. As the grant of impleading petition depends on the discretion of
the court, the court has the responsibility to grant such petition if it is
necessary for fair pronouncement of the decision.
In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive spectrum of concerns.
In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.
How Cyber security firewall and data privacy is important for companies.IntroductionWith the rise of internet and technology in recent times, many new things came into existence, such as Artificial Intelligence, read more
How Cyber security firewall and data privacy is
important for companies.
Introduction
With
the rise of internet and technology in recent times, many new things came into
existence, such as Artificial Intelligence, Computational Intelligence, etc. Technology
pressed positive impacts in today’s era. But as every coin has two sides, the
affects of technology also gave rise to new crimes and malice. The technology
is used as a weapon to breach others right and intervene into others privacy.
Cyber security firewall
and data privacy.
Companies
and business in today’s time uses different digital tools to store their data
and information. These data can contain financial statements of the company,
trade secrets, contracts or any kind of information which are confidential for
the businesses and hence they bear a right of privacy. Breaching the data
privacy can largely affect the business and can also lead to severe loss of the
company.
Hence,
data privacy is a very serious concern for business, and this data is basically
protected by Cyber security firewall. The Cyber security firewall acts as a
digital wall which prevents the data to be accessed by unauthorized users. The
cyber security firewall inspects every data passing through the system and
analyze that if it sets with the pre defined sets of elements or not, and
protects malicious data from entering into the system. These firewalls are used
by various companies to safeguard their data from possible cyber
threats.
Provisions governing
the ambit
In
India, with incline of the digital era several data protection laws has been
enacted and various provisions have been established. The Information
Technology Act, 2000 also enshrines provision for breaching of confidential
data. Section 72 of the IT Act, 2000, states that if any person has the access
to any data without the consent of the person concerned, and if he discloses
that data to any other person then he will be liable under this act.
Also
a recent law was enacted for the safety of the personal data, which is known as
the Digital
Personal Data Protection Act, 2023, this is the first law
on India which is made to govern the security concerns of the personal data.
Conclusion
Hence,
it can be concluded that the firewall is a very significant tool used for data
protection and privacy, although firewall does not give a 100% protection from
cyber threats but still it gives a primary protection to the data and with the
evolution of technology more stringent laws and complex system for data
protection will be made.
The Online Legal Query here has participates to help the aggrieved through the
experienced senior
advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive spectrum of concerns.
Difference between Civil & Criminal Defamation cases and filling procedures.IntroductionIn ancient times Defamation was governed under Gautam Dharma Sutra in India which explained that read more
Difference between Civil & Criminal
Defamation cases and filling procedures.
Introduction
In ancient times
Defamation was governed under Gautam Dharma Sutra in India which explained that when a shudra
abuses a person of a twice born cast, he will be punished. Defamation also has
its origins from Ancient Rome, England and Germany. In modern time the offence of
defamation in India is governed by both criminal and civil law. If any person,
by words, or by writing, or publishes, or by visual representation, expresses
any false statement with regards to any person, having knowledge that this
statement will lead to harm the repute of the person, is said to have committed
the offence of defamation.
The ambit of defamation also covers a dead person.
Provisions
In civil law defamation
is explained under the law of tort, and it is considered as a tort. The person
aggrieved from defamation can file a civil suit under section 19 of the Code of
Civil Procedure; 1908.The civil suit for defamation is basically for monetary
compensation, whereas the aggrieved party can also file a petition for
defamation under criminal law if he wants to go for the grant of punishment to
the offender. The sections which deal with defamation under criminal law are
Sections 499 and 500 of the Indian Penal Code, 1860.
Key
Differences between Criminal Defamation and Civil Defamation
The basic key
differences between civil and criminal defamation are ; Criminal defamation
comes under the ambit of Criminal
law
in India whereas the civil defamation comes under civil law. The initiation of
criminal defamation is done by filing a petition mentioning 499 and 500 of IPC;
on the other hand the initiation of suit in case of civil defamation is
conducted by filing a civil suit under the CPC. Another most important
difference between criminal defamation and civil defamation is in the terms of relief;
in case of criminal defamation the intention is to punish the offender, whereas
in civil defamation the main objective is to get monetary compensation.
Exceptions
of Defamation
As to the definition of
defamation there are certain exceptions to the offence. These includes; If the
statement which is expressed is true in nature and only recognizes true facts
and no false claims, then it will not come under the ambit of defamation,
further there are certain privileges given to some people in respect to
defamation, such as the speaking in parliamentary meeting do not constitute
defamation, and there are certain other exceptions such as the if the statement
is made for public safety it will not amount to defamation, etc.
Conclusion
Hence, it can be concluded that both criminal and civil
defamation are different in nature and also in terms of initiation and relief,
the intention of legislature for keeping this dual nature of the offence must
be to give more relief options to the public.
In India
it is considered with importance, for which the stringent framework to ensure
that the process is ethical, transparent and maintain the protection of each
people’s well-fare. Also the Online Legal Query here has participates to
help the aggrieved through the experienced senior advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer legal assistance in an extensive
spectrum of concerns.
Definition and limitations of a Sale agreement? IntroductionA sale agreement is a legal document which is made between the parties to a agreement of sale of any property. This agreement read more
Definition and limitations of a Sale agreement?
Introduction
A sale agreement is a legal document
which is made between the parties to a agreement of sale of any property. This
agreement is essential for creating legal obligations on the parties to perform
their duties as prescribed under the sale agreement.
Contents of the Sale
Agreement
The sale agreement includes information which
is essential to the sale of the property, such as name of both the parties,
description of the property which includes all kinds of information regarding
the property, date of transfer of possession and ownership, the agreed price ,
etc. These descriptions and information are mentioned to build a consensus
among the parties, that they are aware of every fact of the agreement in the
same sense.
Provision
There are certain acts which deal with sale of
property in Indian Legal System. The sale of movable property is governed by
the Sale of Goods Act, 1930 whereas the sale of immovable property is dealt by
the Transfer of Property Act, 1882. In case of immovable property Section 54 of
the Transfer of property act states that if there is a sale of any immovable
property which has worth more than one hundred rupees, then it has to be
registered. Hence these provisions guide the sale agreement and its
enforceability.
Limitations to a Sale
Agreement
If the terms of the agreement are breached or
there is a default in the performance then the limitation period will be governed by
the Limitation Act, 1963. The limitation act enshrines the provisions as; if
there is a suit to be filed for recovery of the advance paid for an agreement,
the limitation period for filing of such suit is three years. Further for a
suit to be filed for specific performance, the limitation period for filing the
suit is 3 years from the date of performance and if the date of performance is
not mentioned then the limitation period will be three years from the
neglecting of the performance.
Conclusion
Hence, it can be concluded that a sale
agreement is legally binding document which contains all the information
regarding sale of any property. This agreement constitutes legal obligations on
the parties to the agreement, which can be enforced through different
authorized legal provisions.
In
India it is considered with importance, for which the stringent framework to
ensure that the process is ethical, transparent and maintain the protection of
each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the
experienced senior
advocates and legal team to be able to guide in
the proper path to meet with their ultimate fairness.
We additionally offer
legal assistance in an extensive spectrum of concerns.
WHETHER MOTHER-IN-LAW CAN FILE DOMESTIC VIOLENCE CASES AGAINST HER OWN DAUGHTER-IN-LAW-Kishan Dutt KalaskarINTRODUCTION: - The families in India are as big as they complicated to asses one by one. The read more
WHETHER MOTHER-IN-LAW CAN FILE DOMESTIC VIOLENCE CASES
AGAINST HER OWN DAUGHTER-IN-LAW
-Kishan
Dutt Kalaskar
INTRODUCTION: - The families in India are as big as they complicated to asses one by
one. The family disputes between are not uncommon. One pertinent legal question
that arises is whether a mother-in-law can file domestic violence cases against
her daughter-in-law. The term “domestic violence”
encompasses physical, emotional, verbal and economic abuse. These blog explores
through the probable chances which is suitable for this situation.
GROUND: - There
are certain circumstances, where the mother-in-law can seek redressal, such as-
·
There are any
bodily harms or injuries.
·
Existence of any
psychological distress or verbal abuse such as, insults, ridicule, humiliation,
or threats etc.
·
If the
mother-in-law is getting deprived from financial resources or property.
PROVISION:
- There are some legal assistances which can be useful
to proceed, which are-
1.
Under Protection
of Women from Domestic Violence Act, 2005 [DV Act] section 2(a), defines “aggrieved
person” as any woman who is, or has
been suffering domestic violence
while she is in a domestic nexus with the abuser.
2.
Also, section 12
of above mentioned Act allows an aggrieved person to present an application to
the magistrate seeking one or more reliefs.
3.
Section 18 of
the DV Act, 2005 provides for protection orders.
4.
Section 19 of the
said Act, 2005 provides for residence orders.
5.
Section 20 of
the above mentioned Act, 2005 provides for monetary reliefs.
6.
Section 22 of
the mentioned Act, 2005 provides for compensation orders.
7.
Also, one can
seek remedy by using constitutional rights such as, article 21, article 14 etc.
CASE LAW: - There
are some important landmark cases which has created aspects towards this topic
such as, in the case of Kusum Lata Sharma
v. State & Anr. (2011) the Supreme Court held that a mother-in-law
could file a complaint against her daughter-in-law, if she is subjected to
domestic violence. Another case is Biju
Sreenilayam v. Raji (2014)in which the High court retaliated that the
mother-in-law could seek relief under the DV Act if there is sufficient
evidence of domestic violence.
CONCLUSION: - The
protection in respect of women from domestic violence Act, 2005, provides a
strong framework for addressing the violence, especially within families. It is
crucial to understand that the law is designed to protect all women, including
mother-in-law from abuse, which also have explained through this brief. It
ensures the steps for the purpose to act as a safeguard towards the well-being
of elderly people as to protect the natural justice.
*****
REMEDIES FOR EMPLOYEES OF MNC COMPANIES IF TERMINATE FORCIBLY-Kishan Dutt Kalaskar INTRODUCTION:-MNC or multinational corporation is also known as multinational enterprises or multinational organizations. read more
REMEDIES FOR EMPLOYEES OF MNC COMPANIES IF TERMINATE FORCIBLY
-Kishan Dutt Kalaskar
INTRODUCTION:-MNC or multinational
corporation is also known as multinational enterprises or multinational
organizations. It is the type of company which conducts through more than one
country and has a central or main office in one country and co-ordinates all
its other additional offices or subsidiaries in other country. MNCs have
advanced strategythat has the target to increase the benefits to the maximum
apex through across the countries. It shares sources such as trademarks,
patent, currency, credits etc. The growth of this also tremendous, they can
also invest in developing economies to gain access to affordable materials and
etc.But alongside of its remarkable positive sides there are number of issues
which has been addressed, out of them one is the forciblytermination of
employmentwhich is also comes under as constructive dismissal.
KEY ASPECTES :-The illegal termination particularly arises
when it is forcibly vested upon the aggrieved employee, specifically when it
occurs in the MNCs, It creates a critical situation where a significant amount
of impact scatters the usual life of an individual worker who works as an
employee of this type of companies. When this type of extinction occurs without
any cause of action or without any given a set period of time or notice (mainly
under 30 or 90 days) and severance, which indicates the
arbitrary dismissal,
discrimination, retaliation which is the ultimate
breach of contract.
In India this type of situation arises when
the employee is forced to resign or is fired against their volition without
above mentioned valid notifications.
PROVISION:- There are several legal stands which can
suffice the urge of justice to the certain point, this laws govern this type of
unlawful conductivity , which are –
1.
The Industrial Employment (standing orders) Act, 1946, is the very well
instance, where it requires the employers to get Govt. certification which
includes, given notice, reasons behind the termination, notification of any
misconducts etc.
2.
Industrial Disputes Act, 1947, makes a compulsory notice which
has to be served 30 to 90 days ahead while terminating employee with payment of
15 dayfor every completion of yearly service.
3.
Where The Delhi shops and Establishment Act, 1954 requires the 30day notice
ahead.
REMEDY :-One can also file police complaint regarding
above type of situation under Section 406 criminal breach of trust, section 420
cheating or also section 499 defamation of IPC, 1860 and many more (Under BNS,
2023 these are section 316, section 318 and section 356).
Also, one can file a complaint with the
ministry of labour and employment.
MEASURES: - The employees should take the adequate
measures to make them aware in respect of their employment under the certain
company or organization which they are working, such as-
·
They have to be aware of their rights regarding employment contract,
·
They need to follow up with the due amounts or if there are any
statutory bonus, also equivalent payment etc.
·
If there any doubt has been arising regarding contract with the company,
contact the HR or their respected employer.
·
Be well versed with the terms and conditions etc.
CONCLUSION: - The employees of MNCs in India has couple of
remedies and legal stands which can be used if there are any situation of
forceful terminations, which have been briefly expressed through this blog.
These remedies are well designed to protect the people from
any unfair or unjust activity, protects the workers well-being and as well as
the society, provides the natural justice.
USUAL TERMS AND CONDITIONS WHICH CAN BE COVERED UNDER MUTUAL DIVORCE PETITION RELATING TO CHILD CUSTODY -Kishan Dutt Kalaskar Introduction:- Mutual divorce is the way or the process where parties read more
USUAL
TERMS AND CONDITIONS WHICH CAN BE COVERED UNDER MUTUAL DIVORCE PETITION
RELATING TO CHILD CUSTODY
-Kishan Dutt Kalaskar
Introduction:-
Mutual divorce is the way or the process where parties to the marriage decides
to end their marriage amicably. In India, during the proceeding of divorces the
settlement of any claims such as, alimony or demands of maintenance or if there
is any child comes from such marriage, it becomes the initial & crucial
point before ending the terms of the marriage. Under Family Laws or any general
Laws provides this type of demands also works as remedies, which works as the
ultimatum for such married couple, which they must maintain. But there are some
scenarios through which the purview of terms and conditions, for adequate
assessment this have to be comprehend including provision, landmark cases etc.
Background:-
In this context, in India where the Hindu Dharma Shastra was in existence,
which considered the solemnization of the marriage a sacred unity, the bonding
which could not ceased unless they met with death. But after this during
colonization, the British has introduced our society with some efficient Laws,
in between which the nation gone through massivechanges which pushed us to the
current era slowly and steadily. The Divorce Act of 1869, or The Hindu Marriage
Act, 1955, also other law such as The Special Marriage Act, 1954, Hindu
Minority and Guardianship Act, 1954 etc.These are the fruits of this changes.
After the amendment of 1976 in the Hindu marriage Act, 1955 the concept of
mutual divorce has been addressed, that was the turning point of the views of
Indian legal system.
Provision:-The
custody of a child can be decided by efficient laws which facilitate the matter
more smoothly and effectively, these are-
1. section
26 of Hindu Marriage Act, 1955, deals with child custody for the both Hindu
parents. Under this the court has the power to make interim orders and provides
provisions for child custody. The court will consider any possibility to uphold
the well-being of the child.
2. Through
section 13B of the mentioned Act after ending the marriage amicably the parents
can decide the custody of their child or asset division and alimony etc.
3. Also,
Indian Divorce Act, 1869, prioritizes the child’s best interests such as,
child’s health, psychological parameter towards parents, educational needs etc.
4. There
are also Guardians and Ward Act, 1890, which directly governs the custody of
child in India.
There are other laws related to this, which are-
·
Section 28 of Special Marriage Act,
1954,
·
Section 32B of Parsi Marriage and
Divorce Act, 1988,
·
Section 10A of Indian Divorce Act,
·
Muslim personal Law etc.
TERMS AND CONDITIONS:- There
are some important concept, such as-
·
Physical custody,
·
Joint custody,
·
Visitation rights,
·
Child supports,
·
Educational expenses, etc.
·
Parental responsibilities such as, daily
care, communications are very crucial regarding child well fare.
·
Also, decision-making such as, legal
custody, or joint decision-making, both parents are responsible for maintain
the child.
CASE LAW:-In
the case of Priyanka Maity (Ghosh) v. Shri Sabyasachi Maity 2012, it was argued
that a mutual divorce petition can addressed even before one year from the date
of marriage. Shri Rajinder Kumar Mishra v. Shrimati Richa 2005, in this case
the court has prioritized the best interest in custody arrangements. Also, in
the case of Rosy Jacob v. Jacob A. Chakramakkal 1973, is the very good of this
and also there are many more examples under this topic.
CONCLUSION :- The
mutualdivorce petition involving child custody has created a parameter, which
has been created just to protect such child who is innocent and has no part in
this chaos. It becomes the duty of the law to suffice the arrangements which is
most important part of the society as a Human.
*****
HOW TO SEEK COUNTERCLAIM IN FAMILY CASES UNDER SECTION 23A OFHMA ACT INTRODUCTION:-In thesociety of India during the proceeding of divorceor judicial separationor facing the restitution of conjugal read more
HOW TO SEEK COUNTERCLAIM IN FAMILY CASES UNDER
SECTION 23A OF
HMA ACT
INTRODUCTION:-In thesociety of India during the proceeding of divorceor judicial separationor facing the restitution of conjugal rights or the settlement of any claims, or alimony or demands of maintenance etc, is a crucial part of this from the initial point. Under Family Laws or any general Laws provides this type of demands as the remedy, which
works as the ultimate financial support, the way to maintain the providence for
either spouse, children whether legitimate or illegitimate, parents and also
those who are dependents etc. But there are some scenarios where this claim can
be counter or vary. Through this purview we will comprehend related provision,
landmark cases etc, for appropriate approach.
BACKGROUND :- In this context, even before any supplementary Acts, in India the
Hindu Dharma Shastra was in existence, It considered the solemnization of the
marriage a sacred unity, the bonding which could not ceased unless they met
with death. After this during colonization, the British has introduced our
society with some FamilyLawssuch as, The Divorce Act of 1869, which introduced us with system of
legality (specially it was enacted for Christians who were settled in India at
that time). TheHindu Marriage Act, 1955 had come into force during this era just
to protect or safeguard the Hindu either gender, who are legally married. Also,
we can find the importance of the Hindu ritual (saptpadi) in respect of
the completion of marriage, which also indicates our tradition, the culture of
the Hindu history. There were other laws such as The Special Marriage Act, 1954
etc. But in history, where the marriage was considered an unbreakable bond, the
British era introduced the society with the concept which facilitate to end
that bonding for either partyof the marriage, if they were not satisfied or
facing any unethical circumstances (cruelty, desertion etc) or anything else.
PROVISION :- For the purpose of this blog, there are number of provisions under
HMA Act, 1955, which provides the way of solemnizing the marriage (valid
marriage under section 5 of the said Act) also ways to end that marriage
(dissolution of marriage under section13, 13Betc,of said Act) also, there are provision for judicial separationsection 10 and restitution of conjugal rights under section 9 of the said Act . But there are some amendments which
provides counter of the claims which has demanded before the judicial authority
during proceeding under above mentioned, which section 23A of the Hindu Marriage Act, 1955 provides. This provision works as-
i.
a relief for the respondent,
in divorce or other proceedings, under such the respondent may oppose the
claim,
ii.
can go for a relief on the
ground of adultery or cruelty performed by petitioner,
iii.
also, can make counter-claim for any relief
under this Act on that ground (above mentioned) and
iv.
if the petitioner’s adultery, cruelty, desertion is proved, the court may give any reliefto the respondent under the
said Act, to which he or she would have been entitled if he or she had
presented a petition seeking in respect of such relief on that ground.
CASE
LAW :- There are many distinct landmark case
laws under which the Supreme Court of India expressed the issues relating to
the amendment of proceedings of divorce and addressed the benchmark of counter-claim under section 23A of the
Hindu Marriage Act, 1955 (HMA), mentioned in the case Nitaben
Dinesh Patel v. Dinesh Dahyabhai Patel (2021). Also, cases like Naveen Kohli
v. Neelu Kohli (2006), where the Supreme Court
decided that the respondent’s situation (physically, psychologically also
economically harassed or abused) had been so perishable that the marriage was
broken and irreparable, there are many more cases etc.
CONCLUSION :- Through the above mentioned brief the concept regarding section 23A
of HMA Act, 1955 has created a basic purview which indicates towards the
advancement which can be provided during any proceedings of dissolution or other proceeding. It addressed the both side of the any case. Also
creates an opportunity for both partiesto be heard by the court,(audi alteram
partem) which facilitates and ensuresthe justice is served.
HOW TO RESTRAIN DAUGHTER-IN-LAW FROM ENTERING THE RESIDENTIAL HOUSE OWNED BY HER PARENT-IN-LAW-Kishan Dutt KalaskarINTRODUCTION: -In India, issues such as Family disputes, particularly those which involves read more
HOW TO RESTRAIN DAUGHTER-IN-LAW FROM ENTERING THE
RESIDENTIAL HOUSE OWNED BY HER PARENT-IN-LAW
-Kishan
Dutt Kalaskar
INTRODUCTION: -In India, issues such as Family disputes, particularly
those which involves property, residence, can be challenging and
psychologically a tedious situation. One such issue is the right of a
daughter-in-law to reside in the house owned by her parents-in-law. This blog
aims to provide a legal prospective on how parents-in-law can restrain their
daughter-in-law from entering their residential property, focusing on relevant
practical steps to follow.
GROUND: -There are some grounds where the parents-in-law can
use for protection for their well-being, which are-
·
They can seek
remedy if they are getting to abandon by their children from their very own
property.
·
They can seek
eviction against the daughter-in-law if they are victim of threat by
daughter-in-law.
·
They can seek remedy if they are the victim
of harassment, psychological distress.
·
If they are the
prey of any physical attacks etc.
·
Also if the
husband does not have any legal right over parents’ self-acquired property they can seek remedy for eviction.
·
The parents can
always forsake such a son and daughter-in-law and tell them to leave their
house and lead their own life in peace.
PROVISION: - There are some Act or necessary legal inputs, which
can provide some protection for these elderly citizens, these are-
1. The maintenance and Welfare of Parents and Senior
citizen Act, 2007 if the presence of daughter-in-law threatens their safety or
well-being.
2.
The Protection
of Women from Domestic Violence Act, 2005 under this the section 2(q) which is
a gender neutral provision under which mother-in-law can file case against
daughter-in-law for domestic violence.
3.
Also there are
important constitutional articles such as, article 21, article 14 etc. This are some
which can help those elderly people who are getting deprived from their healthy
life.
CASE
LAW: - There
are many case laws which provides out of the box concept where the parents can
get providence through legal parameter such as, S.R. Batra v. Taruna Batra (2007), in this case the Supreme Court
ruled that a daughter-in-law does not have the right to live in her in-laws’
self-acquired property if her husband does not have a legal right to it. Also,
same thing we can observe through in the case of Smt. Usha Luthra v. Smt. Shweta Luthra (2022).
CONCLUSION: - By the navigation through this blog the comprehensive
knowledge about the probable situation for restrain of daughter-in-law and the
legal landscape to facilitate the parents at the time where they are vulnerable
or need probable protection or well-being protection and to protect the natural
justice for all regardless of gender and position.
*****
HOW TO AVOID ARREST IN MAINTENANCE CASES INTRODUCTION:- In India, if we identify the maintenance within the purview of legal aspect, it helps to sustain the providence, one of the type read more
HOW TO AVOID ARREST IN
MAINTENANCE CASES
INTRODUCTION:- In India, if we identify the maintenance within the purview of legal aspect, it helps to sustain the providence, one of the type of way to ensure
the financial supports also provides food, clothing, shelter, medical expenses
etc, in respect of the family members, more specifically for the dependent, wive,
child or parents, in some cases the right of maintenance also available for husbands who are incapable of sustain themselves. This
situation mainly occurred during the cases such as, abandonment, divorce or separation etc. The concept of this can be explored within Family Laws also general Laws like Indian Constitution also in criminal Laws etc.
But every providence has their other side like how to ensure it or how it can
be declined to protect the aggrieved party and prevent the unlawful
enrichments.
BACKGROUND :- The root of the maintenance in India had been introduced back in history. In classical Hindu law
the maintenance is the compulsory duty to be maintained by a Hindu for them who
are dependable upon him also including the women member of the joint family.
Under this concept the main role had been performed by the Karta or also known
as the head of the family who is responsible for ensuring this, or if he was
not able to ensured that the aggrieved party could take the legal help. In
Muslim Law, the Quran which is the primary source under this law also provide
for the maintenance also known as “Nafaqah” which means, “an amount spent by a person over
his family”, Also there are many Laws deals with this.
PROVISION :-The term maintenance has been defined under section
3(b) of Hindu
Adoption and maintenance Act,
1956 which less down providence for food, clothing shelter, education, medical
expenses, also section 18 provides for the maintenance of the wife, where also
there is section 19 of above mentioned Act provides maintenance of Hindu
widowed daughter-in- law from father-in-law (unless it can be covered through
estate of husband or her father or mother or her son or daughter, or his or her
estate). Section 20 of the said Act provides maintenance of children (unmarried
daughter and minor son) and aged parents and section 21 of this Act defines
dependent who will receive maintenance from heirs under section 22 of the said
Act. Also, the provisions such as, section 24 of the Hindu Marriage Act, 1955
provides maintenance pendente lite and expenses of proceeding.
The section 25 of Hindu Marriage Act, 1955 less down that either spouse is
entitled to receive his or her maintenance from another spouse gross amount or
monthly amount. Maintenance can be provided under the time not exceeding the
lifetime of the applicant or until the applicant remarries. Other Acts such as,
section 37 of The Special Marriage Act, 1954 provides maintenance, also permanent alimony. There are also other laws such as, Muslim law where
husband have to provide maintenance to wife who is under valid marriage unless
the wife disobeys the husband (if it is not valid), if the disobedience emerge
because of the fault of the husband( such as apply cruelty against her or
taking concubine etc.) then she can proceed for the maintenance, also
maintenance have to be provided to the children( physically impaired legitimate
or illegitimate children even after achieving majority also minor legitimate or
illegitimate children), and maintenance for the aged parents etc. The section
125 of the Code of Criminal Procedure, 1973 also less down the probable remedy
to acquire maintenance (under Bharatiya Nagarik Suraksha Sanhita, 2023 now this
is section 144).
Also,
by ensuring that the payment is not delayed, by appeal and any other remedy,
engagement of the expert legal representatives for best outcome, is the option
which can be used for protection from arrest in respect of any allegations
against the defendant.
Case law:-
There are many landmark cases which has established milestones regarding
maintenance, some of them are Mohammad Ahmed Khan v.
Shah Bano Begum (1985), which less
down that a Muslim woman can proceed under section 125 of CrPC, (1973) for
maintenance until she remarries. Also, there is the case Shantha
v. B.G. Shivananjappa (2005),
the court emphasized that the reason behind the incarceration is to make the
maintenance compulsory, but not in the sense of punishment. Pallavi
Sikri vs Amit Sikri (2013), in
this case the court had not permitted the maintenance to the wife for herself
and her son because she was working before her marriage and not unable to
provide financially.
Conclusion :-
Through the above brief, the basic idea about the
maintenance and the purpose
of imposing this has been addressed and
has been clarified why it has been come
into force just to create the sustainable situation for aggrieved family. Many Honorable courts also has
interpreted this under best way possible (which we have discussed through case
laws previously). The both side where the maintenance can be given and where it
can get denied and arrest regarding this has been ensured through this blog,
which is important to know for addressing correct option for to maintain just
and equitable society, also protects the aggrieved (when the defendant is the
aggrieved party), so there will be no unjust enrichment.


Jaipur, India

New Delhi, India


Pune, India



Kolkata, India
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SECONDS
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
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Solicitations for positive customer reviews.
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Time-sensitive information
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In your request, please provide an explanation of the legitimate business need for a second account.
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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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