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How does Divorce affect Children's Academic Performance?

Avik Chakravorty

Children of any social or economic status are negatively impacted by a divorce. The divorce process can be antagonistic and the fallout is that children are the worst sufferers in the middle of what may seem like a disaster. Kids are in fact far more deeply affected by divorce than what was thought of originally.    It’s a well-known fact that children are emotionally affected as a result of a divorce. Research reveals all children are not equally affected as a result of a divorce.   How Divorce Affects Children  There is a negative impact of divorce on each and every family member and children, in particular, are the worst sufferers. Incidentally, newest research reveals children from richer families are far more adversely affected in terms of education following a divorce.  The Impact on Children  Eventually, this data has proven that children regardless of their backgrounds are affected by the ill-effects of divorce. Read More

Entitlement of The Easement for Homebuyers

Avik Chakravorty

The right of easement is a well-established right since time immemorial. An easement is essentially an entitlement to a certain land that the owner or occupier possesses and thereby derives benefit from the piece of land to either do and keep on doing something or to hold back and continue to hold back someone from doing something on another piece of land that may not be one’s own.  In legal terms, the right to the beneficial enjoyment of the land is known as the dominant heritage and the owner or whoever is the occupier is the dominant owner. The imposition of liability on the land is known as the servant heritage, and the owner or occupier is known as the servient owner.  The term easement according to The Indian Easements Act, 1882 is an entitlement that is in possession of the owner or occupier of land possesses to derive benefit and enjoy the land by doing and continue doing something or obstruct someone from doing something on a piece of another land. It's Read More

Divorce at the drop of a hat and the numbers are staggering

Avik Chakravorty

Marriage is an institution that has been undergoing sweeping changes as couples united in matrimony have been continually redefining the concept of marriage. Society's way of dealing with marriage and its outcome has undergone changes in its entirety. As far back as only a decade ago marriage was held sacred and there weren't as many marriages heading for divorces as is the case these days. Its indeed a reality check for anyone with a conservative view of marriage that lasted ‘until death do us part’ to hear about marriages falling apart and at alarming rates. As much as the people with conservative viewpoints are scandalized by the sea change in the concept of marriage nonetheless keep mum for fear of stoking a contentious issue.    Marriage’s purpose or intention is creating a bond among individuals and in turn among families and thereby create an even larger consortium of friends and family and, admittedly, to initiate the progeny perpetuating the name of Read More

How to challenge an Arbitration Award

Neha Roy

ARBITRATION AWARD What is Arbitration? The process to resolve dispute outside the court is known as arbitration. Arbitration is a form of alternative dispute redressal (ADR) in which a dispute is submitted by the agreement or will of both the parties to arbitrators who make a binding decision on the dispute. In this process the parties prefers private dispute resolution procedure over going to the court for settling of disputes. What is an arbitration Award? The award guaranteed by the arbitrator in their decision is called as arbitration award. The award can be in the form of money which one party is liable to pay to the other party or can also be in a form of non-financial award such as adding on an employment incentive or stopping a particular business practice, etc.  Setting aside Arbitral Award The parties do not have the rights to appeal against arbitral award as to its merits and also the court cannot interfere on its merits. The Supreme Court Read More

TRIPLE TALAK AND THE NEWLY FORMULATED LAWS

Neha Roy

TRIPLE TALAK AND THE NEWLY FORMULATED LAWSTriple talak has always been a debatable and a controversial topic. Despite of new laws coming up for the protection of Muslim women, there are still people in the community who believe that Triple Talak should not be banned and still continues the practice. In this blog I shall discuss about Triple Talak and the its aspects. My blog contains the following topics:- ·        What is Triple Talak ·        Forms of Talak ·        Triple Talak in India ·        Legal Ban on Triple Talak ·        Judgement ·        Legislation  WHAT IS TRIPLE TALAK? Triple Talak is basically a form of divorce that was practiced in India which allowed a Muslim man to legally Read More

What is Live in Relationships and its benefits for Women

Satish Kumar

A man and a woman not married, but having a live-in relationship is enough for the woman who is entitled to maintenance under the Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled to get maintenance. The woman has to show that though there was no marriage but the relationship was in the nature of marriage. Having sexual relations with a woman frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients:- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a Read More

Laws for Partition of property in India

Avik Chakravorty

The Partition Act (1893) authorizes one of claiming entitlement over his/her shares. The article essentially focuses on the underlying laws that are the guidelines of the division of property in India and the actions one may take in dealing with contentions over partition seamlessly and effectively.  The physical partition of any property is executed according to the property’s Partition Deed ensuring each family member gets his/her fair share. Based on the Property Law in India, when the rules of the partition of property aren’t followed or if an amicable settlement is a far cry, a court case may ensue for resolution of contentions. The law also mentions the inheritance of property through the male lineage of up to four generations.  Nonetheless, up until the amendment of the Hindu Succession Act, 1956 in 2005, there were separate property partition laws for sons and daughters.  Newest Property Law in India mentions a girl child regardless of Read More

The travails of LGBTI equality in India

Avik Chakravorty

The premise of human rights is rooted in the essence of it that every human being is to be treated equally with dignity without any prejudices. Anything undermining that dignity is considered an infringement of the very essence of equality and is the surest way to discrimination.  The lesbian, gay, bisexual, transgender and intersex people, in particular, have been shunned and even had to endure isolation for their abnormal lifestyles.  (LGBTI) also, have human rights much like the human rights of anyone else and its increasingly under the scanner as there is a lot of social activism around it globally as LGBTIs are wrangling for their human rights.   In the vast majority of countries in recent times, there have been groundbreaking progress including adopting new legal safeguards in this area. According to the preamble to the Indian Constitution, all forms of justice including social, economic, and political equality of status is mandatory for Read More

Divorce Laws in India Revisited

Avik Chakravorty

The recognition of the legal or formal union of two people as partners in a personal relationship is marriage and when a marriage is legally or formally ended the legal or formal ending of a marriage is divorce.  Couples going through divorce are quite perturbed by the ensuing events during and aftermath of a divorce. The entire separation procedure beginning with having to deal with emotional trauma to contesting in the blasted courts to get a divorce decree is undoubtedly a traumatic event and for one to overcome and recover may take a very long time.   Nonetheless, with laws and social awareness progressing, it has resulted in the simplification of the divorce process in India aiding couples to get relief from rocky relationships.    In India, both marriage and divorce take place according to personal laws and personal laws are aligned to the people’s religion. Marriage and divorce would be according to the Hindu Marriage Act, 1955 for Hindus, Read More

Adoption Hitches

Avik Chakravorty

Adoption these days is no big deal as the adopted child hardly ever wants to know who his /her biological parents is. It’s an agonizingly trying time during this period of life which is most crucial for any adoptive parent. However, the fact of the matter is that numerous issues crop up in the tender child’s mind as and when they realize that they are adopted.    Although an adopted child has the right to tracing one’s own identity and look for his/her birth parents once the child is 18 years old, the burning question though is whether he/she would be elated after tracing them.  The other questions at the forefront are whether one would easily accept one’s birth parents and deny the affection of foster parents. The child may feel guilty which in turn may lead to grief which may be evident in the child’s entire life further resulting in the child falling prey to emotional trauma and being mentally unstable knowingly or unknowingly. This leads to Read More

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