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Showing posts from April, 2023

What Is Age Related New Law For Court Marriage?

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The Supreme Court recently noted that it is difficult to arrive at a "straitjacket formula on marriageable age of girls to fit every case" in the wake of a significant number of girls choosing to wed before the stipulated legal age, and experts feel that the complicated issue needs to be addressed quickly. The Supreme Court made its statement in response to a complaint from the National Commission for Women (NCW) regarding decisions by the Delhi High Court and the Andhra Pradesh High Court that permitted young women to remain married because they admitted that they had eloped voluntarily with their beaus. The truth of our day has been established by the Supreme Court. Many young ladies voluntarily elope with their boyfriends. Nina P. Nayak, a member of the National Commission for the Protection of Child Rights, claims that many of them are obstinate and unwilling to go back to their parents' homes (NCPCR). Statistics made available by the NCPCR show that youn...

Why Do We Need A Lawyer For Unsuccessful Suicide Attempt ?

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Suicide is a serious problem for both emotional and mental health requiring both mental and emotional support from friends and family. There are various factors which could lead a person to the edge where he believes that he has no other option than to commit suicide. The suicide rates in India have increased exponentially since the pandemic, as people have faced various losses including losing their jobs and were struck at their homes alone for months  leading to various psychological and emotional factors which resulted in the feeling of hopelessness, therefore ncreasing the risk of people committing suicide. Reasons for suicide:- Various reasons are there which could ultimately compel a person to take his/her life. There could be some life circumstances or mental health issues which may play a vital role in forcing a person to choose death rather than facing the miseries. Some of these reasons could be- Depression Bipolar disorder Psychosis Hopelessness...

What Is The Process To Send Legal Notice To Tenant To Vacate The Rental Office Property ?

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The common problem which is faced by the landlords, nowadays, when renting their property is evicting their tenants. Both the tenant as well as the landlord are responsible as to how their situation is sorted out. Either they could  handle their problem peacefully or the issue between them could turn into a complete ruckus. When asking the tenant to vacate the premises which was rented out will be a valid demand on the part of the landlord as the house or the property rented is under his ownership as has been provided by the law. The tenant will have to  be informed by an eviction notice explaining the intention of the owner to vacate the premises before the actual date, such period must be equal to or should be more than 30 days. During the period in between the tenant can look for another property, thus he could vacate the premises as required by the landlord.  Notice To Tenant To Vacate is a necessity,  as it could provide information as to on what date the...

Where To Apply For Bail In False Sc/St Case?

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In National Campaign for Dalit Human Rights v. Union of India, (2017) 2 SCC 432, it was determined that untouchability is no longer practiced and that Article 17 of the Constitution forbids it in all forms. Any impairment that results from being untouchable in accordance with Article 17 must be enforced, which is illegal and subject to legal penalties. The Untouchability (Offenses) Act, 1955 was passed by the Parliament in order to give Article 17 its full legal and moral meaning. According to Sections 3 to 7 of the aforementioned Act, it was unlawful to impose any form of disability—religious, social, or otherwise—on the basis of untouchability. The Scheduled Castes and Scheduled Tribes continue to be vulnerable in spite of several efforts to better their socioeconomic circumstances. A few of their civil rights are denied. Many offenses, indignities, humiliations, and harassment are perpetrated against them. They have been brutally robbed of their lives and possessions in...

Denial Of Wife’s Rights By The Citizen Of Uae Could Be Grounds For Divorce ?

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A marriage will not survive unless both p;erties to the marriage are willing to give all what it takes to continue their marriage. When a marriage breaks down, it will not only bring emotional breakdown, however would also attract legal process. For information on the legal process involved, you are advised to seek guidance from family lawyers in Mumbai or your city.  Why is Divorcing a Foreign National Troublesome? Divorce is not a simple procedure which could be easily followed by everyone. But when the matter involves divorcing a foreign spouse, the trauma would be twofold. The reasons behind such difficulty have been enunciated below:  People do not know whether an immigration lawyer in Delhi will be able to deal with the matter in India, or in a foreign court. Also there could be a confusion on whether an immigration lawyer in Ahmedabad is the same as that on a foreign land where the other spouse of the applicant  resides, or where the marriage was sole...

What To Do When False Fir Has Been Filed Against Me ?

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 First Information Report also known as FIR for short, is the first document which is prepared in a criminal proceeding as mentioned under Section 154(1) of the Code of Criminal Procedure, 1973 . FIR is a written document about the commission of a cognizable offense which has been provided to the police by the victim or any other person who has information about the commission of a cognizable offense. FIR could only be lodged in case of cognizable offenses which have been defined under Section 2(c) of the CrPC and the list of such offenses has been laid down under Schedule I of the CrPC. Remedies against a false FIR. The victim has been given certain remedies so that they can pursue the proper legal action against the person who filed a fraudulent police report. Remedy before an arrest is made :- The victim against whom false FIR has been filed can apply for bail before the Sessions Court or  High Court as per Section 438 of the Code of Criminal Procedure, 1973, befor...

How Can I Prove False Allegations By My Wife In Family Court?

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Knowing how to defend yourself against false charges is crucial since being wrongly accused can result in serious consequences, such as losing your job. Many of us think that the truth will always win out in the court system. Yet this isn't always the case. One's life may be significantly impacted if the accused cannot successfully defend themselves. Knowing what to do if you have been wrongfully accused in a legal case is crucial. Remain calm: -It can be distressing to be unjustly accused of committing a crime. Being wrongly accused of a horrifying crime, sexual harassment, or child abuse can be emotionally and physically taxing for many people. Attempting to defend yourself after being falsely accused is only logical. Yet, defending oneself and answering unfounded accusations in a hasty and irate manner can work against you. It's critical to keep in mind that making accusations is a marathon, not a sprint. It is even more crucial that you maintain your composure and...

Why Divorce Is The Best Option For Couple To Be Separated?

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In the end, only you understand your circumstances and can choose what is best for you and your family. We are aware that choosing to get a divorce can be difficult and daunting. It's normal to have a lot of inquiries. To help you make a more wise selection, we'll do our best to respond to those questions based on solid research. We also offer connections to additional information that will assist you in making a decision and answering any questions you may have. Arguments in Favour of Divorce :- Relations that are abusive: When a family is experiencing emotional and physical abuse from an abuser within, it is the main scenario in which divorce can be beneficial. If the abuser won't seek counselling and alter their behaviour, the other family members won't have to put up with it. Divorce is a good way to stop this cycle of suffering, which can occasionally culminate in the death of a family member. You weren't intended to be together: You may discover that...

What Is A One Sided Divorce From The Husband?

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Divorce is a legal procedure to end a marriage when one or both partners cannot continue to live together as a couple. There are two types of divorce in India: one-sided divorce and divorce with mutual consent. Mutual consent divorce happens when both parties agree to end their marriage, and the divorce is completed faster because both parties want to end the marriage. In India, a one-sided divorce occurs when one spouse refuses to divorce the other. One-sided divorce is also known as a contentious divorce. One Sided Divorce: Meaning A one-sided divorce occurs in India when a person refuses to stop the marriage for whatever reason. A one-sided divorce occurs when one party has grounds for divorce and wishes to end the marriage. As the term implies, the husband and wife fight to get the best possible result from a divorce case and hire a divorce lawyer in India to advocate their interests. Process of One-Sided Divorce One must file for the Divorce Petition- Following t...

What To Do If Someone Is Blackmailing You With Your Nude Video ?

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Blackmailing is an act of coercing a person or a group of persons by threatening them with the release of some substantially true or false information about them unless they agree to fulfil some specific demands of the blackmailer. As there is an increase in the usage of the internet, the rate of these crimes has also risen. A huge amount of personal data is being exchanged on the internet, there is always the chance of it falling into the wrong hands, hence leading to cyber crimes. Digital Crimes. Cybercrimes and sextortion are sharply rising. Sextortion is the act of  blackmailing for money, sexual favours, or for any other act including the threatening of the victim by his/her personal photos or videos being publicised by the blackmailer. For instance,  any such graphic material which was shot during the duration of a person’s relationship and victims are threatened to continue the relationship or to follow through with some other act as the conditions have put...

What Is The Role Of Criminal Lawyer In Cases ?

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During the process of a criminal case, a criminal defense lawyer plays a variety of vital functions. They are responsible for defending a person charged with a crime. A criminal lawyer's daily activities also include negotiating with the prosecution to get charges dropped or reduced, conducting case conferences for significant allegations, and sending reports and proof to relevant parties. Role of Criminal Lawyers in Cases Assigning the Case- The accused may hire a criminal defense lawyer on their own, or the court may do so. Many criminal lawyers work as public defenders for the public defender's office. Municipal, state, and federal courts assign cases to them. Due to the referral procedure and the payment arising from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. Sometimes, a court may select a private counsel to handle a specific case. Interviewing about the Case- When the criminal lawyer gets the ch...