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Adoption is a legal process by which an individual or a couple becomes the legal parent(s) of a child who is not biologically their own. In India, adoption is governed by various laws and guidelines to read more
Adoption
is a legal process by which an individual or a couple becomes the legal
parent(s) of a child who is not biologically their own. In India, adoption is
governed by various laws and guidelines to ensure the welfare and protection of
the child.
In
India, child adoption is regulated by the Juvenile Justice (Care and Protection
of Children) Act of 2015, overseen by the Central Adoption Resource Authority
(CARA), a body under the Ministry of Women and Child Development. CARA manages
the national adoption database and accredits and supervises adoption agencies.
Prospective parents must adhere to a multi-step process involving counseling,
home study, and legal procedures to ensure the adoption is in the child's best
interest. Understanding and complying with all regulations and requirements are
crucial for a successful and ethical adoption journey.
While
the concept of child adoption has a historical presence in India, it is gaining
popularity in modern times. In the past, adoption was met with disapproval in
Indian culture, but now it is openly discussed and accepted. Understanding the
process of adopting a child in India is essential for those considering this
option. The decision to adopt can arise from various reasons, such as
infertility or a desire to provide a better life for an orphaned child.
What are the laws
governing adoption in India?
Child adoption in India is primarily regulated by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which replaced the previous 2000 Act. The JJ Act focuses on the care, protection, and rehabilitation of children in need. For Hindus, Buddhists, Jains, and Sikhs, the Hindu Adoption and Maintenance Act (HAMA) of 1956 applies, granting the adopted child the same status as a natural-born child, including inheritance rights. Adoption under HAMA is irreversible. On the other hand, for Muslims, Parsis, Christians, and Jews, the Guardian and Wards Act of 1890 governs adoption, establishing a guardian-ward relationship, but not granting the child full status within the family.
Who can adopt a child
in India?
Under
the Hindu
Adoption and Maintenance Act, 1956 a male and female Hindu can adopt a
child if both are not of minor age and of unsound mind provided they take
consent from their spouse living at that time.
Section-57
of the Juvenile Justice (Care and Protection of Children) Act, 2015,
provides the eligibility criteria of Prospective Adoptive Parents
(PAP’s). Section-57 states that PAP’s should be:
(1)
The
prospective adoptive parents shall be physically fit, financially sound,
mentally alert and highly motivated to adopt a child for providing a good
upbringing to him.
(2)
In
case of a couple, the consent of both the spouses for the adoption shall be
required.
(3)
A
single or divorced person can also adopt, subject to fulfillment of the
criteria and in accordance with the provisions of adoption regulations framed
by the Authority.
(4)
A
single male is not eligible to adopt a girl child.
(5) Any other criteria that
may be specified in the adoption regulations framed by the Authority.
How to adopt a child?
The
adoption process in India is primarily governed by CARA's guidelines,
comprising legal and social procedures to safeguard the child's best interests.
1. The
initial step involves registering with a recognized adoption agency or
orphanage, submitting essential documents.
2. Prospective
parents then undergo a home study, assessing their readiness for adoption.
3. Counseling
sessions follow, offering insights into adoption's challenges and rewards and
addressing the child's emotional needs.
4. Upon
successful screening, an acceptance letter is issued by the adoption agency.
5. Legal
procedures commence to transfer custody, obtaining a court order, birth
certificate, and adoption deed.
6. During
a 6 to 12-month foster care period, the child resides with the prospective
parents, while the agency offers support.
7. The
court reviews a report from the agency before granting the adoption order,
leading to the issuance of a new birth certificate.
8. Post-adoption,
the agency conducts follow-up visits to ensure the child's well-being and
support the adoptive parents.
After Post-adoption there are certain other procedures that are also needed to be done. It is always advised to engage a professional in this regard. For any assistance for the same, you can contact us at +91 9810929455 or mail us at info@soolegal.com.
Can Parents with
children adopt a child?
In India, the adoption process prioritizes the child's best interests above all else. As long as prospective adoptive parents can offer a nurturing and stable environment and fulfill the legal obligations of adoption, they are eligible to adopt. The adoption procedure remains comparable for both parents with and without biological children.
In case there are any queries pertaining
to Adoption, please call us at +91
9810929455 or mail us at info@soolegal.com.
Introduction: Having a spouse who is mentally ill can present unique challenges within a marriage. In such situations, it is essential to understand the legal remedies available to address the issues read more
Introduction:
Having a spouse who is mentally ill can present unique
challenges within a marriage. In such situations, it is essential to understand
the legal remedies available to address the issues arising from the mental
illness. This article aims to provide a comprehensive guide to the legal
options and remedies that can help individuals navigate such circumstances.
·
Seek Professional Evaluation: If you
suspect that your spouse is mentally ill, the first step is to encourage them
to seek professional evaluation from a qualified mental health professional. An
accurate diagnosis is crucial for understanding the specific mental health
condition and determining appropriate treatment options.
·
Mental Health Laws in India: In India,
mental health issues are primarily governed by the Mental Health Act, 2017.
This legislation ensures the rights of individuals with mental illness and
establishes procedures for their treatment and care. Understanding the
provisions of this act can help in addressing the legal aspects of dealing with
a mentally ill spouse.
·
Consent for Treatment: If your spouse's
mental illness requires treatment, obtaining their informed consent is
important. However, if they are unable or unwilling to provide consent, it may
be necessary to explore legal options such as guardianship or involuntary
admission to a psychiatric facility. In such cases, consult with a mental
health professional or legal expert familiar with mental health laws to
understand the specific requirements and procedures.
·
Guardianship and Mental Health Review Boards:
In situations where the mental illness significantly impairs your spouse's
decision-making ability, it may be appropriate to consider applying for
guardianship. Guardianship allows you to make decisions on their behalf,
including matters related to treatment, healthcare, and finances. The Mental
Health Act establishes Mental Health Review Boards that oversee and review such
guardianship arrangements.
·
Domestic Violence Protection: If the
mentally ill spouse engages in abusive behavior, it is crucial to prioritize
personal safety. The Protection of Women from Domestic Violence Act, 2005,
offers protection to married women facing domestic violence, including
psychological abuse. Seek legal advice and explore obtaining protection orders,
such as a Protection Order, Residence Order, or Monetary Relief Order,
depending on the specific circumstances.
·
Divorce or Judicial Separation: In cases
where the mental illness severely affects the marital relationship and there is
no possibility of reconciliation, divorce or judicial separation may be
considered. Mental illness itself is not a ground for divorce under the Hindu
Marriage Act, but if the mental illness results in cruelty or the inability to
fulfill marital obligations, it may be considered as a valid ground for divorce
or judicial separation.
·
Maintenance and Property Rights: In
divorce or judicial separation proceedings, the court may consider the mental
health condition of the spouse when determining maintenance (alimony) and
property division. The court takes into account factors such as the ability to
earn a livelihood, financial needs, and the mental health condition's impact on
the individual's financial independence.
Dealing with a mentally ill spouse can be challenging, and
it is crucial to be aware of the legal remedies available. Seeking professional
evaluation, understanding mental health laws, exploring treatment options,
considering guardianship if necessary, and protecting oneself from domestic
violence are essential steps. In situations where the relationship is no longer
sustainable, divorce or judicial separation may be considered, and maintenance
and property division issues should be addressed through legal proceedings.
Consulting with mental health professionals and legal experts specializing in
family law can provide valuable guidance and support throughout the process.
Disclaimer: This article provides general information
and should not be considered legal advice. Laws regarding mental health and
family matters may vary in different jurisdictions, and it is advisable to
consult with a qualified legal expert to obtain advice specific to your
circumstances.
Sonia and Partners is a Bangalore based boutique law firm
led by Adv. Sonia Rajesh supported by a team of qualified and among the best
lawyers in Bangalore practicing in the area of Family Law and Criminal defence
serving Citizens of India, Overseas Indians, NRIs and Global International
Clients.
Feel free to write to us at mail@lawyersonia.com or call at
+91 9845944896 if you wish to consult or discuss your matter.
Introduction: The rise of online dating has provided people with convenient ways to meet potential partners. However, it has also given rise to various forms of cybercrime, including online scams read more
Introduction:
The rise of online dating has provided people with
convenient ways to meet potential partners. However, it has also given rise to
various forms of cybercrime, including online scams and blackmail. In this
article, we will explore the issue of blackmailing an NRI (Non-Resident Indian)
for money after connecting with an Indian girl on a dating website. We will
discuss the nature of the crime, its legal implications, and steps individuals
can take to protect themselves.
Understanding the Crime:
Blackmailing is a serious offense that involves using
threats or coercion to obtain money, property, or other valuable items from a
victim. In the context of online dating, scammers may create fake profiles to
establish romantic relationships with unsuspecting individuals, often targeting
NRIs who may be perceived as having greater financial resources.
The Scam Process:
·
Creating a Fake Profile: Scammers create
attractive profiles on dating websites, often using stolen photographs and
false information to deceive their targets.
·
Building a Relationship: The scammer
invests time and effort to build an emotional connection with the NRI, gaining
their trust and establishing a seemingly genuine relationship.
·
Revealing Personal Information: Once
trust is established, the scammer may convince the NRI to share personal or
compromising information, such as explicit photos or private conversations.
·
Threats and Blackmail: The scammer then
threatens to expose the personal information or images unless the NRI pays a
significant sum of money. They may also manipulate the victim by creating a
sense of urgency, claiming emergencies or fabricated stories to justify the
demand for funds.
Legal Implications:
Extortion: Blackmailing for money is a form of
extortion, which is a criminal offense punishable under various sections of the
Indian Penal Code (IPC), such as Section 383 (Extortion), Section 384
(Punishment for extortion), and Section 387 (Putting person in fear of death or
of grievous hurt, in order to commit extortion).
Cybercrime: Blackmailing someone online falls under
the umbrella of cybercrime. In India, the Information Technology Act, 2000,
deals with offenses related to cybercrime, including hacking, identity theft,
and online fraud.
Protecting Yourself:
·
Exercise Caution: Be vigilant and
skeptical when interacting with individuals online. Avoid sharing personal or
sensitive information unless you have established a genuine and trustworthy
connection.
·
Verify Profiles: Take time to verify the
authenticity of the person's profile. Perform reverse image searches to check
if their profile picture appears elsewhere online. Look for inconsistencies or
red flags in their conversations.
·
Guard Personal Information: Refrain from
sharing explicit or compromising photos/videos, financial details, or any other
sensitive information that can be used against you.
·
Report the Scam: If you become a victim
of blackmail or online fraud, report the incident immediately to your local
police station and file a complaint with the Cyber Crime Cell. Provide as much
evidence as possible, such as chat records, emails, or any other communication
that can help in the investigation.
Blackmailing an NRI for money after connecting on a dating
website is a distressing crime that takes advantage of individuals seeking
companionship. It is crucial to be aware of the risks associated with online
dating and take necessary precautions to protect yourself. By staying vigilant,
verifying profiles, and promptly reporting any suspicious activity, you can
contribute to combating online scams and ensuring a safer digital environment.
Note: This article provides general information and
should not be considered legal advice. If you have been a victim of a crime, it
is recommended to consult with a qualified legal professional who can provide
personalized guidance based on your specific circumstances.
Sonia and Partners is a Bangalore based boutique law firm
led by Adv. Sonia Rajesh supported by a team of qualified and among the best
lawyers in Bangalore practicing in the area of Family Law and Criminal defence
serving Citizens of India, Overseas Indians, NRIs and Global International
Clients.
Feel free to write to us at mail@lawyersonia.com or call at
+91 9845944896 if you wish to consult or discuss your matter.
In India, breaking an engagement or calling off a marriage can have legal implications depending on the circumstances and the actions taken by the parties involved. It's important to note that marriage read more
In India, breaking an engagement or calling off a marriage
can have legal implications depending on the circumstances and the actions
taken by the parties involved. It's important to note that marriage laws in
India are governed by personal laws based on religion, and there may be
variations in legal implications across different religious communities.
1.
Breach of Promise to Marry: Under Indian law,
there is no specific legal provision for breach of promise to marry or breaking
an engagement. Unlike some other countries, Indian law does not generally
recognize a legal claim for damages based solely on a broken engagement.
2.
Civil Remedies: In certain cases, a person may
file a civil lawsuit seeking compensation for mental agony, emotional distress,
or financial losses incurred due to the broken engagement. However, to succeed
in such a claim, the person would need to establish that there was a legally
binding agreement to marry, that the other party willfully and without
reasonable cause broke the engagement, and that the person suffered
quantifiable harm as a result.
3.
Dowry-related Cases: In situations where the
engagement was accompanied by the exchange of dowry, the legal implications can
be more serious. If the engagement is called off due to dowry demands or
related issues, the affected party or their family may pursue legal action
under the Dowry Prohibition Act, which prohibits the giving or taking of dowry.
This can lead to criminal charges against the other party and their family.
4.
Mutual Consent: If both parties mutually agree
to call off the engagement, it is generally easier to resolve the matter
without legal consequences. However, it is advisable to document the mutual
consent in writing, which can serve as evidence if any disputes arise in the
future.
5.
Social Consequences: Breaking an engagement or
calling off a marriage can have significant social implications in India, where
marriage is considered a sacred institution. The individuals involved may face
societal stigma, damaged reputations, and strained relationships with family
and friends. Its also observed that the relatives from the Groom’s side or that
of the bride’s side engage in levelling false allegations and derogatory
comments. In such event one can institute a criminal complaint and press
charges of defamation.
It's essential to consult with a qualified lawyer who
specializes in family law to get accurate and up-to-date legal advice tailored
to your specific situation. They can provide guidance based on the relevant personal
laws and help navigate the potential legal implications in your case.
Please note that this information is not exhaustive, and there may be additional factors and complexities to consider depending on the specific circumstances and applicable personal laws.
Sonia and Partners is a Bangalore based Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
Feel free to write to us at mail@lawyersonia.com or call at
+91 9845944896 if you wish to consult or discuss your matter.
Introduction Prostitution, often regarded as the world's oldest profession, has long been a subject of debate and controversy. In the Indian context, the legal status of prostitution is complex and nuanced, read more
Introduction
Prostitution,
often regarded as the world's oldest profession, has long been a subject of
debate and controversy. In the Indian context, the legal status of prostitution
is complex and nuanced, reflecting the country's evolving social and cultural
landscape. This article aims to shed light on the legality of prostitution in
India, examining the legal framework surrounding it while considering the
broader societal implications.
History
Prostitution
in India has a long and intricate history, dating back to ancient times. It is
believed to have existed during the Mughal era, where women were often used by
kings and ministers for their pleasure. The practice continued during British
colonial rule when women were treated as objects solely for sexual purposes. Over
time, this exploitative pattern extended to the heirs of these women,
perpetuating a cycle of sex work. Even women dedicated as devadasis in temples
were subjected to sexual exploitation.
As
poverty prevailed, many women resorted to prostitution as a means of earning a
livelihood. Desperate for money, they saw it as the easiest option available.
Tragically, this led to instances where men even sold their wives and children
for sex or monetary gain, resulting in the emergence of human trafficking.
Brothels became prevalent, with either men or women acting as owners and
overseeing a group of girls who would entice men into engaging in sexual acts.
During
this era, there was a severe lack of awareness about sexual health and
contraceptives. Women were often forced to engage in unprotected sex, leading
to unplanned pregnancies and a higher risk of sexually transmitted infections.
The absence of proper sexual education contributed to the perpetuation of
exploitative practices and the suffering of sex workers.
The grim consequences of such circumstances were not limited to adults. Shockingly, even children as young as six years old were trafficked and forced into the sex industry. This abhorrent exploitation created an environment where red light areas flourished, particularly in the northern parts of India.
What is Prostitution as
per Indian Law?
As per the Immoral Traffic (Prevention) Act, 1956, prostitution is defined under Section-2(f) as, “means the sexual exploitation or abuse of persons for commercial purpose, and the expression “prostitute” shall be construed accordingly”
Is Prostitution legal
in India?
The Answer to this question shall be both “Yes and “No”. As per Indian laws, a sex-worker is free to practice prostitution but there are certain activities that are considered illegal such as soliciting prostitution, running brothels, pimping etc. Section-3 of the Immoral Traffic (Prevention) Act, 1956 punishes the afore-mentioned offences. The Indian Penal Code, 1860 also punishes prostitution but is only restricted towards minor girls.
What is the Hon’ble Supreme
Court’s Opinion about the subject?
The
Indian judiciary has played a crucial role in shaping the discourse surrounding
prostitution. In 2011, the Supreme Court of India issued a landmark judgment in
the case of Budhadev Karmaskar (1) v. State of W.B., (2011) 11 SCC 538,
recognizing sex work as a legitimate means of livelihood. The court emphasized
the need for a more comprehensive approach, urging the government to consider
regulating the trade instead of criminalizing it.
Also,
recently the Hon’ble Apex in Budhadev Karmaskar v. State of W.B., 2022
SCC OnLine SC 704 has in its order dated 19.05.2022, recognized sex
work as a legitimate profession and emphasized that sex workers are entitled to
dignity and equal protection under the law. The apex court made it clear that
engaging in voluntary sex work is not illegal. Furthermore, the court issued
noteworthy guidelines aimed at safeguarding the rights and well-being of sex
workers.
The court's guidelines underscored the importance of taking complaints from sex workers seriously and ensuring that law enforcement agencies act in accordance with the law. They emphasized that during brothel raids, sex workers should not be subjected to arrest, and no child of a sex worker should be separated from their mother solely on the grounds of her involvement in the sex trade. The court also emphasized that the police should treat all sex workers with respect, refraining from any form of abuse or mistreatment.
The legality of prostitution in India is a complex and evolving issue. While prostitution itself is not explicitly illegal, various activities surrounding it are prohibited under the Immoral Traffic (Prevention) Act, 1956. The legal framework aims to combat exploitation, but its effectiveness in protecting the rights and well-being of sex workers remains debatable. As discussions around the decriminalization and regulation of prostitution gain traction globally, India faces the challenge of striking a balance between addressing the concerns of public morality and safeguarding the rights of those engaged in the trade. India's legal stance on prostitution also intersects with international debates. The United Nations has been advocating for the decriminalization of prostitution as a means to protect the human rights of sex workers. Some argue that adopting a legal framework similar to countries like Germany and the Netherlands, where prostitution is regulated and sex workers enjoy legal protections, could be a way forward for India.
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.
1. File your income tax return: Ensure that you have filed your income tax return for the relevant assessment year. You can file your return online through the Income Tax Department's read more
1.
File your income tax return: Ensure that you have filed your income
tax return for the relevant assessment year. You can file your return online
through the Income Tax Department's official website
(https://www.incometax.gov.in/iec/foportal/),
2.
Verify your return: After filing your return, you need to
verify it. There are several ways to verify your return, such as electronic
verification through Aadhaar OTP, net banking, or by sending a physical copy of
the ITR-V to the Centralized Processing Center (CPC) in Bengaluru within 120
days of e-filing.
3.
Wait for processing: Once your return is filed and verified,
it will go through a processing stage by the Income Tax Department. They will
review your return, validate the information provided, and calculate the refund
amount, if applicable.
4.
Intimation of processing: After the processing is complete, the
Income Tax Department will issue intimation under Section 143(1) of the Income
Tax Act. This intimation will contain details of your income, deductions, tax
liability, and any refund due to you.
5.
Respond to any discrepancies: If you receive an intimation and there
are any discrepancies or errors in the calculation of your refund, you need to
respond within the specified timeframe. You can either agree with the
intimation or file a rectification request if corrections are required.
6.
Provide bank account details: If your refund amount is determined and
there are no discrepancies, you will need to provide your bank account details
for the refund to be credited. The Income Tax Department encourages taxpayers
to link their PAN (Permanent Account Number) with their bank account to
facilitate direct credit of the refund.
7.
Track your refund: You can track the status of your refund
by visiting the Income Tax Department's website and using the
"Refund/Demand Status" option. Alternatively, you can also call the
Income Tax Department's helpline for assistance in tracking your refund.
8.
Receive the refund: Once the refund is processed, the
Income Tax Department will transfer the refund amount directly to your bank account.
You will receive an SMS or email notification regarding the credit.
It's important to note that the process and
timelines for income tax refunds in India may be subject to change. Stay
updated with the latest guidelines and procedures by referring to the Income
Tax Department's website or consulting a tax professional for accurate and
up-to-date information. For more information, please contact us at
+91 9810929455 or via email at info@soolegal.com.
When dealing with relatives engaging in harmful gossip, seeking legal help may not be the most appropriate course of action, but a possible option based on the severity of pain you are going through. read more
When dealing with relatives engaging in harmful gossip,
seeking legal help may not be the most appropriate course of action, but a
possible option based on the severity of pain you are going through. Legal
remedies are typically reserved for situations involving defamation,
harassment, or other forms of actionable misconduct. Gossip, while hurtful and
unpleasant, may not meet the legal threshold for such claims unless the
situation is turned extremely negative and such interference is damaging your relationship
with your spouse or parents.
Defamation is a legal term that refers to the act of making
false statements about someone that harm their reputation. Whether gossiping
about an NRI (Non-Resident Indian) son-in-law by relatives of his wife amounts
to defamation would depend on the specific circumstances and the nature of the
statements being made.
To constitute defamation, the statements must typically be
false and communicated to a third party, resulting in harm to the individual's
reputation. Additionally, the statement must be a factual assertion rather than
an opinion.
If the relatives are spreading false information about the
NRI son-in-law that damages his reputation and can be proven to be untrue, it
may potentially qualify as defamation. However, if the statements are merely
opinions or subjective judgments that do not present false facts, it may not
meet the criteria for defamation.
How to deal with relatives who gossip
1.
Maintain Open Communication:
Have an open and honest conversation with
your spouse or immediate family members about the gossip. Express your concerns
and discuss how it is affecting you emotionally. Establish a united front and
support each other in dealing with the gossip.
2.
Set Boundaries:
Establish clear boundaries with the relatives
who engage in gossip. Let them know that such behaviour is unacceptable and
that you expect respect and civility in your interactions. Politely but firmly
address the issue whenever it arises, and redirect the conversation to more
positive or neutral topics.
3.
Limit Contact:
If the gossip persists and becomes
unbearable, consider reducing or limiting contact with the individuals
involved. This may involve minimizing interactions at family gatherings or
events where the gossip tends to occur. Focus on spending time with supportive
family members who respect your boundaries.
4.
Rise Above the Gossip:
Do not engage in gossip or respond with
negative remarks. Instead, maintain your composure and rise above the
situation. Project confidence and dignity, showing that you are not affected by
the rumours or gossip being spread.
5.
Focus on Positivity:
Shift your attention to positive aspects of
your life and relationships. Surround yourself with supportive friends and
family who value and appreciate you. Engage in activities that bring you joy
and fulfilment, maintaining a sense of self-worth separate from the gossip.
6.
Seek Support:
Lean on your immediate family, close friends,
or a support group for emotional support. Sharing your feelings with trusted
individuals can provide validation and help you navigate the challenges caused
by the gossip. Consider seeking professional counselling or therapy to work
through any emotional distress.
7.
Preserve Privacy:
Be cautious about sharing personal
information or details of your life with individuals who engage in gossip. Keep
personal matters private and share only with those who have earned your trust.
Protecting your privacy can limit the ammunition available for gossip and
maintain a sense of control over your own narrative.
8.
Focus on Building Strong Relationships:
Invest your time and energy in nurturing
healthy and supportive relationships with family members who respect and
appreciate you and your contributions. Strengthen these connections by engaging
in positive and meaningful interactions, fostering a sense of belonging and
mutual respect.
Remember, you cannot control the actions or
opinions of others, but you can control how you respond to them. By setting
boundaries, focusing on positive relationships, and prioritizing your emotional
well-being, you can effectively navigate the challenges of dealing with relatives
who engage in gossip.
Feel free to write to us at mail@lawyersonia.com or call +91
9845944896 if you wish to consult or discuss your matter. “Sonia and Partners”
is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of
qualified and among the Best Lawyers in Bangalore practicing in the area of
Family Law and Criminal defence serving Citizens of India, Overseas Indians,
NRIs and Global International Clients.
Dealing with toxic in-laws can be a challenging and emotionally draining experience. While the role of a lawyer may not directly address the interpersonal dynamics, they can provide legal guidance and read more
Dealing with toxic in-laws can be a challenging and
emotionally draining experience. While the role of a lawyer may not directly
address the interpersonal dynamics, they can provide legal guidance and support
in managing the situation. Here are some ways a lawyer can help when dealing
with toxic in-laws:
1.
Legal Advice:
A lawyer can provide legal advice tailored to
your specific circumstances. They can help you understand your rights and
responsibilities, as well as the available legal options to protect yourself
and maintain your well-being in the face of toxic behavior.
2.
Setting Boundaries:
Your lawyer can assist you in establishing
clear boundaries with your toxic in-laws. This may involve drafting legal
documents such as cease and desist letters or restraining orders, which
communicate your desire for minimal contact and define the consequences for
crossing those boundaries.
3.
Restraining Orders and Legal Protection:
If the toxic behavior escalates to
harassment, threats, or physical harm, a lawyer can guide you through the
process of obtaining a restraining order. They can help gather evidence, file
the necessary documents, and represent your interests in court to ensure your
safety and protection.
4.
Mediation and Conflict Resolution:
In some cases, mediation can be a useful tool
to address conflicts and improve communication between you and your in-laws.
Your lawyer can act as a mediator or recommend qualified mediators who
specialize in family disputes. Mediation can provide a structured platform for
discussing issues, finding common ground, and establishing healthier boundaries
moving forward.
5.
Support in Family Law Proceedings:
If the toxic behavior is impacting your
family or spousal relationships, your lawyer can provide support in family law
proceedings. They can help navigate issues such as divorce, child custody, and
visitation arrangements, ensuring that your interests and the well-being of
your children are protected.
6.
Documentation and Evidence:
A lawyer can guide you on the importance of
documenting instances of toxic behavior. Keeping records of incidents,
communication, and any relevant evidence can strengthen your case should legal
action become necessary. Your lawyer can advise you on what constitutes
relevant evidence and how to effectively document it.
7.
Referrals to Support Services:
A lawyer who specializes in family law and
has experience dealing with toxic family dynamics may have valuable connections
to support services, such as therapists, counselors, or support groups. They
can provide referrals to these resources, which can offer emotional support and
help you navigate the challenges associated with toxic in-laws.
It's important to remember that while a lawyer can provide
legal support, resolving interpersonal conflicts with toxic in-laws may require
additional strategies, such as setting personal boundaries, seeking therapy, or
engaging in self-care practices. Working in conjunction with a lawyer and other
appropriate professionals can provide a comprehensive approach to dealing with
toxic in-laws and creating a healthier environment for yourself and your
family.
Feel free to write to us at mail@lawyersonia.com or call +91
9845944896 if you wish to consult or discuss your matter. “Sonia and Partners”
is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of
qualified and among the Best Lawyers in Bangalore practicing in the area of
Family Law and Criminal defence serving Citizens of India, Overseas Indians,
NRIs and Global International Clients.
When disputes arise between couples, the involvement of extended family members can sometimes exacerbate the situation, leading to additional stress and complications. In this blog post, we delve into read more
When disputes arise between couples, the involvement of
extended family members can sometimes exacerbate the situation, leading to
additional stress and complications. In this blog post, we delve into the often-overlooked
issue of families escalating disputes between couples. We explore the impact it
has on relationships, the individuals involved, and strategies for addressing
and mitigating these challenges.
1.
Understanding the Role of Families:
Families play a significant role in the lives
of couples, and their involvement can influence the dynamics of a relationship.
However, when families escalate disputes, it can intensify conflicts and create
additional emotional turmoil for the couple.
2.
Cultural and Social Factors:
In many cultures, extended families have a
strong influence on the decisions and actions of couples. Cultural and social
expectations, combined with the desire to protect their own interests, can lead
families to intervene in disputes, often with unintended consequences.
3.
Emotional Strain on the Couple:
When families escalate disputes, it places
additional strain on the couple. The pressure to take sides, emotional
manipulation, or interference in personal matters can lead to heightened
stress, anxiety, and a breakdown in communication between the partners.
4.
Erosion of Trust and Autonomy:
Interference from families can erode trust
between partners and undermine their sense of autonomy within the relationship.
This can lead to feelings of resentment, power imbalances, and a loss of
control over decision-making processes.
5.
Impact on Children:
When disputes are escalated by families,
children within the family unit may also be affected. Witnessing conflicts
between their parents and extended family members can cause emotional distress,
confusion, and long-term psychological impact on the children's well-being.
6.
Communication Breakdown:
Escalation of disputes by families can hinder
effective communication between partners. It becomes increasingly challenging
for the couple to address the root causes of their disagreements and work
towards resolution when external influences are perpetuating conflicts.
7.
Strategies for Mitigation:
a.
Open Dialogue: Encourage open and
honest communication between partners to establish boundaries and jointly
address family interference.
b.
Seek Professional Help: Consider
seeking professional guidance from counsellors or therapists who specialize in
family dynamics and conflict resolution.
c.
Mediation: Engaging in mediation
sessions with a neutral third party can help facilitate constructive
conversations and find common ground.
d.
Education and Awareness: Educate
family members about the impact of their involvement in escalating disputes and
encourage empathy and understanding.
e.
Assertive Communication: Develop
assertive communication skills to express concerns, set boundaries, and address
conflicts constructively with family members.
Unmasking the hidden scars caused by families who escalate
disputes between couples’ sheds light on an often-unaddressed issue within
relationships. Recognizing the impact on the couple, their children, and the
overall dynamics is the first step towards finding resolutions. By fostering
open communication, seeking professional guidance, and promoting awareness,
couples can navigate the challenges posed by family interference, working
towards healthier relationships built on trust, autonomy, and mutual understanding.
Feel free to write to us at mail@lawyersonia.com or call +91
9845944896 if you wish to consult or discuss your matter. “Sonia and Partners”
is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of
qualified and among the Best Lawyers in Bangalore practicing in the area of
Family Law and Criminal defence serving Citizens of India, Overseas Indians,
NRIs and Global International Clients.
Child custody matters involving an NRI father can be complex, especially when access rights are restrained in India. While it is important to consult with a lawyer who specializes in family law and has read more
Child custody matters involving an NRI father can be
complex, especially when access rights are restrained in India. While it is
important to consult with a lawyer who specializes in family law and has
expertise in cross-border cases, the following information provides a general
understanding of the rights and considerations for an NRI father in such
situations:
It’s a well settled principle of law that “Welfare of The
Child Is of Paramount Consideration” Such was held in the matter of “Sheoli
Hati v. Somnath Das” and also in “Saraswatibai Shripad Vad v. Shripad
Vasanji Vad”
·
Legal Rights:
As an NRI father, you have the legal right to
seek custody and access to your child in India. The Indian legal system
recognizes the importance of the child's best interests and aims to ensure the
involvement of both parents in their upbringing, unless there are specific
circumstances that may deem it unfit.
·
Parental Responsibility and Child's Best
Interests:
Courts in India prioritize the best interests
of the child when determining custody and visitation arrangements. Factors such
as the child's age, health, education, and overall well-being are taken into
account. As an NRI father, you need to demonstrate your commitment and ability
to provide a nurturing and supportive environment for your child.
·
Custody Arrangements:
There are different types of custody
arrangements, including sole custody, joint custody, or visitation rights. The
court will consider the specific circumstances of the case and the child's
needs when determining the most suitable custody arrangement. It is crucial to
present a compelling case and provide evidence of your involvement in your
child's life and your ability to meet their needs.
·
Seeking Legal Representation:
Engaging the services of a competent lawyer
with expertise in family law and cross-border issues is crucial. They can guide
you through the legal proceedings, assist in gathering evidence to support your
case, and ensure that your rights as an NRI father are protected.
·
Mediation and Alternative Dispute Resolution:
In some cases, mediation or alternative
dispute resolution methods may be considered to reach an amicable resolution
regarding custody and access rights. Mediation provides an opportunity for parents
to discuss and negotiate a mutually agreeable arrangement under the guidance of
a neutral third party.
·
Enforcement of Visitation Orders:
If access rights granted by the court are
being denied or violated, legal remedies are available to enforce visitation
orders. It is important to document instances of denial or violation and seek
legal recourse to ensure compliance.
·
International Laws and Treaties:
Cross-border custody cases involve the
application of international laws and treaties. The Hague Convention on the
Civil Aspects of International Child Abduction is one such treaty that
addresses child custody and abduction issues across borders. Familiarize
yourself with relevant laws and seek legal advice on how they apply to your
specific situation.
With about two decades of my practice in the family matters,
I bring this compilation of 10 landmark judgements that swayed the custody and
visitation rights to the father keeping in mind the welfare of child as a
paramount consideration.
1. Yashita
Sahu vs State of Rajasthan
2. Amyra
Dwivedi vs Abhinav Dwivedi and Anr.
3. Gayatri
Bajaj vs Jiten Bhalla
4. Gaurav
Nagpal vs Sumedha Nagpal
5. Motira
Ganguli vs Jayant Ganguli
6. Hoshiam
Shavaksha Dolikuka vs Thirty Hoshie Dolikuka
7. Soumitra
Kumar Nahar vs Parul Nahar
8. Kumar
V Jahgirdar vs Chethana Ramatheertha
9. Mohan
Kumar Rayana vs Komal Mohan Rayana
10. Jyoti
Priya vs Paul Goodwin
The Following principles are laid down by the Apex Court in
the matter of “Jyoti Priya vs Paul Goodwin” relaying on the above
matters summarized as follows :
“ …. The Following Legal Principles have been enunciated in
various cases before the Apex Court and the other high courts and shall serve
as guidelines for interim custody orders by the Family Courts:
·
The Separation of Minor from the parent during
the pendency of the case is detrimental to the welfare of the child.
·
Notwithstanding allegations made by either
party, interim custody applications must be decided on sole basis of the
welfare of the child
·
There exists no indefeasible right to deny
custody of either parent of the minor.
·
Whenever such interim custody applications are
filed, the respective family courts must dispose of such cases within a
reasonable time period not more than thirty days”
With the above landmark judgments, its is very clear that a
child has a right to the affection of both his parents and the family court
shall ensure that custody and visitation rights are granted in such a manner.
It is important to note that child custody laws and
practices can vary depending on the specific circumstances of the case and the
jurisdiction involved. Consulting with a qualified lawyer who specializes in
family law and cross-border cases is essential to understand your rights,
navigate the legal system, and seek the best possible outcome for you and your
child.
Feel free to write to us at mail@lawyersonia.com or call +91
9845944896 if you wish to consult or discuss your matter. “Sonia and Partners”
is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of
qualified and among the Best Lawyers in Bangalore practicing in the area of
Family Law and Criminal defence serving Citizens of India, Overseas Indians,
NRIs and Global International Clients.
Altusried, Germany
Navi Mumbai, India
Asansol, India
Guwahati, India
Gurugram, India
DAYS
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The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
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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