Irretrievable Breakdown of Marriage
Marriage and divorce in India are governed by the personal laws of different communities such as Hindu Marriage Act, 1955 (“HMA”), The Dissolution of Muslim Marriage Act, 1939, Special Marriage Act, 1954, the Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936 etc. There are times, when the marriage between the parties stands such...
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A Norm of Initiating Package of Cases
Rajan v. The State of Madhya Pradesh [1] Hon’ble Justice Vivek Rusia observed as under: “Nowadays the very purpose of the insertion of Section 498-A in the Penal Code, 1860 with the object to punish the husband or his relatives, has been defined. In most of the cases, this section is being misused as observed by...
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Maintenance to Wife
There are numerous laws applying to matters pertaining to maintenance and such jurisdiction is assumed by the Family Courts under the Family Courts Act, 1984. The laws governing maintenance are as under: Code of Criminal Procedure, 1973. Family Courts Act, 1984. Hindu Adoptions And Maintenance Act, 1956. Protection of Women From Domestic Violence Act, 2005...
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Settlement in Divorce by Mutual Consent
Section 13 B of the Hindu Marriage Act, 1955, provides for divorce by mutual consent, wherein both the parties present a joint petition before the Court, expressing their intention to end their marital ties. Usually, a settlement agreement or mediation report is being made, consisting of terms on which the parties agree, which usually consists...
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Plight of Matrimonial Disputes in India
Matrimonial disputes are the most contested and debated matters which dwells between the question of what is right and what is the law. It is not uncommon that husband or wife initiates false / counterblast proceedings, package of cases such as under Hindu Marriage Act, 1955, Code of Criminal Procedure, 1973, Protection of Women From...
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Claim of Juvenility in Criminal Proceedings
The Juvenile Justice (Care and Protection of Children) Act, 2015 (“Act”) has been in effect from 13.12.2015. Amongst its substantial provisions is Section 15 and Section 18, wherein vide Section 15 of the Act, if a crime is committed by a juvenile who has completed or is above 16 years of age, a preliminary assessment...
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Fundamental Rights & Public Interest Litigation (PIL)
Fundamental Rights & Public Interest Litigation (PIL) What Are Fundamental Rights? Fundamental Rights are the basic human rights guaranteed to every citizen of India by the Constitution. They protect individual dignity, equality, and freedom and cannot be taken away by the government without lawful authority. If these rights are violated, a citizen can approach the...
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Criminal Law
Criminal Law What Is Criminal Law? Criminal law deals with acts that are considered offences against society or the state, not just against an individual. When someone breaks a criminal law, the state prosecutes them. If found guilty, the punishment can include imprisonment, fines, or both. In India, criminal matters are primarily governed by the...
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Service Law & Labour Law
Service Law & Labour Law What Is Service Law? Service Law covers the rules and regulations that govern employment in government and public sector organisations. It deals with matters such as recruitment, appointments, promotions, pay, disciplinary proceedings, transfers, regularisation of service, and termination of employment. Government employees who feel they have been unfairly treated can...
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