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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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KARAN PANDEY

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Associate

Practicing Court

: High Court of Judicature of Telangana, at Hyderabad

Location

: Telangana, Hyderabad

State Bar Council

: Andhra Pradesh

Reviews & Ratings(View Reviews)

I understand the virtues of helping a fellow man and the boons it brings. I have been appearing in matters relating to company laws and I&B Code before the NCLT at Hyderabad and Chennai. I have also appeared before the National and State Consumer Forum and also the Telangana High court at Hyderabad.

Professional Summary

Gokhale Bilolikar & Co.


Associate:

Dates Employed:

July 2018 - Present

Location:

Hyderabad

Description: Part of the Corporate laws team, dealt with matters in and conducted extensive research on, the Insolvency and Bankruptcy Code, 2016 along with Service Tax matters, Arbitration, Trademark Disputes along with Civil, Criminal and Family Matters


Assistant to the Managing Partner

Dates Employed:

Apr 2018 – Dec 2018

Employment Duration:

9 months

Location:

Hyderabad, Telangana, India

Description: Legal Assistant to the Managing Partner. assisted senior in diverse areas of laws including NDPS,IPC 302, 306 and 498A cases. Conducted research on Transfer of property act specifically section 52 and Insolvency and Bankruptcy code. Drafted legal notices, writ petitions and individual insolvency petitions.


Hari Global Advisory, Delhi

Legal Intern

Dates employed:

Jan 2018- Feb 2018

 Areas of Exposure: Worked on Cases related to Indirect Taxation with specific concentration to service tax, Negotiable Instruments Act, Constitution of India and Income tax rules.

Research: Conducted research on disputes between employer and employee; dishonor of cheque; RERA with regards to remedies available to flat owners against builder; constitutional provisions and schemes of government on women empowerment, child rights and human rights.

Drafting: Additional submissions before the Hon’ble Commissioner of Excise and Service Tax.

Articles: case note on Indian Farmer Fertilizer v. Bhadra; Impact of GST on infrastructure sector; 25th amendment of Income Tax Rules.


Stratjuris Partners, Pune

Legal Intern

Dates employed:

Dec 2017- Jan 2018

Areas of Exposure: Researched extensively on E.U.’s General Data Protection Regulation (GDPR) with specific concentration on comparative approach across jurisdiction with regards to data privacy, horizontality of application amongst public and private sector, and consent under GDPR.

Opinions formed: Formed legal opinions and gave suggestions on White Paper for Data Protection and Privacy laws in India.


Chambers of Adv. C.H. Jaltare, Nagpur

Legal Intern

Dates employed:

Aug 2017- Sep 2017

Areas of Exposure: Assisted in cross examinations and analyzing charge-sheet; Assisted in filing of documents; Analyzed medico legal certificates and examinations of witnesses; Observed client counseling and legal opinions provided to the clients. 

Observations: Observed criminal proceedings in a criminal trial at the District & Sessions Court and the JMFC at Nagpur

Research: Conducted extensive research in accordance to the cross examination in cases of IPC 302, 307 and 376


Chambers of Adv. Deoul Pathak and Arpita Joshi Pathak, Nagpur

Legal Intern

Dates employed:

May 2017- July 2017

Drafting Experience: Drafted Civil Suits in Consumer disputes, Trademark infringement suits; First Appeals in reference from awards passed in Land Acquisition matters; Additional Evidence under the provisions of Order 41 Rule 27 of the Code of Civil Procedure; Affidavits of Examination- in- Chief in Civil Suits and Statement of Truth in Trademark Infringement cases.

Research: Carried out extensive research on C.P.C (specifically on order 41, rule 27 and section 96) Indian Evidence Act, The Commercial Courts Act, Land Acquisition Act (specifically on section 54), Consumer Protection Act (section 13 and 14), Maharashtra Land Revenue Code and Constitution of India.

Observations: Proceedings of a 3rd Party Internal Bank Inquiry, State Consumer Forum, District and sessions Court, Bombay High Court


Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Bankruptcy and Debt 1 years 20 Heavily involved in Research work and drafting applications pertaining to I&B Code 2016 and have bee... Read More
Intellectual Property, Copyright, Patent, Trademar 1 years 10 Having extensive knowledge and having given presentation to other legal IP professionals in EU's GDP... Read More
Criminal 1 years 15 dealt with Bail Applications, NDPS Trials and appeals, 302 Trials and appeals as well as 138 NI act ... Read More
Divorce 1 years 5 drafted Divorce Petitions under the Hindu Marriage Act.

Secondary Expertise

Expertise In

Bankruptcy and Debt

Experience 1 years

Number of Cases 20

Heavily involved in Research work and drafting applications pertaining to I&B Code 2016 and have been regularly representing clients before the NCLT

Intellectual Property, Copyright, Patent, Trademar

Experience 1 years

Number of Cases 10

Having extensive knowledge and having given presentation to other legal IP professionals in EU's GDPR as well as have dealt with Trademark Disputes focusing majorly on Passing off

Criminal

Experience 1 years

Number of Cases 15

dealt with Bail Applications, NDPS Trials and appeals, 302 Trials and appeals as well as 138 NI act cases

Divorce

Experience 1 years

Number of Cases 5

drafted Divorce Petitions under the Hindu Marriage Act.

Other Areas of Expertise

Practicing Court Name

High Court of Judicature of Telangana, at Hyderabad

High Court

National Company Law Tribunal, at Hyderabad

Tribunal

Debt Recovery Tribunal, at Hyderabad

Tribunal

State and District Consumer Forum, at Hyderabad

Tribunal

National Company Law Tribunal, at Chennai

Tribunal

Magistrate's court situated at hyderabad

Chief Judicial Magistrate

Family court at Hyderabad

Family Court

Court of Sessions at Hyderabad

Sessions Court

Educations

LL.B

University Law College, Nagpur, Maharashtra

Other Info

No. of juniors with me

-1

Size of my team

10

No. of intern work per year

4

Publications

Linkedin Article

7 / 18

Other Legal Experience

Gokhale Bilolikar & Co.

Associate/Partner in a Law firm

Legal Intern at Stratjuris and partners, Pune

Others

Legal Intern at Hari Global Advisory, at Delhi

Others

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