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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Landlord and tenant should know about the nitty-gr...

Presumably the Model Tenancy Act, 2019 vis-à-vis rental housing will aid in the transformation of the legal perspective in its entirety throughout India and may also encourage private participation in this sector.The newest draft Model Tenancy Act, 2019 is empowered in limiting security deposits for housing at two months’ rental and for other properties one months' rent.In order to ensure that the rights and interests of both landlords and tenants are balanced and also ensure that there is adequate rental housing in India, the Ministry of Housing and Urban Affairs has formulated the Model Tenancy Act, 2019. The Finance Minister alluded to the fact that promoting rental housing on the part of the government would necessitate several reform initiatives including the finalization of a Model Tenancy Law replacing the archaic current Rental Laws that do not throw light on the linkage among the Lessor and the Lessee in a realistic and fair manner.The conviction of the government is that the Draft MTA will work as a catalyst vis-à-vis revamping rental housing and the relative legal backbone throughout India and may encourage the segment’s private participation. Needless to mention that experts in the industry along with developers have a preference for the Act.The government is ultimately responding adequately in revamping the archaic laws which were outstanding for a long time. At a time when there is a shortfall in affordable housing, rental housing potentially can contribute to the Government’s aim in making Housing for All come to fruition within two to three years at the most.  Vacant housing is because of dark property rights and inept implementation of rental contract laws, which this Act aims at addressing. The10 things regarding the Model Act which all landlords and tenants ought to be aware of are:1. The new draft Model Tenancy Act, 2019 aims at capping security deposits at two months’ rental in the case of housing and one month’s rental for any other property. Nonetheless, however well-intended, this ceiling may harm landlords particularly in cities where typically hefty security deposits are the norm. A security deposit of two-month would be insufficient for compensating the landlord if the property has been damaged majorly.2. Under The Act, recalcitrant tenants are penalized for declining to move out of their rental properties after the expiry of the rental period. In such a situation the landlord would be able to claim compensation which would be double the monthly rent for two months and four times the monthly rent thereafter. Property owners fearing tenants staying put in their properties which is deemed risky to let out their properties can now breath easy because of the Act.3. The Act specifically mentions that the landlord cannot deny a tenant essential utilities and accessing common facilities which have been the tenant’s common grouse in the past.   4. The landlord cannot increase the rental without notice of at least three months to the tenant, and also is not permitted to increase rent midway through a rental term.5. Once this Model Act becomes effective, letting would cease and on the flip side taking on rent any premises except by an agreement in writing.6. In no later than 2 months of the performance of the rental agreement, it would be compulsory for landlords and tenants alike to inform the Rent Authority about the tenancy agreement. Within a week the Rental Authority would roll out a unique identification number to both parties.7. Once the Model Act commences, a tenant without the prior written consent of the landowner would be constrained subletting the entire or part of the premises occupied by him, or optionally transfer or assign tenancy agreement rights wholly or partly. 8. The landlord-tenant agreement terms would devolve to their successors who would have equal rights and obligations according to the tenancy agreement, for the unused tenancy period.9. It ought to be noted that there would not be any impact or effect on current tenancies as the Draft Model Tenancy Act would be effective prospectively.Industry experts, nonetheless, fear that similar to RERA, the rules of the rental Act rules are prone to be convoluted at the state level as land is basically a state subject.Call 7604047601 for consultation with the registered expert landlord and tenant lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

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Consult Top Industrial Lawyers in India

Md. Nasim  Akhtar

Md. Nasim Akhtar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Industrial Laws
  • Civil
  • Documentation
  • Tax
  • Tax-GST
Welcome to Adv NASIM AKHTAR:- where we offer professional services to sort your legal issues in a personal manner with utmost integrity and legal efficiency. We offer you the right kind of advice with all if's n buts' related to all your legal issues before different Courts and Forums. We provide hi View Full Profile
Arindom  Bit

Arindom Bit

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Industrial Laws
  • Divorce
  • Bankruptcy And Debt
  • Commercial
Advocate Arindom Bit has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. Advocate Arindom Bit's office is in Hare St View Full Profile
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Industrial Laws
  • Criminal
  • Administrative Law
  • Adoption
  • Animal Laws
I AM DRIVEN BY MY DESIRE FOR SUCCESS AND THAT I WORK IN HAND WITH THE CLIENT AS THE CLIENT IS ALWAYS IN TRACK WITH THE CASE I AM A WORKAHOLIC BY NATURE AND STOP AT NOTHING View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Industrial Laws
  • Criminal
  • Sex Crime
  • Bankruptcy And Debt
  • Commercial
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Industrial Laws
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
ADVOCATE KRISHNA & ASSOCIATES

ADVOCATE KRISHNA & ASSOCIATES

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Industrial Laws
  • Civil
  • Banking
  • Child Custody
  • Contracts and Agreements
ADVOCATE KRISHNA AND ASSOCIATES a full pledged Property , Family ,corporate lawyers , they are offering legal assistance in High Court and District courts of Chennai. Further the service of this advocates are extended to Family courts, Company low board, DRT & DRAT, labour Court and NCLT View Full Profile
Romesh Pratap  Singh

Romesh Pratap Singh

Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Industrial Laws
  • Criminal
  • Admiralty And Maritime
  • Administrative Law
  • Arbitration And Mediation
Lawyer for High Court deal the criminal , civil , service and writ matter and also deal matter in District and Session Court and Family Court View Full Profile
Johnson  Thangiah

Johnson Thangiah

Advocate / Trial Advocate
Exp
Tirunelveli , Tamil Nadu

Specialization

  • Industrial Laws
  • Civil
  • Cheque Bounce
  • Consumer Protection
  • Child Custody
Actively practicing before the District sessions courts of Tirunelveli and Tuticorin of Tamilnadu state India past more than 17 years.Also appearing before the Madras High Court Madurai Bench.Mainly concentrating on "TRIAL" works.( "Expert in Economic Offences") Mobile 9443194559 View Full Profile
Total Answers Given : 282
Ved prakash  Shaw

Ved prakash Shaw

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Industrial Laws
  • Cheque Bounce
  • Contracts And Agreements
  • Employment And Labour
  • Insurance
Total Answers Given : 132
vishnu Prasad V

vishnu Prasad V

Solicitor
Exp
Warangal , Telangana

Specialization

  • Industrial Laws
  • Criminal
  • Divorce
Success is my motto. View Full Profile
Total Answers Given : 27
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  • What are Industrial Laws?
  • What is an “Industry”?
  • What areas are covered by the Industrial Laws?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Industrial Laws related queries and also guide you on how to resolve this matter with ease.

About the Industrial Laws


As per Section 2 (j) of the Industrial Disputes Act 1947, ‘industry’ refers to any trade, undertaking, business, manufacture, or calling of employers and includes any service, employment, calling, handicraft or industrial occupation or avocation of workmen”.

What are the applicable laws to the Industrial Sector?


  • Minimum Wages Act 1948
  • Payment of Bonus Act 1972
  • Factories Act 1948
  • Mines Act 1952
  • Employee’s Provident Funds and Miscellaneous Provisions Act 1952
  • Industrial Disputes Act 1947
  • The Contract Labour (Prohibition and Regulation) Act 1970

Some important facts of Industrial Laws


Industrial Disputes Act is the primary law with respect to the topic of Industrial laws. It is an Act to make arrangement for the examination and settlement of industrial question, and for certain different purposes. Section 7A of the Act makes provision for setting up of tribunals to ensure delivery of justice.

The Industrial Disputes Act is applicable to the whole of India, the different provided forms of dispute resolution are collective bargaining, arbitration, conciliation, adjudication, mediation, etc. Collective dealing is a strategy by which disputes of employment are settled genially, calmly and intentionally by settlement between worker's organizations and administrations. The technique for collective haggling in settling the Industrial question, while keeping up industrial peace has been perceived as the bed shake of the Act. Under the arrangement of the Act, the settlement touched base at by procedure of collective bartering with the business has been given a statutory acknowledgment under Section 18 of the Act. Section 6 of the Act enables the administration to constitute a court of request, for inquisitive into any issue relating to an Industrial Dispute. The technique of the court of request has likewise been endorsed by Section 11. While the report of the court isn't binding on the parties, many time it results in an agreement.

The aim of monitoring contract labour is achieved through, The Contract Labour (Prohibition and Regulation) Act 1970. Certain provisions of the Employees Provident Fund Act talk about the kind of retirement benefits.

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