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Domestic Violence and Abuse

Are domestic violence and abuse one and the same?Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.  Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are abused verbally and emotionally. The crux of the matter is that abusive manners are not acceptable for anyone without exceptions. One deserves to be valued, honored, and feel safe and secure.Domestic abuse could be potentially escalating to outright violence from what starts as mere threats and verbal slur. Although the danger of physical injury owing to domestic violence looms and lurks as the obvious danger, the consequences of emotional and psychological abuse are the starkest. Emotional abuse for one’s self-worth can be destructive, lead to or cause anxiety and depression, and make one helpless and lonely. Not even one’s enemy should undergo similar pain. One’s first step is to break the shackles of an abusive and possibly violent relationship as one should not have to endure the excruciating pain of such a relationship. A step in the right direction in such situations is not to be in a state of denial that one is indeed in an abusive relationship. Signs of an abusive relationshipThere are various pointers of an abusive relationship, and the most telling one is fear of one’s partner. If one feels as though one has to walk on eggshells; whatever one says or does is under the scanner to avoid a blow-up—chances are one’s relationship is abusive and unhealthy. Included among other signs are a partner belittling or controlling the other partner and the other partner driven to the point of self-loathing, helplessness, and desperation.Emotional abuse: It’s a bigger problem than you thinkPhysical violence is not a part and parcel of an abusive relationship at all times.  Simply because one isn’t bruised and battered doesn’t necessarily mean one is not in an abusive relationship. Men and women alike suffer from emotional abuse, which is as destructive as physical abuse. Unfortunately, emotional abuse is often underrated or overlooked even by the victim.The intent of emotional abuse is to chip away at one’s feelings of independence and self-worth leaving one feeling defeated or have that defeatist mentality of succumbing to one’s abusive partner as there is no light at the end of the tunnel.  Abusive behavior is a choiceNotwithstanding what the beliefs of many people are, domestic violence and abuse do not occur because of an abuser losing control over their normal behavior. As a matter of fact, abusive and violent behavior is a choice made on purpose for gaining control. A variety of tactics are used by perpetrators for exerting their power and manipulating their victims.Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

2 days ago

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Advice on Divorce

Advice for Women who get DivorcedBeing a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.  Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts and monthly bills.Income apart – It’s a blunder ignoring marital properties and assets including jewelry, car, and insurance policies. All these assets effectively provide financial support while ascertaining alimony and child support. Wives ought to monitor their husband’s stocks and mutual funds investments. Nonetheless, Indian women aren’t aware of what their rights are and are oftentimes fooled by their scheming husbands. Indian women ought to track all the resources of their husbands and not have any feelings of guilt for spying.Maintenance – While one is getting ready for divorce, and in the process, a lawyer is hired, it will burn a hole in the pocket quicker than one may realize. Although one’s family may be supportive, it’s always a good idea to inquire about the maintenance from the courts. In India, it's not  much about fulfilling the needs of a divorcing woman than it's about other aspects including the husband’s willingness to cooperate. Indian law nonetheless has provisions for the maintenance of Indian women while they may await divorce.One’s contribution should be valued – Oftentimes women get emotionally as well as financially attached to their home as they get involved in the building of it. However, they may lose it all once one’s marriage is falling apart. According to Hindu law, women have the right to not part with items both moveable and immoveable, to herself even after the marriage has fallen apart.Evidenced Communication – It's absolutely vital to ensure that any sort of communication written and unwritten such as letters and phone calls are recorded to present as evidence in a court of law strengthening one’s case against one’s husband. If any sort of threat or abuse is recorded through verbal and/or non-verbal communication then that would further strengthen a female spouse’s case against her male spouse. Indian women, however, typically are deeply respectful towards their husbands and their families and owing to the entrenched belief that dragging the family name in court would amount to slander on the honor of her husband’s family, oftentimes they refrain from resorting to taking appropriate retaliatory measures. Indian women ought to bear in mind that once divorced they would break all ties with her former husband’s family and therefore they ought to worry less about her ex-husband’s family and think more about starting a new life.  Be Independent – The vast majority of Indian women quit their jobs once they get married; that is assuming they had a job prior to marriage. It could very well be that they did not pursue a career even before marriage, however, that is a highly unlikely occurrence these days. There are also instances of women giving up their careers to cater to the needs of their husbands or society or family. As and when women are at crossroads they ought to reevaluate their options and opt for resuming their career by brushing up their talents and skills that one believes one can earn one’s bread. Working in addition to giving financial independence, which is a major advantage. Many doors would open as women start working as they can find a roof over their heads. Women ought to accept the financial support of their family temporarily if it's offered.Oftentimes women are distraught at the thought of getting divorced and think more with their heart than their head. In other words, they fail to think rationally and rather tend to think emotionally. As an upshot, the impending or upcoming divorce is neglected and as a result, they are wholly unprepared until they are both financially and emotionally ruined. A divorce can be stressful as well as emotionally and financially taxing on any woman. Therefore ensuring that one has adequate financial support once divorced.?Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

2 days ago

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Consult Top Motor Accident Lawyers in India

Ved prakash  Shaw

Ved prakash Shaw

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Motor Accident
  • Cheque Bounce
  • Contracts And Agreements
  • Family
  • Employment And Labour
Total Answers Given : 132
Biswajit  Das

Biswajit Das

Advocate
Exp
Nalbari , Assam

Specialization

  • Motor Accident
  • Criminal
  • Bankruptcy And Debt
  • Landlord And Tenant
  • Contracts And Agreements
With warm Regards, I am Biswajit Das, my principal place of practice is Gauhati High Court. Practicing in the field of Criminal and Civil Law, writs, constitutional Law, service matters, company matters, Cheque bounce cases, Domestic violence matters, Bank Debts matters,MACT matters. View Full Profile
Total Answers Given : 15
ANIL KUMAR PC

ANIL KUMAR PC

ADVOCATE
Exp
Ernakulam , Kerala

Specialization

  • Motor Accident
  • Cyber, Internet, Information Technology
  • Banking
  • Cheque Bounce
  • Consumer Protection
'Standing counsel of a Government Company in the High Court of Kerala ,with proven efficiency to handle all types of Cases in High Court and other Courts. Able to handle any sort of cases to render justice to the clients.We are experts in Cyber and telecommunication laws View Full Profile
Total Answers Given : 10
Rajeev  Srivastava

Rajeev Srivastava

Senior Advocate
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Motor Accident
  • Civil
  • Criminal
Practising since 1984. I am having good experience in handling the cases related with Crime, Matrimonial, accident claims, workmen compensation claims . Real estate disputes, Insurance cases, and consumer cases View Full Profile
Total Answers Given : 10
Adv. Jamal Sait

Adv. Jamal Sait

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Motor Accident
  • Cheque Bounce
  • Civil
  • Criminal
  • Bankruptcy and Debt
I am an Advocate practicing primarily before Hon'ble High Court of Karnataka and courts sub-ordinate to it. My specialization is in both criminal, famil and civil law. I have independently argued various nature of cases ranging from Bail Petitions, Suit for Declaration and Injunction etc View Full Profile
Total Answers Given : 9
Gurveer  Singh

Gurveer Singh

Advocate
Exp
Patiala , Punjab

Specialization

  • Motor Accident
  • Criminal
  • Banking
  • Family
5 year Experience in criminal, civil, service matters,matrimonial disputes etc cases View Full Profile
Total Answers Given : 7
Varun  Vij

Varun Vij

Owner and Founder
Exp
Mumbai City , Maharashtra

Specialization

  • Motor Accident
  • Civil
  • Banking
  • Consumer Protection
  • Domestic Violence
Advocate engaged in independent practice across various courts in Mumbai. I have experience in dealing with civil, testamentary, family and consumer matters. I am open to learning in order to explore and cater other areas too. I believe in providing holistic experience and promote collaborate. View Full Profile
Total Answers Given : 6
VLN  Prasad

VLN Prasad

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Motor Accident
  • Corporate and Incorporation
  • Cheque Bounce
  • Cyber, Internet, Information Technology
  • Arbitration and Mediation
Total Answers Given : 6
 SUMER  JAIN

SUMER JAIN

ADVOCATE
Exp
Central Delhi , Delhi

Specialization

  • Motor Accident
  • Family
  • Criminal
  • Cheque Bounce
  • Divorce
I am having experience in civil law, criminal matters, arbitration, environment matters, commercial, civil matters. I have cleared the all India bar examination and I am eligible to practice pan India. I had even represented government as well as private clients, individuals as well as companies. View Full Profile
Total Answers Given : 5
Prashant  Gupta

Prashant Gupta

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Motor Accident
  • Cyber, Internet, Information Technology
  • Human Rights
  • Administrative Law
  • Commercial
I am practising Lawyer before Hon'ble High Court of Punjab and Haryana Chandigarh and Various Tribunals and Lower Court at Chandigarh ,Panchkula and Mohali. My post qualification experience is 10 Years. View Full Profile
Total Answers Given : 3
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  • What is Motor Accident Laws?
  • What is the need for Motor Accident Laws?
  • How is Motor Accident Laws legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Motor Accident Laws related queries and also guide you on how to resolve this matter with ease.

About the Motor Accident Laws


Due to a congestion of cars coupled with neglectful negligence has led to a rise in road accidents. Road accidents are caused due to multiple factors like faulty vehicle, faulty roads, the road user, and so on.

Regularizing and Legal Recognition of Motor Accident Laws


The major legislation in this topic is The Motor Vehicles Act 1988.

As per the 7th Schedule of the Indian Constitution, India has a list system according to which the jurisdiction of legislating on certain matters is enumerated. As per Entry 23 of List A to the Seventh Schedule, the subject of motor vehicles is regulated by the Central Government.

There is a Union Ministry of Road Transport & Highways. The transport wing of this ministry regulates issues related to road transport which is inclusive of motor vehicle legislation.

Some of the laws that are related to the topic are:

  • The Carriage by Road Act 2007
  • The Motor Vehicles Act 1988
  • The National Highways Act 1956
  • The National Highways Authority of India Act 1988
  • The Control of National Highways (Land and Traffic) Act 2002
  • The Multimodal Transportation of Goods Act 1993
  • The Fatal Accidents Act 1855
  • Indian Penal Code 1860

Some important facts and cases about and under Motor Accident Laws


The Motor Vehicles Act is applicable to the whole of India. It talks about matters related to the maximum time for which a motor vehicle might be used. Section 59 of the Act gives the power to fix the age limit of a motor vehicle. Central government has the power to make rules as per Section 110, and Section 111 confers the power on State Governments to make certain rules.

The speed limit is dealt with under Section 112 of the Act. Various types of offences re recognised as per the Act, to list a few are Sections3-6, 23, 36, 112, 129, 185, 189, and so on. Section 129 is with respect to the usage of protective head gear. Section 185 is with respect to a drunken person driving or a person under the influence of drugs in charge of a vehicle.

Due sensitization of the automobile engineers and those connected with sale, servicing and maintenance of vehicles to the provisions of the Motor Vehicles Act 1988 is a functional necessity. Section 304A of the Indian Penal Code confers criminal liability for the rash and negligent acts of a driver. A man who is driving or riding holds a definitive obligation to control his vehicle. Such a man is prima facie blameworthy of negligence if his vehicle dashes into something or somebody unless he has motivation to clarify that he made every effort to monitor the vehicle however the mishap was inescapable. This rule was set up in the milestone case of Ratlam v.s Emperor.

On account of Chintaram v.s State of Madhya Pradesh, the deceased was strolling on the widely appealing so the blamed was driving by the left for the street endeavouring to keep a separation from her. At the point when the accused reached near the perished she suddenly took a left turn and got struck by the cruiser. For this situation, the accused was not careless. The whimsical choice of the casualty did not give any sensible time to the motorcyclist to maintain a strategic distance from her so he was acquitted.

Some other provisions of the Indian Penal Code which deal with the subject of Motor Accident Laws are Section 279, 336 to 338, 427, etc.

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