Free Legal Advice

Dear Client,
Both parents are the natural Guardians of a minor person. The Hindu Minority and Guardianship Act, 1956 along with other personal laws in India, typically recognize the father as the primary natural Guardian. In case of the father's death, the Guardianship is transferred to the mother. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves

Dear Sir,
Please stop paying any amount to her until Court orders for any interim maintenance. Thus you can prolong the matter until and unless she resumes marital life.

Dear client,

A child who is facing torture or abuse from family members has several legal protections under Indian law, and even if they have criminal charges against them, their rights to protection and welfare remain intact. Here are the key legal rights and steps you can take:

1)Right to Protection from Abuse:
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, if you're being abused by family members, you can be removed from that environment and placed in safe care, suc

Dear Client,
Section 152 C.P.C. provides for correction of clerical arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. But the change of name of the child post-decree cannot be considered a clerical mistake arising out of accidental slip or omission. So, you have to file a review petition under Section 114 of CPC praying for a review of judgment to the Court which passed the decree or order, and the Court may make such order ther

Dear Client,
In India, the primary consideration for the court in determining child custody is the welfare and best interests of the child. If the child is below 5 years, the custody will naturally go to the mother under The Hindu Minority and Guardianship Act. Only if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. The court will consider the child's attachment to each parent and the potential impact of separation and also

Dear Client,
If Mr. A who has custody of his son Mr. C now, after divorce, wishes to obtain visitation rights, he can file a petition in Family court under the provision of the Guardianship and Wards Act 1890. This act encompasses issues to do with the minor’s custody and guardianship also giving legal option available for the non-custodial parent to seek visitation rights of the minor. Mr. A can approach the court seeking an order that will allow him visit his son to have a relationship with

Dear client,
If your school is not honoring a recognized government holiday, begin by verifying that the holiday is officially sanctioned and relevant to your school. Examine your school's holiday policies, then approach the school authorities to discuss the issue calmly and present your case. If verbal discussions don't work, submit a formal written request to the administration. Should the problem persist, escalate the matter to the local education department for assistance. Involve your paren

Dear Client,
In the given scenario, lodge an FIR against the PG Owner at the local police station under Section 361 and Section 503 of IPC for kidnapping of a child from a lawful guardian and criminal intimidation. Endorsing a copy of FIR to the School authority, bring the matter to the notice of the Chairperson, the National Human Rights Commission, New Delhi filing a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) and the State Human Rights Commission alon

Dear Client,
I understand the difficulties you are facing, and I am here to help you navigate through this challenging situation. Based on your description, you have several legal remedies available under Indian law to address domestic violence and child custody issues.
First, regarding domestic violence, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This Act provides for various reliefs, including protection orders, residence orders, monetary relief, a

Dear Client,

I understand your concerns regarding your abusive husband and the well-being of your 3-year-old daughter. In India, under the Protection of Women from Domestic Violence Act, 2005, you have legal options to seek protection and relief. You can approach a lawyer to file for a protection order, restraining your husband from further abusing you or your daughter. Additionally, you can seek custody of your daughter and claim maintenance for her upbringing and your own sustenance under rel