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How police custody is different from judicial cust...

    How police custody is different from judicial custody    ©Two type of custody:-                               1) police custody                               2) judicial custody1) police custody: police custody means that police have a physical custody of the accused while judicial custody means an accused is in the custody of the court .in the former ,the accused is lodged in lock-up of a police station Earlier accused were afraid of police custody as they were subjected to harassment and physical torture but such incident have become fewer after the SC judgements enumerated the rights of accused and brought many police officers to task for custodial torture . resourceful   accused , politicians as well as others, certainly enjoy immunity from third degree “ or, to use  americanese, enhanced interrogation methods ”  After lodging of an FIR for a cognizable offence (which provides for punishment of more than 3 years ) police arrest the accused to prevent him from tampering with evidence or influencing witnesses .within 24 hours of arrest , police produce the accused before a court ( mandatory under law ) and seek his remand to police custody to enable it to complete investigations expeditiously it is for police to decide how long it is warranted to keep the accused in its custody , which expires in 15 days . 2) What is judicial custody ? In serious offences , the court may accede to police request to remand the accused in judicial custody after the expiry of police custody so that evidence or witnesses are not tempered with law mandates filling of charge sheet in criminal cases within 90 days , if the charge sheet is not filed within 90 days the court normally grants bail to the accused . but in heinous crime / offences , like murder and rape . the accused is normally kept in judicial custody (kept in jail under the court’s custody ) for a longer time despite filing of the charge sheet so that the process of trial is not influenced .  The judicial custody may be of 60 days for all other crimes if the court is convinced that sufficient reasons exist, following which the accused or suspect must be released on bail by adv rameshwar y dadhe

Posted By

Rameshwar Dadhe

2 days ago

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FATHER’S CUSTODY RIGHTS IN INDIA

 The issue of ‘Child Custody’ crops up during divorce proceedings or judicial separation; it becomes an important issue to be decided by the courts. It refers to the process of controlling, caring and maintenance of the child less than 18 years of age by the custodial parent (the rights have been granted by court) under set parameters such as financial security, understanding with child, lifestyle, etc. The prime rights of nurturing the child with respect to education, development, medical, emotional, physical, etc. lies with the custodial parent while the non-custodial parent only holds the right to access and meet the child. In innumerable cases, both the parents are provided with access to the child, but the physical custody of the child is usually granted to one parent. The Family Courts while deciding on this need to keep the best interests of the child as of paramount importance.What is the Definition of Legal Custody?In a family law context, “Legal Custody” is a type of Child Custody that grants a parent the right to make important, long-term decisions regarding their child or children. This may include aspects of the child’s upbringing including:EducationMedical and dental careReligious upbringingFinancial decisionsTypes of Child Custody in India:-The Judiciary in India, in a number of innumerable judgments, has held the view that the best interest of the child in Child Custody cases, needs to be given utmost importance, surpassing all the legal provisions laid down. The court grants the right to child custody either to one or both the parents under certain rules and regulations. Evaluating the sensitivity in this matter, the Indian Law allows parents to seek Child custody as per its below mentioned forms, They are:Physical Custody: In physical custody, a child lives with the custodial parent and undertakes all the day to day activities.Joint Physical Custody: In joint physical custody the child lives with both the parents for a significant time period. In such a set-up, both the parents have equal rights on their child.Sole Custody: In Sole custody, the entire right to live with the child lies in the hands of one parent only. This often happens in cases where in the other parent is abusive, instable, violent or incapable in nature.Third Party Custody: In third party custody, none of the biological parents have any right on the child. Instead, the child custody is granted to the third person by the court. What the Legislation has a say about Child Custody?As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.In case the child is illegitimate then the custody shall be with the mother itself.If the parents are not willing to take the custody of the child or if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child. In this case usually, the grandparents are that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.If neither the parents nor any of the close relatives of the child are initiating to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.Which Parent Can Be Granted Legal Custody?At the present time, most courts attempt to grant both parents equal rights with regards to legal custody. This is to help the child interact with both parents rather than just one. However, in some cases, the court may grant only one parent legal custody. This is especially true where one of the parents is deemed unfit to make decisions on behalf of the child.When determining which parent should be granted legal custody, the courts may consider many different aspects, including:The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another personThe relational history between the child and the parentWhether there has been any history of abuse, neglect, or other violationsThe arrangement between the parents regarding distribution of physical custodyWishes of the minor child, if he can form opinion on his own.Financial status of both the parents.As with any child custody decisions, legal custody determinations are made with the “best interests of the child” in mind. This means that the needs of the child take preference over any personal desires or intentions of either parent.Child Custody for Fathers: How can a Father Get Full Custody of His Child?When it comes to father custody rights, various questions can arise.Custody battles for fathers can sometimes be challenging. While most courts have discarded older notions that the mother is automatically the primary caregiver, many mothers and other persons in society still hold these types of notions, but there are some situation when a father can claim custody or even full custody of child by proving any of the following reasons given under. Father Gets the Custody In The Following Manner:-In India, it is believed that no one can be a better caregiver than a mother. Unfortunately, it is not true all the time.Though while giving the custody the mother is given the first priority, the father can get it by following ways:1.     If the mother is willing to give up the custody of the child, then the father may get custody.2.     If the mother is not mentally stable, the father is the next person to get custody of the child.3.     If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.4.     In case the mother is of an immoral character, which may affect the child as well, the father gets the custody.5.     If the father can prove the financial incapacity of the mother which shall in future affect the upbringing of the child and also prove his financial capability to take good care of the child. 6.     If the father can prove that the background of the mother has been in dark and that if the child will stay with the mother it will prove to be fatal to the upbringing of the child or shall affect his mental and physical growth. 7.     If the mother is a convict herself, the custody of the child shall thereafter go to the father. Although the above – mentioned points are few of which are used in the court to get custody. The same is not exhaustive and can vary depending from case to case on the basis of facts and circumstances.Can a Father Fight for Child Custody If He Is Not on the Birth Certificate?Whether or not a father’s name is listed on a birth certificatecan have significant impacts on their custody rights. In most cases, if the person’s name is listed as the child’s father on their birth certificate, courts will automatically conclude that they are the child’s legal father. They will then be granted various custody rights as the legal father of the child. In many cases, even if the person is not the child’s biological father, if their name is listed on the birth certificate as their father, courts may still grant them custody rights. They may also impose various duties on them, such as the duty to pay child support if this arises in the future. If the father’s name is not on the child’s birth certificate, they may often not be granted any custody rights over the child, whether partial or full custody. If they wish to gain legal rights, and they are the biological father of the child, they may need to undergo a paternity test to prove to the court that they are the biological father. CHILD CUSTODY LAWS:The law governing Child Custody cases in India, broadly, falls under following Act :-1.     Guardian and Wards Act, 18902.     Section 26 of Hindu Marriage Act,19553.     Hindu Adoption & Maintenance Act,19564.     Section 38 of Special Marriage Act, 19585.     Hindu Minority and Guardianship Act, 19566.     Custody Under Muslim Law7.     Custody Under Hindu Law PLACE WHERE CHILD CUSTODY CASE IS FILED:-Child custody cases are filed in the jurisdiction of the family court/competent court where minor child ordinarily resides. For example, father is living in Mumbai. Mother is living in Delhi along with minor child. If father wants to file Child Custody, he has to file the same only in Delhi. Thus, family court or concerned competent court shall have the exclusive jurisdiction over the child custody to the exclusion of all other courts.PROCEDURE TO FILE CHILD CUSTODY CASE:-A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody  application for Interim or Temporary custody as well as Visitation Rights.Custodial parent is required to give response to the petition following which evidence are led by both parents. After closure of evidence of by both parents and their respective witnesses, if any, follows with final arguments and consequent judgement.As stated above in certain situation and exigencies a writ petition under article 32 of the Constitution of India can be filed in the Supreme court or a write petition under article 226 of the Constitution of India can be filed. Key points:Child custody cases are emotionally taxing for parties, concerned counsels, as well as the Judge(s).Generally, the age of majority is eighteen years and in some cases it is twenty-one years.Nowadays courts often take the helps of experts such as counsellors, psychologist or other specialist dealing with issues of child custody.It is extremely interesting to note that all judgements that attain finality bound parties with the final outcome. However, the decision or the judgements of child custody cases are never final. It is a departure from the general law. To explain further, Custody of Child has been awarded by judgement or by mutual consent to one of the parent. However, the welfare of the child is prejudiced by the acts and omission of the custodial parent .CONCLUSION:-For a father, custody can be difficult to win, even though the courts do not discriminate against fathers. Whether you are a father going for full custody or joint custody,youshould be prepared for a difficult child custody battle,especially if the child's mother is also fighting for custody. Consider the following tips to help a father get custody.1.    Pay child support payments within time.2.    Build a strong relationship.3.    Give respect to the child and as well the mother.4.    Maintain accurate records.5.    Attend important school and social gatherings.6.    Make sure everything you are doing is for providing good life to your child.Children are mostly attached with their mothers, so when a father wants to have a custody or full custody he must think about his child’s wish and definitely what is good for their children’s life because custody battels are already traumatic and exhausting experience for a child to go through, so the first priority of a father should be to make sure that everything he is doing  for their children is to provide happiness and good life.

Posted By

Mrighankhi Chakraborty

3 days ago

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Vinay Kumar Nukathoti

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Advocate

Practicing Court

: HIGH COURT OF JUDICATURE FOR THE STATES OF AP & TG AT HYDERABAD

Location

: Andhra Pradesh, Hyderabad

State Bar Council

: Andhra Pradesh

Reviews & Ratings(View Reviews)

Professional Summary

Legal activities both Civil & Criminal, contracts review etc.

Labor Laws, IR, Legal Compliance. Follow up the cases, to review the various legal documents such as Partnership Agreements etc, Drafting/Review and Negotiation of contract documents NDA, RFP/RFI, MSA, B2B, JV’S, Subcontract, Power of Attorneys, Indemnities, Affidavits etc and all other transactional legal documents etc, Immigration issues, Rental, Lease etc.

Attending court cases for recovery of security deposit dishonor of cheque, recovery of C forms etc. Coordinated with the Bank people & scrutinizing the Bank documentation such as Hypothecation deed, the pledge of shares etc. for getting loan sanctioned.


Drafting various types of letters such as renewal, termination, demand letters etc, of Leased property. Assisting / Handling all legal matters relating to real estate deeds, statutory clearances, and papers.

Monitoring the compliance in respect of Acts, regulations, notifications, guidelines & instructions issued by regulatory bodies (RBI, SEBI, PFRDA, AMFI, IRDA).


INTELLECTUAL PROPERTY RIGHTS, THE EMIGRATION ACT, INFORMATION TECHNOLOGY ACT, THE ARBITRATION AND CONCILIATION ACT, REAL ESTATE (REGULATION AND DEVELOPMENT) ACT.


CONTRACT ACT 1872

NEGOTIABLE INSTRUMENTS ACT 1881

THE INSOLVENCY AND BANKRUPTCY CODE 2016

ARBITRATION & CONCILIATION ACT 1996

THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT 2006

COMPANIES ACT 1956

CONSUMER PROTECTION ACT 1986

MOTOR ACCIDENT CLAIMS 1988

REGISTRATION ACT 1908

DOMESTIC VIOLENCE ACT 2005

LOK ADALAT etc


Litigation:

Handling entire litigation for and against the Company

Preparation of claims and follow up of the same until money recovery including initiation and conducting of proceedings before Dispute Resolution Board and Arbitral Tribunal, CIVIL & CRIMINAL, CONTRACTS ACT, MSME, THE INSOLVENCY AND BANKRUPTCY CODE, COMPANY LAW, NI ACT, THE LEGAL METROLOGY, CONSUMER PROTECTION ACT.

Preparation of all pleadings, briefing of all Advocates and coordinating for the successful conduct of Litigation.

Issuance of Notices and reply notices & Legal MIS.

Meet the Client, Sub-contractors, Vendors etc..to explore the possibilities for an amicable resolution of issues.


Documentation:

Preparation and vetting of all documents for Pretender.

Joint Venture Agreements, MOU, Consortium Agreements, Generic MOU and Internal MOU.


Preparation and vetting of all documents for operations support.

Sub-contract Agreements, Indemnity Bonds, Sale Deeds, Lease Deeds, Quarry lease agreements, Vehicle and Equipment Hiring agreements.


All other documents that may be required for other departments.

Purchase Agreements, Lease agreements for IT Dept, Service agreements for O&M for IT dept. House Keeping and Security personnel hiring agreements for Admin dept, Preparation of consultancy agreements for divisions etc.


Contract Management:

Pre Tender documents analysis for evaluation of commercial terms and assessment of compensating events. Notify Management.

Proficiency in FIDIC Forum of Contract.

Understanding of Bank Guarantee, L/C, and others.

In-depth understanding of Procurement agreements, purchase orders and banking documents and transactions.

Evaluate the commercial terms for risk assessment and notify the concerned Division for pre-tender discussion and clarifications with the client.

To scrutinize the contract terms for any ambiguity and seek clarifications. Prepare MIS for pre-alerting the management on potential risk areas in the Contract.

Conducting Legal compliance audit at the site to rule out any non-conformities and to curb potential revenue leakage areas.

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Family 7 years 85 498a , 354 of IPC
Arbitration and Mediation 6 years 25 Claims and contracts.
Banking 6 years 12 NCLT, NCLAT
Cheque Bounce 7 years 55 138 NI ACT
Civil 7 years 60 Land disputes, money recovery, SOP, etc
Consumer Protection 7 years 15 DCR,SCR,NCR
Contracts and Agreements 6 years 33 Civil contract agreements etc
Criminal 7 years 44 420,354,378,406,499,354,376,324 of IPC
Divorce 7 years 30 HINDU MARRIAGE ACT & SUCCESSION ACT etc
Partnership 7 years 13 PATENRSHIP ACT
Registration 7 years 23 REGISTRATION OF DOCUMENTS etc
Intellectual Property, Copyright, Patent, Trademar 2 years 4 IPR etc
Corporate and Incorporation 7 years 39 COMPANIES ACT 1956 and 2013.
Domestic Violence 7 years 33 DOMESTIC VIOLANCE ACT 2005.
Human Rights 7 years 4 SHRC,NHRC etc
Employment and Labour 7 years 3 INDUSTRIAL DISPUTE ACT, FACTORIES ACT etc
Motor Accident 7 years 25 MACT
Sexual Harassment at Workplace 7 years 3 Corporate Sector.
RTI 7 years 8 RTI application.

Secondary Expertise

Expertise In

Family

Experience 7 years

Number of Cases 85

498a , 354 of IPC

Arbitration and Mediation

Experience 6 years

Number of Cases 25

Claims and contracts.

Banking

Experience 6 years

Number of Cases 12

NCLT, NCLAT

Cheque Bounce

Experience 7 years

Number of Cases 55

138 NI ACT

Civil

Experience 7 years

Number of Cases 60

Land disputes, money recovery, SOP, etc

Consumer Protection

Experience 7 years

Number of Cases 15

DCR,SCR,NCR

Contracts and Agreements

Experience 6 years

Number of Cases 33

Civil contract agreements etc

Criminal

Experience 7 years

Number of Cases 44

420,354,378,406,499,354,376,324 of IPC

Divorce

Experience 7 years

Number of Cases 30

HINDU MARRIAGE ACT & SUCCESSION ACT etc

Partnership

Experience 7 years

Number of Cases 13

PATENRSHIP ACT

Registration

Experience 7 years

Number of Cases 23

REGISTRATION OF DOCUMENTS etc

Intellectual Property, Copyright, Patent, Trademar

Experience 2 years

Number of Cases 4

IPR etc

Corporate and Incorporation

Experience 7 years

Number of Cases 39

COMPANIES ACT 1956 and 2013.

Domestic Violence

Experience 7 years

Number of Cases 33

DOMESTIC VIOLANCE ACT 2005.

Human Rights

Experience 7 years

Number of Cases 4

SHRC,NHRC etc

Employment and Labour

Experience 7 years

Number of Cases 3

INDUSTRIAL DISPUTE ACT, FACTORIES ACT etc

Motor Accident

Experience 7 years

Number of Cases 25

MACT

Sexual Harassment at Workplace

Experience 7 years

Number of Cases 3

Corporate Sector.

RTI

Experience 7 years

Number of Cases 8

RTI application.

Practicing Court Name

HIGH COURT OF JUDICATURE FOR THE STATES OF AP & TG AT HYDERABAD

High Court

RANGA REDDY AND CITY CIVIL COURTS

District Court

Educations

LL.M

NAGARJUNA UNIVERSITY

LL.B

SIDDHARTHA LAW COLLEGE

Other Info

No. of juniors with me

4

Size of my team

8

No. of intern work per year

0

Other Legal Experience

RIL

Arbitration

RIL

Corporate Counsel

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