Marriage & Divorce
Property Law deals in specifying the legalities of the property and ascertaining the ownership rights on the same of the individuals, companies, and other entities.
This act governs the distribution and proportion of property (either Ancestral or Self-Acquired) between married couples, and their kids (both son(s) & daughter(s)) or legal heirs in cases of succession as governed under the Hindu Succession Act, 2005.
As mentioned in the Hindu Succession Act, 2005, a coparcenary comprises the eldest member and three generations of a family.
Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.
A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased. It is issued by the government, usually to establish a relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.
According to Section 372 of the Hindu Succession Act, in order to obtain a succession certificate in Civil Court, the legal heirs can apply for a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided.
Marriage & Divorce
What is a divorce?
Divorce has been defined as “a dissolution of the marriage” as per the Hindu Marriage Act. The Merriam-Webster Dictionary divorce means “to legally dissolve one’s marriage”.
In simple terms, it means that the spouses can end the ties as a married couple as per Hindu Marriage Act and live freely.
Divorce laws as per the Hindu Marriage Act, 1955 are applicable to Hindus, Sikhs, Buddhists, and Jains. For Christians, divorce is governed by the Indian Divorce Act of 1869. The dissolution of Parsi Marriage is regulated by the Parsi Marriage and Divorce Act, 1936. Similarly, Muslims have two sources of laws to govern the dissolution of their marriages which are the uncodified laws (Sharia) and the Dissolution of Muslim Marriages Act, 1939.
- By Mutual Consent
- Divorce without mutual consent
- Mental Disorder
- Communicable Disease
- Renunciation of the world
- Presumption of Death
As a divorce lawyer for mutual consent, it is ideal to recommend that parties recognize the futility of long-drawn proceedings and therefore proceed to divorce with mutual consent.
Petition for mutual consent divorce can be filed at any of the following place:-
- Place where marriage had taken place
- Place where husband and wife last resided together.
- Place where wife is residing at the time of filing of the Petition.
Maintenance Rights under the Hindu law: In accordance to Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956, divorced women have the complete right to claim maintenance. The husband is required to make and pay the maintenance amount unless the divorced wife remains chaste and single.Therefore a wife can seek maintenance from her husband under Section 25 of the Hindu Marriage Act.
When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973. Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income or no income.
In a contested divorce, the alimony, its amount and tenure, depend upon the length of the marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony.
The other essential factors are:
- Age of the spouse (or the person who is ought to receive the alimony.
- Economic condition or the earnings of the person who is to provide the alimony.
- The health of both spouses (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim larger alimony on the basis of their failing health).
- The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.
Court fees for filing a divorce are low; the cost is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it works, therefore, it may cost anywhere from the low ten thousand to lakhs of rupees.
- Address proof of husband
- Address proof of wife
- Marriage certificate
- Four passport size photographs of the marriage of husband and wife
- Evidence proving spouses are living separately for more than a year
- Evidence relating to the failed attempts of reconciliation
- Income tax statements for the last 2-3 years
- Details of the profession and present remuneration
- Information relating to family background
- Details of properties and other assets owned by the petitioner
The spouse can send a legal notice for divorce to the other spouse communicating his/her intention to undertake legal proceedings against the other party. Since legal notice is a formal communication sent by one person to the other, warning them would a good decision before taking any legal action.
The Family Settlement comes into question when a family wants to distribute the property among the family members. It is done when the family members related to each other want to settle it between the family itself and do not want to choose the option of the court to resolve the distribution. Such distribution is done with the mutual consent of all the family members who have a right to claim on the property. It is not limited only to immovable property but also to movable property like jewelry, antiques, etc.
Family settlement takes place in respect of the property which comes into the common interest of all the family members being the common property or joint property and does not apply to individual or self-acquired property.
- Is the distribution of property
- Brings settlement to dispute regarding property
- Time-saving as it saves time from the hassle of the court proceeding.
- Saves the family relation getting sore.
- Documentation helps in proper elaboration and saving misunderstanding and miscommunication
The services provided by a Business Management Consultant is not limited to one thing but is vast in nature. The management of the business is what makes the roots of the company. The Services of a Business management Consultant are as follows:
- Market Analysis
- Marketing and Research
- Decision Making
- Business Growth Planning
- Risk Assessment
- Understanding Business projects
- Mergers and Acquisitions
- Advisory Body
- Due Diligence
- Transaction Consultancy
- Allocation of Financial Resources
- Valuation of Business
The Business Management Consultant needs to deeply analyze the market in which the company exists and also the business markets in which the company is looking forward to enter. It is quite a sensitive task as if the market is not properly studied then it will lead to disruption of the company and the company may incur loses due to non-assessment of the market. The goods or services which are provided by the company is to be assessed and should be placed to a market were cost incurred by the company is covered by the demands of the same in that particular market and further bringing profit to the Company. Analyzing the market is the job of a Business Management Consultant.
Marketing and Research
As the market environment is analyzed it is important that proper marketing of the goods and/or services which are provided by the Company is marketed properly so that it reaches the end user. It takes extensive work on the marketing sector to make the emerged goods meet the demands, as there is presence of continuous stiff competition. One wrong decision and everything may fall apart. There may be companies providing similar type of goods and services in a particular market creating entry barriers and if such situation is not handled correctly then it may result into downfall of the company. The Business Management Consultant provides with the service of understanding the market and conducting extensive research to provide information which will help grow the company.
The toughest job is decision-making because it is not always easy and hard decisions are needed to be taken for the sake of the betterment of the company/business. The Business consultant guides the Company in proper decision-making so as avoid any disruption in the working of the company. The Business Consultant guides in respect of decisions on investments, products or services provided by the company, profit and loss assessment, risk assessment etc.
Business Growth Planning
Business Growth Planning is the process of systematic process of setting out the goals/targets of the company and ways to achieve the same. It includes studying strengths and weaknesses of the company and comparing the same with the positioning of the Company in the market. It also includes assessment of the competitors in the market.
Risk Assessment involves the idea of assessing the factors concerning the strengths and weaknesses of the company and understanding how it may affect the working of the company as a whole. It includes extensive study of the market environment, market competition, product and service assessment, identifying potential business hazards and taking measures to safeguard the company from the negative aspects of the market.
Understanding Business Projects
The Business Management activities also includes understanding Business Projects and how it needs to be delivered. A business project is a work that the Company strategize to achieve which aims to obtain result within a short period of time. The Business consultant firstly helps in understanding the projects which are needed to be accomplished in the present time and to arranges the work projects accordingly depending on its needfulness and further helps in completion of the projects by acknowledging the procedure to achieve the same which is less time consuming and less cost oriented.
Mergers and Acquisitions
The Business Management Activities of the Consultant also includes the service of Mergers and Acquisitions. It includes the process of merging of two or more companies and acquisition which means purchasing of the assets of another company. The Consultant guides in decision-making of whether or not the company should be looking forward to a prospective merger or acquisitions and what are the merits and demerits of the same. Further, how it will affect the allocation of resources of the company and also the financial stability of the company.
The role of the Business Management Consultant as an Advisory Body is to advise the company in respect of decision-making on issues like generation of revenue, tackling difficult decision-making for the company, laying down long-term strategy of the company, implementation of decisions taken, laying down company objectives and how to achieve the same, assessment of long-term and short term goals of the company, evaluation of company resources, assessment of financial risks, financial resource investments and the lists goes on.
Due Diligence is an investigative nature of work. Whenever a company is trying to collaborate with some other company the aspect of Due Diligence comes into purview. It is required that it is to be clearly known that whether or not any investment in a collaboration with a company is beneficial or not. Any wrong step can hamper the growth of the company and thus, special attention should be given to safeguard the company from making any wrong decision. This includes the complete study of the growth, downfalls, assets, disputes, financial stand point, competitors, goodwill of the company to be collaborated with.
Transaction services refers to obtaining services from third parties which includes services from firms or any bank for banking transactions. Transaction consultancy helps in allocating financial resources more efficiently to increase effective decision-making with lower cost burden on the Company.
Allocation of Financial Resources
Allocation of resources plays a vital role in effective investment of the financial resources of the company. The main aim for allocation of resources should be targeted towards increasing profit and decreasing cost on the company. This is the job of the Business Management Consultant who will help the company in making better decisions in respect of allocating financial resources of the company to achieve the strategic goal.
Valuation of Business
Business valuation is a process to estimate the economic value of the company. Various methods are used by financial market participants to determine the pricing of the business in the market. Few of the valuation techniques are
- Asset valuation
- Historical Earnings Valuation
- Relative valuation
- Future maintainable earnings valuation’
- Discounted Cash Flow Valuation
- Name of all the family members.
- Details of ownership of property.
- Terms of distribution of property.
- Details of the property with House No., Site plan map, address proof, etc.
- Members must agree on the terms and conditions of the family Settlement.
- Proper evaluation of declaration regarding payment of dues.
- No Objection certificate of the Parties to the Settlement
- Sealing of agreement with signature and thumb impression.
Services Provided by Legallands:-
- Family Settlement Agreement
- MOU (Memorandum of Understanding)
- No Objection Certificate
- General Power of Attorney (If required)
- Special Power of Attorney (If required)
- Domestic Violence occurs only in lower class/working-class families and not in the upper class.
- Domestic violence occurs in families where the husband is an alcoholic.
- Men who are violent towards their partner comes from violent family.
- No other person should interfere in domestic violence between a man and his wife.
- Women who tolerate violence are responsible for such violence as they should have left such violent husbands.
- Domestic violence can happen in any household. It is not limited to the working-class only but also to families in the middle-class and upper class as well.
- It is not in any way necessary that domestic violence is committed by a husband who is an alcoholic.
- Men coming from non-violent families can also commit domestic violence.
- Women who tolerate violence are not responsible for such a heinous act. For the sake of the household, she tries to keep trying to be part of such a family. Such does not make her responsible for domestic violence. Leaving a household is difficult and it should be understood that way.
Indian Penal Code and Domestic ViolenceSECTION 498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation: For the purpose of this section, ‘cruelty’ means-
- Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb, or health (whether mental or physical) of the woman; or
- Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security is on account of failure by her or any person related to her to meet such demand
Comment:Essential Ingredients of Section 498A:
- The woman must be married;
- She must be subjected to cruelty or harassment; and
- Such cruelty or harassment must have been subject to cruelty either by the husband of the woman or by the relative of her husband.
- The woman must be married
- Woman subjected to cruelty or harassment
- Cruelty by Husband of the woman or the relative of the husband
- Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
- Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Comment:Essential Ingredients of Section 304-B:-
- The death of the woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances.
- Such death of the woman occurs within 7 years of her marriage
- Soon before her death, she was subjected to cruelty or harassment.
- Cruelty or harassment committed by her husband or any relative of her husband.
- Such is committed in connection with, any demand for dowry.
Section 3.Definition of domestic violence — For the purposes of this Act, any act, omission or commission, or conduct of the respondent shall constitute domestic violence in case it –
- a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse; or
- b) harasses, harms, injures, or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
- c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
- d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Comment:Respondent The important difference between the protection provided by IPC and the D.V. Act is that it is former focuses cruelty against the wife only and such is committed by either husband or any relative of the husband. This makes the working of the provision very limited. However, it is removed in the D.V. Act, 2005. According to Section 2(q) of D. V. Act, 2005 ‘Respondent’ means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. Aggrieved Person According to Section 2(a) of the D.V. Act, 2005 “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been Subjected to any act of domestic violence by the respondent; An act, omission, commission, or conduct of the respondent There should be an act, omission, commission, or conduct on the part of the respondent which leads to domestic violence. Such act, omission, commission, or conduct should be as mentioned under Section 3 of the D.V. Act. Harm, Or Injuries Or Endangers The Health, Safety, Life, Limb Or Well-Being (Physical or mental) An act by the respondent can be said to be an act of domestic violence only if it falls under this category. There should be harm, injuries, or endangerment of the health, safety, life, limb, or well-being of the respondent. If such is not proved then no case will form under this act unless it falls under any other category of the following provision. Causing Physical Abuse, Sexual Abuse, Verbal And Emotional Abuse And Economic Abuse There should be the presence of abuse committed by the respondent on the aggrieved party. The types of abuse are explained in detail in the following article. In the case LalitaToppo V/s State of Jharkhand and Anr., the bench stated that Section 3 (a) of the D.V. Act, 2005, which defines the term “domestic violence” which also includes “economic abuse” as domestic violence. The court also stated that under this section of the D.V. Act the wife and even the live-in partner would be entitled to the relief which is more than what is provided in 125 Cr. P.C. Harasses, Harms, Injures Or Endangers The Aggrieved Person With A View To Coerce Her Or Any Other Person Related To Her If the husband does any act which includes harassment, harm, injuries or endangers the aggrieved person or someone related to her for the demand of dowry or valuable security then such will lead to domestic violence. This section has clearly mentioned that no physical harm is necessary to prove domestic violence. The demand for dowry or valuable security leads to mental harassment that is equal to domestic violence. Effect Of Threatening The Aggrieved Person Or Any Person Related To Her If there is any type of threatening committed by the respondent on the aggrieved person then that will lead to domestic violence. Such threatening does not necessarily have to be on the aggrieved person. If such an act of threatening is committed even on a person who is related to her which will lead to mental frustration that will result in commission domestic violence against the aggrieved person.
Burden of ProofThe burden of proof to prove the existence of an offense under the D.V. Act, 2005 the aggrieved party has to prove the allegations put by her. According to Section 101 of the Indian Evidence Act, 1872, the burden of proof is on the person who alleges that a certain person has committed the offense. Example- A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. In Kamlesh Devi V/s Jaipal and Ors., it was held that mere allegations are not sufficient to bring a case under D.V. Act.
Child law is Protection of children is the most important aspect of a country. Where the growing generation is safeguarded properly, the country will see prosperity.
To understand child law in India one has to know who is considered as a child.
The term ‘Child’ comes from the Latin word ‘Infans’ which means ‘the one who does not speak’.
The Conventions on the Right of the Child of 1989 defines precisely the term ‘Child’:
“[…] a child is any human being below the age of eighteen years unless, under the law applicable to the child, the majority is attained earlier.”
According to Section 2(d) of the POCSO Act, 2012, ‘Child’ means any person below the age of eighteen years,
When we talk about protection and safeguarding society the first thing that comes to mind is the protection of child. Children are the most vulnerable part of society. The innocence of children is largely manipulated and corrupted. It is not that such a situation of vulnerability of children arose in today’s world. It has been present from time immemorial. However, with time and the development of technology the intensity of such crime has increased.
To safeguard the children from such offenses there should be proper implementation of the laws enacted. And with such if there is an act of child abuse such should be informed to the police officials. That is where the whole process lacks. Most of the time such crimes are not informed to the authorities due to fear It not only includes the protection of the children but also understanding their Social, Psychological and Emotional Insecurity and Distress.
Child abuse is the talk of the hour. There is a steep rise in crimes against children. The reason for their innocence has made them most easy to exploit their innocence. Sexually, physically, psychologically they are becoming prey. This has led to the formation of provisions and acts for the protection of children.
The reason they are made the prey because most of the time they don’t even understand that they are been abused. Now, schools are even providing education regarding child abuse so that they understand and distinguish ‘good touch’ and ‘bad touch’, assault, molestation, etc.
Sometimes, even after the abuse has been taking place multiple times no steps have been taken to stop such acts. No provisions and acts can bring a change if no steps are taken to stop such acts from happening. The reason behind being reluctant from taking necessary steps is that the fear of being highlighted in the public. The idea to protect family integrity most of the time is the main reason for not lodging a case against the perpetrator. So, it is very important that the children should be taught accordingly and also inform if any wrongful act takes place against them. Secondly and most importantly parents, guardians, any family members, teachers should never overlook if the child complains of any unusual thing taking place against them.
Where there is sexual exploitation taking place against children in a large number there is another issue that is on the rise i.e., child labor. Child labor is a problem that will continue to be a part of India till then time poverty has a hold on largely. In the urge to increase the income, children are forced to work by their own parents. Most of the places of work are hire children because of two reasons:
- The owner of such a workplace hires children to work rather than an adult because they get the opportunity to pay less for more work.
- As such an act is illegal the places of work are such that is hidden so that it does to get raided by police authorities. So those places end up being hazardous in itself only.
The life of people is no more as simple as it used to be. The complexities in life have brought horribleness to be faced. And such horribleness are been faced by children. Sometimes the child is suffering abuse not outside but in the child’s own home. In that case, the child is facing abuse from a place where the safeguard is to be provided. This is the reason the protection provided by the legislation has been toughened.
With the development in technology and the invention of social media,a crime against children has reached the peak of destruction. While there has been a lot of benefit for the availability of social media as a source of connecting with people it has become a hub of crime as well. For child predators is the safest place to sit and get their work done. Furthermore, it has raised complexity in catching the criminal as well. A person sitting in the USA can abuse a child living in India. The result maybe is that the predator may never be caught. Even if there are laws but it needs strong and effective implementation as well. And such is in the stage of development right now. With the passage of time, it is hoped that there becomes an improvement in implementation.
The Government of India has provided laws and Acts specifically for the protection of children. Such is discussed below:-
- INDIAN PENAL CODE, 1860
- PREVENTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2005
- THE NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT, 1985
- THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT, 1988
- JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT, 2015
- Criminal cases
- Civil Suits of damages, compensation & recovery
- Family cases for child custody, guardianship, Termination of parental rights, and adoption