Unveiling India's Long Separation Divorce Laws

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

Dear Client, In reference to Section 13 of the Code of Civil Procedure,(CPC) 1908, a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except (a) where it has not been pronounced by a court of competent jurisdiction means the law under which parties are married, recognises. Any other court would be court without jurisdiction, unless both parties voluntarily and unconditionally subject themselves to the jurisdiction of that Court. Further, the ground of divorce in the decision of the foreign court should be a ground available under the Hindu Marriage Act, 1955. Cruelty is a settled ground amongst other for a decree of divorce under Section 13 of the Hindu Marriage Act, 1955. But the same cannot be said for “irretrievable breakdown of marriage”, as this is not a ground for divorce under the Hindu Marriage Act, 1955. Section 44A of CPC deals with the execution of decrees passed by courts in reciprocating territory means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification. So, in the absence of such notification, execution of foreign court's decree is not admissible for execution in India. Further, as per sub-section 3 of Section 44A CPC, the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13 of CPC that outlines the conditions under which a foreign judgment is not considered conclusive in India. The division bench of Hon'ble Gujarat High Court relied on the Supreme Court's 1991 landmark decision in Y. Narasimha Rao v. Venkata Lakshmi, held that a Hindu marriage conducted in India in accordance with religious ceremonies and customs will always be governed by the provisions of the Hindu Marriage Act, 1955 (HMA) and cannot be governed by any other law even if the parties acquire a new domicile or citizenship of any country in the world. Further, in the case of "Sheenam Raheja v. Amit Wadhwa" (2012, 131 DRJ 568), the Delhi High Court in reference to the aforementioned Supreme Court's ruling in "Y. Narmasimha Rao (1991, 3 SCC 451), concluded that if a marriage was solemnized and registered under the Hindu Marriage Act, 1955, its dissolution must be carried out in accordance with the provisions of the same Act. So, considering the complexity of validity or enforceability of a foreign decree of divorce and the averments of the Courts, it is always recommended to a Hindu couple married in India to seek a divorce from an Indian court only. Hope the query stands clarified.

As per law father is the natural guardian of child above 5 years. Fluency in English does not mean that person is intelligent and sane. Many people like from china, Japan, USSR, Israel etc uses translator to communicate. 1. Since child is born in India hence till 18 he can have be Indian citizen or be Australian citizen and on attaining 18 child shall have option to choose citizenship of either country. 2. Yes. 3. Yes. On attaining 18 years he shall have option to choose citizenship of either country. 4. You cannot stop a person from filing case but you have right to defend and also to take precautions to save yourself from such frivolous cases.

Hi, 1. Restoration of conjugal rights is when the Court orders the parties to resume communication in person. The advantage is that you get to see your wife and convince her a divorce is not necessary. 2. If your earnings are greater than hers, she has a right to claim alimony. 3. No, it would not. 4. This would depend on your other assets. 5. Yes, she can still claim it. 6. No, they cannot. 7. If you believe she will file a complaint with the police for domestic violence or some other offence, then you can apply for anticipatory bail. It is not necessary otherwise. 8. No, your consent is required for a mutual consent divorce. 9. You can file a report with the police. 10. Alimony will still be granted from your personal assets. If you found this helpful, please rate us.

Dear Client, After going through the prolong contents of your query, while I sympathisee with your plight, your concern over child custody or visitation rights are responded hereunder. The principle on which custody is decided is the ‘welfare of the child’. Best interests of the child include the child’s emotional, educational, social, and medical needs. Family Court also decides the frequency, place, and duration of such visits. The parent with custodial rights will generally have more power and influence. This power is in terms of time and duration. Both the custodial and non-custodial parents have an obligation to act in good faith. A "fixed visitation" schedule is when the judge orders when the non-custodial parent will have parental visitation. You can apply to the Court for a different arrangement for parental visitation rights. Be informed that "virtual visitation," such as video calling, is an option recognized in many states. Courts are more likely to issue fixed visitation schedules because they provide stability. Fixed visitation schedules can be modified later by approaching the Court. 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 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 to consult with an experienced family law attorney to navigate the issue of child custody or visitation rights in the right way.