Menu
keyboard_backspace

Get Expert Advice Online
from Top Lawyers
in India

Read Blogs to get more Insights

Uniform code needed for Adoption Laws in India

If one is compassionate enough to adopt a child one must be fearless. In other words, fear of adoption cannot be a hindrance to actually going ahead and adopting a child.The Hindu religion believes that a biological offspring alone is the legitimate natural child and the second child is the adopted child which is deemed wrong. Besides, the myth that prevails in society is that people are inclined to believe that a boy is preferred more than a girl. CHANGES OF ADOPTION IN 19TH CENTURYIn the 1950s, there were agencies easing the adoption process as at the time child adoption was a long drawn and arduous process taking anywhere between 3 and 5 years. Children were discriminated against because of the color of their skin. Subsequently, all of these things altered as many white parents began adopting black kids and gradually the adoption process accelerated.CHILD ADOPTION LAWS IN INDIAHindu Adoption and Maintenance Act, 1956 is for Hindu, Jain, Sikh, Buddhist communities and parents of these communities are eligible for legal adoption of a child with sweeping rights granted to the children to inherit the property. The one and the only drawback is that the sex of an adopted child cannot be the same as that of the biological child. There have been tremendous improvements in the adoption laws but lack of uniform code has resulted in many childless couples not being able to adopt a child. If these couples were to be permitted to adopt a child then it's unimaginable the number of children that would have a window to a better life including a bright future without any gender bias in the adoption of a child. Parenthood is essentially about love, not so much about DNA.Call 7604047601 for a consultation with registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

17 hours ago

Go to Blog

When Can A Muslim Wife File A Suit For Judicial Di...

All Muslim marriages must be in compliance with Muslim personal law. The original concept of Divorce has undergone sea changes after the Dissolution of Muslim Marriage Act, 1939 was enacted. Conforming to this Act the concept of judicial divorce emerged in the context of Muslim marriages empowering women to file for divorce which previously was solely the prerogative of Muslim men in a male-dominated society.Lawyer’s definition of judicial divorce is essentially taking legal action to put an end to the matrimonial bonding between partners. According to Muslim Personal law the husband is empowered in whimsically divorcing his wife. Conversely, a Muslim wife isn’t equally empowered to file for divorce nonetheless she can get divorced on the basis of Khula akin to mutual consent divorce. As far back as in the year 1939 the concept of judicial divorce emerged as the Dissolution of Muslim Marriage Act, 1939 was enacted. With the passing of this Act, the provisions of Muslim law related to marriage dissolution suits were consolidated and clarified. This Act underscores the fact that the wife can file for divorce but not the husband. Grounds for decree for dissolution of marriage A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known for a timescale of four years; (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv)that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v) that the husband was impotent at the time of the marriage and continues to be so; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;(viii) that the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (d) obstructs her in the observance of her religious profession or practice, or (e) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: Provided that  (a)no decree shall be passed on ground (iii) until the sentence has become final; (b)a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c)before passing a decree on ground (v) the Court shall, on application by the husband, made an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.Effect on DowerThere will be absolutely no effect on the Muslim women rights, as per the Muslim Personal Law, to dower and the provisions of the Dissolution of Muslim Marriage Act,1939 will not make any difference.

Posted By

Avik Chakravorty

19 hours ago

Go to Blog

{{ item.userName }}

{{ item.review }}

{{ item.createdOn }}

Ansari Solicitor Firm

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Solicitor & Advocate at Gujarat High Court

Practicing Court

: Gujarat High Court

Location

: Gujarat, Ahmedabad

State Bar Council

: Gujarat

Reviews & Ratings(View Reviews)

Understanding requirements and offering legal services within the framework of the law; founded in 2006 for local and global clientele. We conduct high-stake litigation and solicitation along while providing legal opinions and better pleadings with due diligence.

Professional Summary

Understanding requirements and offering legal services within the framework of the law; founded in 2006 for local and global clientele.

We conduct high-stake litigation and solicitation along while providing legal opinions and better pleadings with due diligence.

Contact us: http://ansarisolicitorfirm.com/reach-us/

LinkedIn: https://www.linkedin.com/in/ansari-solicitor-firm-24553056/

Facebook: https://www.facebook.com/ansarisolicitorfirm/?modal=admin_todo_tour


REPORTED CASES:


1.A.S.Supehia, J.(2019-AIJ(DG)-1-156, 2019-GLH-1-693) Decided on :- 15/2/2019)

Mohmadmohsin Mohmadirfan Chhalotiya Vs. State Of Gujarat

Indian Penal Code, 1860;S.186;S.189;S.506(1); Code Of Criminal Procedure, 1973;S.195(1)(a);S.482;


2.J.B.Pardiwala AND A.C.Rao, JJ.(2019-CrLJ-0-2455, 2019-JX(Guj)-0-89) Decided on :- 14/2/2019)

Babubhai Kamjibhai Pargi Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.374; Indian Penal Code, 1860;S.300;S.302;S.304;


3.A.S.Supehia, J.(2019-ACD-0-273, 2019-JX(Guj)-0-3) Decided on :- 11/1/2019)

Nilesh Panchal-chief Director Vyogiswami Financial Consultants Ltd Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.482; Negotiable Instruments Act, 1881;S.138;S.141;


4.P.P.Bhatt, J.(2017-DrugsCases(DC)-2-88, 2017-AIJEL_HC-0-239533) Decided on :- 30/8/2017)

State Of Gujarat Vs. Bharatbhai @ Bharathussain Mangilal Chaudhary

Code Of Criminal Procedure, 1973;S.378; Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954;S.3(d);


5.Akil Kureshi AND Biren Vaishnav, JJ.(2017-RCR(Cri)-3-953, 2017-JX(Guj)-0-668) Decided on :- 11/8/2017)

Samir Sirajbhai Pathan Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.378; Indian Penal Code, 1860;S.302;S.307; Evidence Act, 1872;S.3;S.27;


6.J.B.Pardiwala, J.(2017-JX(Guj)-0-268, 2017-AIJEL_HC-0-237438) Decided on :- 19/4/2017)

Joginder Singh Juneja Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.482; Negotiable Instruments Act, 1881;S.138;S.141;


7.G.R.Udhwani, J.(2017-CLR-2-169, 2017-FLR-154-288) Decided on :- 9/2/2017)

Umar Mohammed Aref Barkat Vs. Express Limited

Constitution Of India;Art.226;


8.Akil Kureshi AND Mohinder Pal, JJ.(2016-JX(Guj)-0-640, 2016-AIJEL_HC-0-235447) Decided on :- 28/1/2016)

Laboni Sakhi Mandal Vs. Union Of India

Gujarat Fisheries Act, 2003; Ancient Monuments And Archaeological Sites And Remains Act, 1958;


9.K.S.Jhaveri, J.(2015-JX(Guj)-0-1050, 2015-AIJEL_HC-0-233683) Decided on :- 18/12/2015) Cited :- 1 Times

Asif Gulamnabi Munshi Vs. State Of Gujarat

Indian Penal Code, 1860;S.406;S.420;S.467;S.468;S.120B; Code Of Criminal Procedure, 1973;S.482;


10.J.B.Pardiwala, J.(2016-GLR-1-652, 2016-CrLJ-0-311) Decided on :- 8/10/2015)

Chandrkantbhai Bhaichandbhai Sharma Vs. State Of Gujarat

Constitution Of India;Art.227; Code Of Criminal Procedure, 1973;S.408;S.407;S.409; Indian Penal Code, 1860;S.147;S.148;S.149;S.364A;S.120B;S.447;S.342;S.506(2);


11.Anant S.Dave AND S.H.Vora, JJ.(2016-GLR-1-300, 2015-CrLR(Guj)-0-616) Decided on :- 7/7/2015) Cited :- 1 Times

Bijal Jagabhai Bambhva, Bharvad Vs. State Of Gujarat

Indian Penal Code, 1860;S.489A;S.489D;S.120B; Evidence Act, 1872;S.27; Code Of Criminal Procedure, 1973;S.215;S.264;


12.Jayant Patel, M.R.Shah AND K.S.Jhaveri,JJ.(2015-GLR-1-703, 2015-GLH-2-132) Decided on :- 3/12/2014) Cited :- 1 Times

Vijaysinh @ Gatti Pruthvisinh Rathod Vs. State Of Gujarat

Constitution Of India;Art.21;Art.22;Art.226;


13.S.G.Shah, J.(2014-GLR-5-4154, 2015-CrLJ-0-388) Decided on :- 17/9/2014)

Mahammad Gufran Vs. State Of Gujarat

Arms Act, 1959;S.25(1);S.3;S.3(4); Constitution Of India;Art.22(5); Right To Information Act, 2005;S.3;


14.S.G.Shah, J.(2014-JX(Guj)-0-658, 2014-AIJEL_HC-0-231643) Decided on :- 23/7/2014)

Allahrakha Mohammedbhai Multani Vs. Mohammed Irshad Alias Mulla Daulatbhai Ghanchi

Bombay Police Act, 1951;S.135(1); Code Of Criminal Procedure, 1973;S.437;S.439; Indian Penal Code, 1860;S.302;S.201;S.404;S.120B; Bombay Police Act, 1951;S.135(1);


15.M.R.Shah AND S.H.Vora, JJ.(2015-GLH-1-566, 2014-JX(Guj)-0-1035) Decided on :- 11/7/2014)

Shahrukhkhan Abdulraufkhan Babankhan Pathan Vs. Azaruddin Valiuddin Saiyed

Constitution Of India;Art.226;Art.21; Code Of Criminal Procedure, 1973;S.273; Indian Penal Code, 1860;S.302;S.324;S.506(2);


16.K.S.Jhaveri AND A.G.Uraizee, JJ.(2014-JX(Guj)-0-506, 2014-AIJEL_HC-0-231486) Decided on :- 3/7/2014)

Imtiyas Majidbhai Chhavad (Aada) Meman Vs. State Of Gujarat

Indian Penal Code, 1860;S.302;S.114;S.324;S.325;S.188;


17.N.V.Anjaria, J.(2014-DC(Narcotics)-1-174, 2014-AIJEL_HC-0-233564) Decided on :- 28/3/2014)

Hanif @ Bholu Noor Mohammad Shaikh Vs. State Of Gujarat

Narcotic Drugs And Psychotropic Substances Act, 1985;S.8(c);S.20(b)(ii)(b);


18.G.B.Shah, J.(2014-GLR-2-992, 2014-AIC-140-538) Decided on :- 31/7/2013)

Kalapi Developers Vs. Pratham Realty Private Limited

Constitution Of India;Art.227; Negotiable Instruments Act, 1881;S.138; Code Of Civil Procedure, 1908;Or.37R.1;


19.K.M.Thaker, J.(2013-JX(Guj)-0-245, 2013-AIJEL_HC-0-229477) Decided on :- 25/2/2013)

Dilipkumar Rajaram Kosti Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.482;S.125; Indian Penal Code, 1860;S.498A; Protection Of Women From Domestic Violence Act, 2005;


20.G.B.Shah, J.(2013-JX(Guj)-0-4, 2013-GLHEL_HC-0-228973) Decided on :- 24/1/2013) Cited :- 1 Times

Renu Purshottam Mandovara W/o Dinesh Ramjas Shah Vs. Chetan Aashram Enani

Code Of Civil Procedure, 1908;S.24;


21.M.R.Shah, J.(2012-GLH-2-234, 2012-JX(Guj)-0-368) Decided on :- 23/2/2012)

Kalim Ahemad @ Karimmulla Mohammed Habib Karimi Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;


22.Bankim N.Mehta, J.(2012-DCR-2-26, 2012-NIJ(SN)-2-624) Decided on :- 13/2/2012)

Bankimchandra Ravjibhai Patel Vs. Chinubhai Bachubhai Chauhan

Negotiable Instruments Act, 1881;S.138;S.139;


23.S.J.Mukhopadhaya AND J.B.Pardiwala, JJ.(2011-JX(Guj)-0-1066, 2011-GLHEL_HC-0-225850) Decided on :- 7/9/2011)

Gagan S Sethi, Member, Special Monitoring Group Vs. State Of Gujarat

Constitution Of India;Art.32;Art.14;Art.21;Art.226;


24.Akil Kureshi, J.(2011-JX(Guj)-0-1618, 2011-GLHEL_HC-0-227898) Decided on :- 4/5/2011)

Liyakathussain Alias Master Khudabux Shaikh Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.268(1);


25.Jayant Patel AND Z.K.Saiyed, JJ.(2010-GCD-2-1360, 2011-CCR-1-292) Decided on :- 7/4/2010)

Sayyed Asif S/o Mansoor Ali Vs. State Of Gujarat

Constitution Of India;Art.226;


26.A.L.Dave AND J.C.Upadhyaya, JJ.(2008-JX(Guj)-0-697, 2008-GLHEL_HC-0-220836) Decided on :- 24/12/2008)

Prakashbhai @ Bhagat Govindbhai Vaghari Vs. State Of Gujarat

Indian Penal Code, 1860;S.363;S.366;S.376;


27. A.S.Supehia, J.(2019-ACD-0-273, 2019-JX(Guj)-0-3) Decided on :- 11/1/2019)

Nilesh Panchal-chief Director Vyogiswami Financial Consultants Ltd Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.482; Negotiable Instruments Act, 1881;S.138;S.141;


28.P.P.Bhatt, J.(2017-DrugsCases(DC)-2-88, 2017-AIJEL_HC-0-239533) Decided on :- 30/8/2017)

State Of Gujarat Vs. Bharatbhai @ Bharathussain Mangilal Chaudhary

Code Of Criminal Procedure, 1973;S.378; Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954;S.3(d);


29.A.S.Supehia, J.(2019-ACD-0-273, 2019-JX(Guj)-0-3) Decided on :- 11/1/2019)

Nilesh Panchal-chief Director Vyogiswami Financial Consultants Ltd Vs. State Of Gujarat

Code Of Criminal Procedure, 1973;S.482; Negotiable Instruments Act, 1881;S.138;S.141;


30.P.P.Bhatt, J.(2017-DrugsCases(DC)-2-88, 2017-AIJEL_HC-0-239533) Decided on :- 30/8/2017)

State Of Gujarat Vs. Bharatbhai @ Bharathussain Mangilal Chaudhary

Code Of Criminal Procedure, 1973;S.378; Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954;S.3(d.)

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Criminal 13 years 1200 ASF has an expertise of handling various criminal cases including anticipatory bail, regular bail, q... Read More
Cheque Bounce 13 years 500 We have an excellent experience in mitigating cases under Section 138 of the Negotiable Instrument A... Read More
Tax 13 years 250 Founder of ASF, Advocate A. A. Ansari, is a Special Public Prosecutor of the Income Tax department s... Read More
Landlord and Tenant 13 years 100 ASF has drafted legal documents along while conducting litigation between landlords and tenants.
Documentation 13 years 1000 ASF has a proficiency in drafting and vetting out various kinds of contracts, agreements, Memorandum... Read More
Consumer Protection 13 years 200 ASF has solved various types of consumer cases against well-known companies before the District Foru... Read More
Employment and Labour 13 years 350 ASF has, apart from successfully drafting agreements between employers and employees, appeared befor... Read More
Muslim Laws 13 years 250 ASF excels in resolving miscellaneous issues in relation to Muslim law, Shariat law, Islamic law, Su... Read More
Family 13 years 400 ASF professionalises in mitigating various family issues of child custody, marriage, divorce, adopti... Read More
Divorce 13 years 350 ASF has successfully handled various cases of divorce through mutual consent and divorce by one side... Read More
Will 13 years 50 ASF has successfully advised the clientele for drafting and registering different kinds of Wills inc... Read More
Arbitration and Mediation 13 years 80 ASF has an excellent calibre in drafting Arbitration Agreements and in filing various petitions for ... Read More

Secondary Expertise

Expertise In

Criminal

Experience 13 years

Number of Cases 1200

ASF has an expertise of handling various criminal cases including anticipatory bail, regular bail, quashing petitions, dowry cases, 498-A cases, cheque bounce, theft, defamation, other grave offenses in and many criminal trials, criminal appeals, et cetera.

Cheque Bounce

Experience 13 years

Number of Cases 500

We have an excellent experience in mitigating cases under Section 138 of the Negotiable Instrument Act, 1881.

Tax

Experience 13 years

Number of Cases 250

Founder of ASF, Advocate A. A. Ansari, is a Special Public Prosecutor of the Income Tax department specialising and conducting criminal trials on behalf of the said department. He also attends criminal trials for the non-payment of TDS, TCS, non-disclosure of foreign assets, black money, et cetera.

Landlord and Tenant

Experience 13 years

Number of Cases 100

ASF has drafted legal documents along while conducting litigation between landlords and tenants.

Documentation

Experience 13 years

Number of Cases 1000

ASF has a proficiency in drafting and vetting out various kinds of contracts, agreements, Memorandum of Undertakings, Settlement Agreements, Wills, Sale Deeds, Title Searches and researches, Lease Agreements, Divorce deeds, Leave and License Agreements, et cetera.

Consumer Protection

Experience 13 years

Number of Cases 200

ASF has solved various types of consumer cases against well-known companies before the District Forum, State Commission, as well as the National Consumer Dispute Redressal Commission.

Employment and Labour

Experience 13 years

Number of Cases 350

ASF has, apart from successfully drafting agreements between employers and employees, appeared before the Labor Commissioner, Labor Courts, et cetera and successfully obtained numerous orders. We have also appeared in challenging the orders of the Labor Court before the High Court. Our associate advocates appear before the Central Administrative Tribunal and Provident Fund authorities.

Muslim Laws

Experience 13 years

Number of Cases 250

ASF excels in resolving miscellaneous issues in relation to Muslim law, Shariat law, Islamic law, Sunni law, et cetera for child custody, distribution of properties, triple talaq issues, marriage and divorce petitions, et cetera.

Family

Experience 13 years

Number of Cases 400

ASF professionalises in mitigating various family issues of child custody, marriage, divorce, adoption, property settlements, Hindu Undivided Family issues, succession, et cetera.

Divorce

Experience 13 years

Number of Cases 350

ASF has successfully handled various cases of divorce through mutual consent and divorce by one side under Hindu Marriage Act, 1955; the Divorce Act of 1969 (for Christians); the Dissolution of Muslim Marriages Act, 1939; the Parsi Marriage and Divorce Act, 1936; and the Special Marriage Act, 1954.

Will

Experience 13 years

Number of Cases 50

ASF has successfully advised the clientele for drafting and registering different kinds of Wills including the obtainment of Probate of Wills and Succession Certificates. Moreover, we administer litigation arising out of Wills.

Arbitration and Mediation

Experience 13 years

Number of Cases 80

ASF has an excellent calibre in drafting Arbitration Agreements and in filing various petitions for appointment of Arbitrator in the High Court of Gujarat. Moreover, we have appeared before the Arbitrator Panel, and have helped our clientele in obtaining favorable orders.

Practicing Court Name

Gujarat High Court

High Court

Ahmedabad

Family Court

Ahmedabad

Sessions Court

Delhi

Supreme Court

Ahmedabad

Small Causes Court

Ahmedabad

Second Class Magistrate

Ahmedabad

First Class Magistrate

Ahmedabad

Chief Judicial Magistrate

Consumer Court, Ahmedabad

Others

National Company Law Tribunal

Others

Debt Recovery Appellate Tribunal

Others

Mirzapur, Ahmedabad

District Court

Educations

LL.B

Sir L A Shah Law College, Ahmedabad

LL.M

Sir L A Shah Law College, Ahmedabad

Others

Bombay Incorporated Law Society, Mumbai

Other Info

No. of juniors with me

12

Size of my team

12

No. of intern work per year

25

Other Legal Experience

Bombay Incorporate Law Society, Mumbai

Solicitor

Official Liquidator, Gujarat High Court

Empaneled with Organizations

Gujarat Waqf Board

Empaneled with Organizations

Income Tax Department

Empaneled with Organizations

Groundnut Research Institute, New Delhi

Empaneled with Organizations

Client Testimonials

Top Responding Lawyers

Experience: 33 Year(s)
Retired Judge
Bangalore
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
Experience: 2 Year(s)
As a advocate
Aurangabad
Experience: 1 Year(s)
Advocate
Kolkata
Experience: 22 Year(s)
Advocate
Bhubaneswar
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
Experience: 15 Year(s)
Advocate High Court
Kolkata
Experience: 11 Year(s)
Attorney
South Delhi
Experience: 5 Year(s)
Lawyer
New Delhi
Experience: 19 Year(s)
Advocate
Bangalore
Experience: 15 Year(s)
Advocate
Panipat
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
Experience: 20 Year(s)
Dr
New Delhi
Experience: 12 Year(s)
Advocate
Thane
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
Experience: 4 Year(s)
Advocate
Faridabad
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
Experience: 17 Year(s)
Advocate
Patna
Experience: 18 Year(s)
Advocate
Chennai
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
Experience: 2 Year(s)
Advocate
New Delhi
Experience: 3 Year(s)
Lawyer
Mumbai
Experience: 15 Year(s)
Advocate High Court
Allahabad
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us