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Posted On : December 28, 2024

What Happens If a Parent Doesn't Follow the Custody Order?

Child custody orders form a significant aspect of family law in India with regard to safeguarding the welfare and rights...

What Happens If a Parent Doesn't Follow the Custody Order?
Posted On : September 10, 2024

Bombay High Court Upholds Custody of Children to Muslim Mother: A Comprehensive Analysis

Introduction This is a given principle of law that the mother is considered the natural guardian in all religions except the Muslim Personal Law which prescribes that the natural custody of the child is vested with the father. The recent case of Mukhtar v. Habiba (Or. First Appeal No. 1708 of 2024) constituting the case governed by the Bombay High Court was a powerful judgment in relation to the c...

Divorce Filing in Kolkata
Posted On : January 7, 2022

Divorce Filing in Kolkata

Divorce is a matter which is covered under the paradigm of family and personal laws and as such the filing of a divorce case in any jurisdiction will follow the laws that govern them. Filing a divorce case in Kolkata can be easier if someone has the right idea about it otherwise it can turn into a bitter experience. One must abreast itself with the nuances of how to get divorce. Kolkata is a metro...

Posted On : November 18, 2021

All You Need to Know About Advocate in Mumbai

The term advocate gets commonly used, and there is hardly anyone who is not aware of it. For the uninitiated, an advocate is ...

All You Need to Know About Advocate in Mumbai
Posted On : October 26, 2021

Who Gets Custody of Child after Divorce and Why?

Child custody refers to the physical presence of the child after the parents undergo a divorce. It implies the legal guardianship of the child as decided by the court, based on the parent’s capability to bring up the child with love, care, and comfort, apart from proper education and a healthy lifestyle.  Mother or Father?When the child is less than five years, the court usually hands ...

Welfare of Child is of Paramount Importance
Posted On : August 3, 2021

Welfare of Child is of Paramount Importance

At the heart of the law relating to children is the notion that whenever a court considers a subject dealing with the rearing of children, the main concern should be the children's welfare. This is why, in India, custody cases cannot be decided without the following statement: "The Court is of the opinion that the welfare of a child is of paramount importance and in this case." What do you mean by...

Posted On : May 26, 2021

Divorce cases- Converting from contested to mutual- a beneficial step for the litigants.

Marriage is social institution which was conceptualised to bring in stability to the union of two humans, a male and female, ...

Divorce cases- Converting from contested to mutual- a beneficial step for the litigants.
Posted On : January 21, 2021

Law governing Divorce in India

IntroductionIn India marriage is considered to be a scarified act for establishing a healthy and social life. It is believed that marriage is a sacrament which ties man and woman together during their lifetime. Hindu believe that Marriage is an indissoluble partnership which is to be continued even after the death. Hence, there were no concept of Divorce before.The Goa Civil Code applicable t...

Mutual Consent Divorce through Video Conferencing
Posted On : July 9, 2020

Mutual Consent Divorce through Video Conferencing

Mutual Consent Divorce is an easy way of coming out of the matrimony and dissolve it legally. When the spouse (husband and wife) agree to take a divorce, the courts will consider as a mutual consent divorce. For the petition to be accepted, however, the spouse should be separated for more than a year or two years. They can be separated when the couple, still agree for mutual divorce because it is ...

Posted On : June 30, 2020

SALE OF MINOR PROPERTY BY GUARDIAN

Any minor having a property in his name is accompanied by a Natural guardian or in case any guardian appointed by the court t...

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