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ARTICLE ON 498A

sahista aslam

INTRODUCTION Marriage is one of the most significant things in a person’s life which binds an individual. It is a social institution where both the spouse has a responsibility to take care and maintain each other. But with marriage comes a burden called ‘dowry’; this is one of the social evil’s which is not new to the society and still exists. Dowry is the reason, because of which women get killed, harassed, divorced and suffers cruelty both physically and mentally. To ensure the safety of women which they suffered behind the walls of their matrimonial house, the Indian penal code, 1860 was amended in the year 1983 and inserted section 498A which deals with the cruelty of husband and his relatives on the wife. In India matrimonial cruelty is a cognizable, non bailable and non-compoundable offence, which is defined U/S 498A of The Indian Penal Code 1860 in chapter XXA.  WHAT IS 498A? 498A of The Indian Penal Code is an Indian law; it was inserted in Read More

HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA?

Sayaree Ganguly

HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA ?  After a sudden demise of a family member, his/her legal heirs must obtain a legal heir certificate in order for transferring the assets of the deceased. In order to establish the relationship between the deceased and his/her legal heirs legal heir certificate is a very important document. After obtaining the death certificate from municipality/ municipal corporation, it is necessary for the successors to apply for this legal heir certificate in order to claim their right over the properties and dues of the deceased person. Generally, a lawyer helps to draft and register a legal heir certificate.    WHO ARE LEGAL HEIRS?   The persons hereinafter mentioned are considered to be the legal heirs and can claim a legal heir certificate in India :   1. Parents of the deceased  2. Siblings of the deceased   3. Spouse of the Read More

MATERNITY BENEFITS AND THE NEW CHANGES

Neha Roy

MATERNITY BENEFITS AND THE NEW CHANGES.   Maternity relates to a state of being a mother. Maternity leave is given to a woman who is pregnant and is allowed to be absent from work in the weeks before and after she gives birth to a child. In this blog, I shall be discussing about the maternity benefits and the new changes that has been introduced in the present era. INTRODUCTION  Today there are plenty of women employees ballooned within the markets in India. It was obvious and the need for maternity benefits became an increasingly common trend which is initiated for the well- being of the mother and her child. It was in 1961, that the Maternity Benefit Act 1961, which aimed at regulating equal benefits for women employees was passed by the then Indian Government. There were several international organizations which recommended a maternity leave for minimum 24 weeks for the welfare of both the mother and the child.  THE AMENDMENT The Maternity Read More

THE LEGAL VALIDITY OF MOU IN INDIA

Shreyash Mohta

 In my previous blogs, I have explained about MOU [better known as MEMORANDUM OF UNDERSTANDING] and how does it work. Also, that a Memorandum of Understanding or “MOU” is used at a variety of places starting from business, divorce, partnership firms, companies, familial relationships, government organisations, between Foreign and Indian Nationals etc.  It is the general notion that a “MOU” is non biding and has got no legal validity in India. In my present blog, I shall discuss about another unanswered question which have had contrasting views and try to discuss each aspect and then conclude and comment upon the validity of “MOU” in India.  The basic stressing areas shall include the following 1.     Introduction to the validity of “MOU” 2.     Legal position of “MOU” in Indian Law 3.     Enforceability of “MOU” a.      In Read More

CHILD CUSTODY LAWS IN INDIA

Neha Roy

CHILD CUSTODY LAWS IN INDIA.  INTRODUCTION  After a marriage breaks down or ends up in separation of spouses, the person who gets affected the most is the children who is born out of the marriage. Thus, while keeping in mind the right of parent’s to the custody of a child, the Indian Law, holds the child’s welfare as the most crucial factor of consideration while deciding upon who gets the custody of a minor child. WHICH FACTORS CONSTITUTE WELFARE OF A CHILD There are three factors which constitutes the welfare of the child:- ·      Ethical upbringing of the child ·      Safe-keeping of the child ·      Good education to be imparted ·      Economic well-being of the guardian WHO HAS A RIGHT ON MINOR CHILD AFTER DIVORCE? Both the parents have an equal right to the custody of a child. However, who gets the Read More

Difference between Civil Defamation and Criminal Defamation.

Sayaree Ganguly

DIFFERENCE BETWEEN CIVIL DEFAMATION AND CRIMINAL DEFAMATION.  Next to life, man cares most for his reputation. Sometimes, we find an individual giving it the foremost place, preferring death rather than living a life of ignominy and disgrace. Reputation is thus in fact a great internal force in the mind of every man, impelling him to do great things. On a careful analysis of the human mind, one will find this element of longing for name and reputation as the basic motive of most actions.  Rightly, law gives protection to a man’s reputation, as it gives protection to his property and life. Before we go deep into this topic, let us first concentrate on the topic of defamation and what it is.   WHAT IS DEFAMATION?  Defamation is actually the injury to the reputation of a person. If any person injures the reputation of another, he does so at his own risk, as it is in the case of an interference with the property. If defamation occurs in spoken words or Read More

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

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