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

16 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

18 hours ago

Go to Blog

{{ item.userName }}

{{ item.review }}

{{ item.createdOn }}

Kamendu Joshi

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Managing Partner

Location

: Gujarat, Ahmedabad

State Bar Council

: Gujarat

Reviews & Ratings(View Reviews)

Kamendu Joshi & Associates is a full service law firm, based at Ahmedabad (Gujarat) offering the most trusted legal service to clients across the Country including Delhi (NCR), Mumbai, Pune, Chennai, Kolkata, Bangalore, Surat, Vadodara.We are distinguished not only by the depth and scope of our leg

Professional Summary


Kamendu Joshi & Associates is a full service law firm, based at Ahmedabad (Gujarat) offering the most trusted legal service to clients across the Country including Delhi (NCR), Mumbai, Pune, Chennai, Kolkata, Bangalore, Surat, Vadodara.We are distinguished not only by the depth and scope of our legal advisory services, but also by unmatched experience that enables us to handle deals and cases of any size and complexity. Over the years, we have built a reputation for high-quality work, a positive outlook, and the highest standards of service and ethics. The Firm continues to expand and now, we have notably become the counsel of choice.

Kamendu Joshi & Associates has strategic alliances with many other law firms and lawyers spreading all over India to provide seamless service to a multitude of clients. At Kamendu Joshi & Associates, providing workable advice and cost effective assistance to our clients is our foremost aim. The clients benefit from our approach of viewing issues from both a business as well as a legal perspective; focusing on problem avoidance, not just problem solving. With a sophisticated understanding of changing business environment intersecting with law, public policy and technology, the Firm is positioned to protect and advance its clients’ business interests in the present era of globalization. Our Firm represents varied clients comprising Corporate Houses, Multi-National Corporations, Financial Institutions and individuals in an array of matters. Our Firm focuses on areas including Corporate Law, Intellectual Property Law, Civil and Criminal Litigation and ADR, Employment and Industrial Law, Real Estate, Tax, Foreign Direct Investment, Corporate Restructuring, Business Law among others.


Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Real Estate 6 years 600 Real Estate

Secondary Expertise

Educations

LL.M

Gujarat University

Other Info

No. of juniors with me

0

Size of my team

0

No. of intern work per year

0
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