Child Sexual Abuse

Dear Client, Viewing pornography either child pornography or adult in digital devices on social media platforms is illegal and a crime punishable under law. Sec.67B of the Information Technology Act, 2000 was added through an amendment in 2008 that criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section on the first conviction is imprisonment for up to five years and a fine of up to ten lakh rupees. On subsequent convictions, the punishment can extend up to seven years of imprisonment and a fine of up to ten lakh rupees. Section 66A defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or tablet and a conviction of it can fetch a maximum of three years of jail and a fine. Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by law. Once such a crime of violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social networks and to find out the veracity of the facts from the related intermediaries or service providers. On investigation, if they find you are in any way violating the provision of the Act, you can be booked for committing the crime, otherwise, you will be acquitted of the charges. If you have any specific incident that violated the law of the land, as a law-abiding citizen you may bring the matter to the notice of the Cyber Crime Cell because awareness and attitude of reporting amongst the citizens is the first step for preventing a crime and for booking the criminals behind the bar. If the situation so warrants, you may hire the service of an Advocate or cyber law expert to navigate the issue in the right way.

Dear Sir, You just postpone all such agreements and they must feel that they never get alimony or maintenance.

dear client in your case kindly consult with experienced lawyer for better resolutions

Dear Client, A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your toxic marital home to look for the destiny of your choice. So, you need to arrange for an independent source of income to live your life on your terms. In the prevailing situation, you have the following legal remedies to resolve the crisis. 1) You can file a complaint against your husband and his other family members who subjected you to domestic violence at the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V Act. 2) You may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce and seeking maintenance or alimony from the husband. The party seeking divorce can submit audio, video, or written evidence to prove his or her claim. As regards maintenance post-divorce, be informed that both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and her children. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. If maintenance is paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. To enforce maintenance orders court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of the Cr. PC. 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 the age of 9 years in India, his/her preference for custody is considered by the Court based on the best interest standard, and the well-being of the child on appeal seeking custody of a child by either parent. If you are not financially sound enough to continue with litigation expenses, you can apply to the Member Secretary, State Legal Services Authority, or the District. Legal Services Authority seeking free legal services available to women under Section 12(c) of the Legal Services Authority Act, 1987, to contest the cases in the Court for appropriate relief. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to ncw@nic.in or filing an online complaint.

Dear Client, The first step in seeking custody or visitation of a child is to file a petition in the family court where the child resides. The petition can be filed by either parent, 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 below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" and the well-being of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended that an expert divorce lawyer be hired to navigate the issue of child custody or visitation rights in the right way.