Get Free Legal Advice from Top Expert Lawyers

Dear Client,
Your query lacks information. However, be informed that the first step in seeking custody or visitation of a child is to file a petition in the family/district court where the child resides. The petition can be filed by either parents, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child be

Dear Client,

Yes, divorce with alimony is possible under the Christian Marriage Act even if the marriage is not formally registered, as registration of Christian marriages is not mandatory under the law. Christian marriages are solemnized according to the Indian Christian Marriage Act, 1872, and recognized by the courts regardless of registration. Regarding alimony, the court may order maintenance or alimony to the wife depending on factors such as the husband's income, the wife's financial ne

Dear Client,
Section 12 of the HMA, 1955, deals with voidable marriages and provides a remedy for parties who are in a void or voidable marriage. A marriage will be deemed voidable if consent is obtained by force or fraud. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud wi

Dear Client,
A person can restart his or her life afresh at any stage or age if she or he is self-motivated to do so. If you feel you can manage yourself outside without the support of your parents/family for all your needs, nothing prevents or restricts you from walking out of your paternal home to look for the destiny of your choice. In the given scenario, you can file a complaint against your abusive parents who subjected you to domestic violence or hurt you mentally and emotionally at the l

Dear Client,
Your query suffers a lack of information and misleading too. Can you please share your problem when your parents accepting your marriage intend to get the marriage registered under the Indian Christian Marriage Act, 1872 that governs the solemnization of Christian marriages and crucial for legal validity. You expressed your situation, but did not provide a cause of action that attracts a legal remedy. This is a legal forum, where in the absence of a specific cause of action, suitabl

Dear Madam,
Is it different from inherited property?
Yes, it is fundamentally different.

Stridhan: It is a gift given to you as a mark of love and affection. It is your personal and absolute property from the moment it is given to you.

Inherited Property: This is property that you acquire after the death of a family member (like your father, mother, or husband) through succession. While the Hindu Succession (Amendment) Act, 2005, grants daughters equal coparcenary rights

Dear Client,
Your query lacks information and transparency. However, be informed that in case of intestate succession(where there is no WILL), all the surviving legal heirs of the deceased owner are entitled to an equal share in the property left by the owner. The property of a male Hindu dying intestate, i.e., without any will, shall devolve according to the provisions of Section 8 of the Hindu Succession Act, 1956, (a) firstly, upon the heirs, being the relatives specified in class-I of the S

Dear Client,
Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising Physical, mental, verbal, emotional, sexual, and economic abuse, Harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. Non-Resident Indians and Overseas Citizens of India m

Dear Client,
Neither your son nor his wife (daughter-in-law) have any right to claim in your self acquired property which is disposable at the wishes of its owner only. There is no legal concept of disowning an adult child in India. In the case of self-acquired property, the parents can disinherit a child by cutting him out of the WILL. However, in the case of ancestral property, the parents have no control over it since the child has a right to it by birth. Even if the parents die intestate, t

Dear Sir,

Since the order is from the Judicial Magistrate, Alipore, the correct remedy is to file a Criminal Revision Petition before the Sessions Court (District & Sessions Judge, South 24 Parganas) or before the Calcutta High Court.

Usually, parties first go to the Sessions Court under Sections 397/399 CrPC.

If still aggrieved, they may approach the High Court under Section 401 CrPC.

Time Limit

Limitation period is 90 days from the date of the Magistrate’s order.

Delay can be condoned