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HOW TO GET DIVORCE IN INDIA

Neha Roy

HOW TO GET DIVORCE IN INDIA WHAT IS DIVORCE? Divorce is the process of terminating a marriage or marital union and is also known as dissolution of marriage. Divorce entails the reorganizing or cancelling of legal responsibilities and duties of marriage, thereby dissolving the bonds of matrimony between a married couple under the particular rule of law of the country or state. WHAT IS THE DIVORCE PROCEDURE AND TYPES OF DIVORCES IN INDIA? In India, divorce procedure starts from the filing of the divorce petition and comes to an end with the pronouncement of final order of the divorce. The divorce procedure is divided into six stages which are:- ·      Filing of the petition ·      Service of summons ·      Response ·      Trial ·      Interim Read More

IMPORTANCE OF MOU IN MUTUAL DIVORCE

Shreyash Mohta

In my present blog, I shall be discussing on one of the most important aspects of a mutual divorce and that is MOU [Memorandum of Understanding]. My blog shall be stressing on the basic issues which are stated below: 1.     What is a MOU? 2.     Why is MOU important in a Mutual Divorce? 3.     Relevant Case Laws where MOU was held of utmost importance Presuming that one knows what a mutual consent divorce is, I shall still take a moment here and explain that in a few lines.  So Mutual Divorce is basically when two couples, who have been staying separately for a period of 1 or more years and decide to part ways finally by way of a divorce, whereby both the parties [The Husband and The Wife] want a divorce from a each other and both of them set the terms unanimously about the divorce and the terms upon which they are divorcing each other and also the terms as to how shall their relation Read More

A GUIDE TO MEDICAL NEGLIGENCE AND DOCTORS LIABILITY

Shreyash Mohta

MEDICAL NEGLIGENCE CASES AND DOCTOR’S LIABILITY   In my recent blog I shall be discussing the topic “Medical Negligence and Doctor’s Liability” My blog shall cover the following topics with in depth analysis for the readers to understand the essentials of the same.  1.     Introduction  2.     What is Medical Negligence  3.     Cases on Medical Negligence  4.     Doctor’s Liability in Medical Negligence  5.     Miscellaneous  6.     Conclusion  INTRODUCTION  It has been noticed recently that the Indian Society is experiencing a growing awareness of its patients’ rights. The Supreme Court of India has taken painstaking efforts as to make ‘Right to Health’ as a fundamental right.  It is the need of the society to develop a protocol which states and checks the Read More

PRE - NUPTIAL AGREEMENTS [CRITICAL EVALUATION]

Shreyash Mohta

PRE-NUPTIAL AGREEMENT IN INDIA  Pre – Nuptial Agreements are the new trend now. Starting from the foreign countries where a Pre – Nuptial is very common these days the same has come into force in India and has ever grown in the society.  The term Pre – Nuptial also known as [PRE – NUP] or Pre – Marital agreements has been widely used in India on and after 2016.  In my blog I shall discuss all the details which a lay man should know about such agreements. My blog shall cover the following topics in chronological order.   1.     What is a Pre – Nuptial Agreement?  2.     Where has the idea come from  3.     What are the views of PRE – NUP in India?  4.     Pre – Nup and Personal laws  5.     Pre – Nup and MOU  6.     Requirements for a Pre – Nup Read More

CHILD ADOPTION LAW IN INDIA- A STEP BY STEP GUIDE

Neha Roy

CHILD ADOPTION LAW IN INDIA – A STEP BY STEP GUIDE   Children are believed to be a cluster of joy and the future of the country depends on them. Meanwhile children born in India are being pampered, taken care of and given all the necessities for their all-round development, whereas on the other hand there are over 60,000 children being abandoned per year in India. It is a very sad state that in some cases, these children become victims of human trafficking and sexual violence cases, whereas in many fortunate cases children are taken to an adoption agency and they may hope for a better life while waiting to get adopted. In this blog, I shall discuss about the child adoption law in India and its step by step guide. WHAT IS ADOPTION? The permanent legal transfer of all parental rights from one person to another person or couple is called Adoption. There is no difference between the rights of adoptive parents and the biological parents and an adopted Read More

PROPERTY PARTITION IN INDIA - LAWS AND TRADITION

Sayaree Ganguly

PROPERTY PARTITION IN INDIA- LAWS AND TRADITION   Partition of a property means bringing the joint status to an end. On Partition the joint family ceases to be joint, and nuclear families or different joint families come into existence.  Under the Dayabhaga school, when coparceners Partition, it means the division of property is done in accordance with the specific shares of the coparceners since the Dayabhaga coparceners have ascertained and specified shares.  Whereas under the Mitakshara school, Partition of property does not necessarily mean division of property into specific shares, it also means division of status or severance of status or interest. It is because the interests of the Mitakshara coparceners is unspecified. Thus, under the Mitakshara school, partition means two things:   1. Severance of status or interest   2. Actual division of property in accordance with the shares so specified. It is also known as partition by Read More

HOW TO FILE A PARTITION SUIT IN INDIA [A STEP BY STEP GUIDE]

Shreyash Mohta

HOW TO FILE A PARTITION SUIT IN INDIA   In this blog I shall be discussing about the process and procedure to file a partition suit in India. Who can file a partition suit? What are the documents required while filing a partition suit? Time taken to file a partition suit. Court fee required. The following topics shall be covered  1.     What is partition  2.     What is the governing law related to partition? 3.     Who can file a Partition Suit? 4.     What are the documents required to file a partition suit? 5.     Is there any Limitation Period in a partition suit?  6.     What are the procedure and process to file a partition suit in India?  7.     What is the time taken to file a partition suit? 8.     What is the Court Fee Read More

ARTICLE ON TRIPLE TALAQ

sahista aslam

Talaq(divorce) Marriage is one of the most significant things in a person’s life which binds an individual into one but sometimes it becomes difficult to continue that marriage and people search for relief, then their comes talaq or divorce, a solution through which a person can break the bond and live separately. Talaq means ‘repudiation’ of marriage. Talaq is not liked by the almighty and he discourages it, talaq is a sin which is unforgivable in the eyes of Allah. However, in some situations it becomes impossible to continue the marriage between the husband and wife and it is only then that the Holy Quran provides the procedures to be followed for the dissolution of marriage in a generous manner that too with a possibility of revocation of the same.  DISSOLUTION OF MARRIAGE PRACTICE BY MUSLIMS:- Dissolution of marriage means “putting the marriage to an end”. There are two legal ways to end a Read More

Marriage with a foreigner

Sayaree Ganguly

Marriage with a foreigner   Marriage is considered as a sacred institution. It is an integral part of Indian culture. Religion and caste exert a lot of influence on the marriage institution . Parents mostly choose a potential bride / groom for their children from the same religion and caste as theirs. Until now some states forbid inter caste marriages. The caste system is very rigid in India and it is mostly expected by our society that a young adult should marry from the same caste. The people who deviate from this norm are seen as an outcast in the society.   In view of the Indian Parliament the Special Marriage Act was promulgated in the year 1954 to streamline the process of marriage . The Act also provides a special form of marriage for the Indian masses regardless of their religion and caste, as well as for other nationals residing in India. This article will mostly take a look at the Special Marriage Act for wedding tradition and necessary Read More

How to file consumer case for online shopping

Neha Roy

HOW TO FILE A CONSUMER CASE FOR ONLINE SHOPPING   Online shopping is the activity of buying and selling of goods over Internet. Online shopping is the most preferred way of shopping today because of its convenience and easy access. Also, people get more variety and options in online shopping.   In this blog, I shall discuss the details about the consumer rights and awareness and also how to file a consumer case for online shopping. Let us first discuss the basic details: - 1.    Who is a Consumer? 2.    What is Consumer Awareness?  3.    Consumer Rights 4.    Responsibilities of a Consumer   WHO IS A CONSUMER?  A consumer is an individual who purchases goods and services for own consumption and not for resale. He/ She makes his/ her own decision on whether to buy an item or not and is influenced by advertisement and Read More

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