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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


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


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


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


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


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


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


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


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


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

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