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Showing posts from April, 2023

How Do I Settle A Hit And Run Case Without Any Lawyer?

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In a hit-and-run accident, the at-fault driver purposefully flees from the scene of the collision without leaving any contact information. Here are a few instances of hit-and-run incidents- When a car strikes you, it races away without stopping. An unattended, parked car of yours is struck by a driver who does not provide contact information to collect damages. It makes sense that after a hit-and-run accident, you would feel bewildered and outraged. It's also a moment when you could be unsure of how to obtain reimbursed for the losses you sustained. To guarantee that the claim process goes more smoothly than usual, there are a few things you may do. What to do Right Away following a Hit and Run Case? Being one of the victims of a hit-and-run accident can be quite stressful, but trying to remain composed can be helpful. Attempt to learn as much information as you can about the negligent driver and/or vehicle. The likelihood that the police will apprehend the at-fault driver wi

WHAT IS THE CORRECT PROCEDURE FOR CONTESTED DIVORCE IN INDIA ?

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When a marriage breaks down, the parties involved cannot continue to live together as a couple, hence the process of divorce is initiated. Filing for divorce will not only affect the couple but also their families. Divorce could either be by Mutual Consent or it could be Contested divorce. Mutual Consent Divorce could be initiated when both parties agree to end their marriage, whereas Contested Divorce will be applied to when one party is not willing to end the marriage. The process of Mutual Consent Divorce will  be  relatively quicker, which could take around 6 to 9 months, however Contested Divorce will take  from around 2 to 3 years or even longer in certain cases. The latter will be usually filed by one party against the wishes of the other partner. Defining Contested Divorce contested divorce procedure in india : When One Party to the marriage is Willing, however the Other is Not- Contested Divorce, could also be called One-Sided Divorce, shall occur when one party to the marriag

Do Arya Samaj Marriage Procedure Is Legal In India?

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The Arya Samaj marriage ceremony is conducted in accordance with Vedic tradition, and the Hindu Marriage Act of 1955's requirements, along with the Arya Samaj Marriage Validation Act of 1937, gives it legal validity. The rules for Hindu marriage also apply to Arya Samajis. The Arya Samaj adheres to different protocols for performing marriages than Hindus do since they are not believers in idol worship. The marriage rites of the Arya Samaj are straightforward and very easy. All hymns sung during marriages are taught to the bride and husband based on Vedic concepts. Similar to Hindu marriages, this union revolves around the fire and is celebrated as the pair moves from Brahmacharya to Grihastha Ashram. Eligibility for Arya Samaj Marriage The groom and bride must both be at least 21 and 18 years old respectively. Arya Samaj Marriage can be performed by anyone who practices Buddhism, Hinduism, Jainism, or Sikhism. Arya Samaj Marriage can be performed by anyone who is not Jewis

How To Apply For Divorce Online In Metro Cities Of India ?

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Marriage is a universally accepted social institution. It is an institution of the society which has different implications in different cultures. As per the Hindu social heritage, marriage is not looked at from the materialistic point of view, but it is termed as something sacred  not a social contract.  However, in present times, marriage in India stands on a crossroads where it is celebrated in a grand manner in one way, however, on the other hand, people have started opting to live in a live-in relationship with their partners in India without actually getting legally married. Relationships now, are no longer considered to be as unbreakable, or irrevocable, as the procedure of divorce be as a mutual consent divorce or a contested divorce is permissible both socially and legally.  Divorce in India In India rules for mutual consent divorce and divorce in general as well as the procedure of divorce are connected to religious practices. Divorce procedure or the process for divorce amon

What To Do When False Accusations Are Made?

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It might be perplexing to be convicted of a crime you weren't responsible for and may have had nothing to do with. There is no certainty that the charges will be dropped or that you will not be convicted in the future. Unfortunately, false accusations do occur. If you are wrongfully accused of a crime, you must take fast steps to protect yourself. You know you're innocent, but you're unsure how to continue or your legal options. Your initial step should be to hire the services of an experienced criminal defence lawyer who has handled cases in which the accused faced comparable criminal allegations as yours. The need to obtain a lawyer right away, even if you are only a suspect, cannot be overstated. A lawyer can assist you in developing a strategy to combat the charges you are facing or may face. Things to do When False Accusations Are Made Recognize the gravity of the accusations- You must grasp the gravity of the offences as well as the potential penalties. Even if you a

Difference Between Forgery And Making False Document

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Forgery is a crime that is defined in Section 463 of the Indian Criminal Code, 1860, and is supported by Section 464 of the same law, which answers the question of when a false document can be considered to have been created with the intent to commit forgery under Section 463 of the Indian Penal Code, 1860. Consequently, it can be said that producing a fake document is one of the elements of forgery, as defined under Section 464 of the Indian Criminal Code, 1860. Forgery is a crime that is punishable under Section 465 of the Indian Penal Code, 1860. It must first be established that forgery was committed in accordance with Section 463 of the Indian Criminal Code, 1860, which implies that conditions under Section 464 of the Indian Penal Code, 1860 must also be met in order to support a conviction under Section 465 of the Indian Penal Code, 1860. Therefore, a person cannot be found guilty under Section 465 of the Indian Penal Code, 1860, based solely on the requirements outlined in Secti

What To Do If My Husband Forged My Signature On The Divorce Papers ?

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Your spouse may not require your signature to file for a divorce, however under some circumstances, he can use your signature to finalise your divorce. Say for example, he can draft a marital settlement agreement which may include terms which are very favourable to him. He could sign your name to the document and have it  submitted to the court. In case the court approves such an agreement and the judge signs it, you will be bound by its terms. In case your spouse forges your signature and have you committed to such settlement terms or divorce terms which you haven’t agreed to, your litigation would jump from family court to the criminal court. Involving the Law Enforcements Forgery is a kind of fraud, where the law enforcement would most likely get involved. Your spouse may not only have committed the offence against you but  he has deceived the court as well -- and thus, the state. Even in a situation where you decide not to press charges, the state probably would. Criminal charges a

What Is The Punishment For Adultery In India

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India regarded adultery as a serious crime, hence Section 497 of the Indian Criminal Code contains regulations dealing with adultery. Adultery was defined in Section 497 as: "Without the consent or connivance of the other man, a person who engages in sexual activity with a person who is and who he knows or has reason to suspect is the wife of another man, which is not rape, commits adultery and is punishable by law a fine, either type of a sentence of up to five years in jail, or both.The wife will not be punished for aiding and abetting in such a scenario ". Adultery is punishable by a five-year prison sentence, a fine, or both. However, this arbitrary law from colonial times was altered in the case detailed below, and it is no longer regarded as a crime. Adultery is currently the only accepted basis for divorce. India's history with adultery laws A pre-constitutional law known as the adultery law was passed in 1860. At the time, women were viewed as chattel or the husba

What Is Inter Caste Marriage Scheme By Government

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Inter-caste marriages can be one of the key steps in eradicating "untouchability," reducing caste discrimination, and promoting principles like liberty, equality, and fraternity across society. Changes have been made to the earlier "Dr. B.R. The Ambedkar Plan for Social Integration via Intercaste Marriage was developed by the Central Government's Ministry of Social Justice and Empowerment. The government will then give a couple where one of the participants is a Dalit Rs 2.5 lakh. Also, the government removes the annual income cap of Rs. 5 lakh. The Modi administration's decision to make the programme open to all and encourage inter caste marriage is a wise one. The low response and approval rate issue will be addressed by this change to the social integration programme. Additionally, the Central Government will raise awareness of the programme even at the block levels. The Modi administration is relaxing rigorous prerequisites in order to abolish the caste syste

Can I File A Case To My Spouse If We Did Court Marriage?

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Divorce is the dissolution of a marriage. It is a phrase that refers to the end of a marriage. Divorce rules in India, like marriage laws, can be personal laws based on the religion of the couples. According to the Indian legal system, a divorce method or process begins with the registration of a divorce petition. The complete divorce procedure in India begins when one of the parties involved in the divorce process files a divorce petition and serves notice of the same on the other. Grounds for Contested Divorce If one of the spouses has not been reported as being alive for seven years or more by people who might have naturally found of it if that party had been living; If one of the spouses had voluntary sexual relations with anyone else after the marriage; If one of the spouses is cruel to you; If one of the spouses has abandoned you for a constant period of at least two years immediately before the petition's presentation; If one of the spouses has converted the

What Is The Court Marriage Process For Widow Lady?

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Court marriages do away with the rites and rituals of a conventional marriage by solemnizing a marriage between a man and a female who are legally permitted to wed without regard to their caste, religion, or creed, in the presence of a court, a marriage commissioner, and three witnesses.   However, if things don't work out and one is thinking of separating, a marriage certificate is needed. Also, the certificate is crucial for submitting an insurance claim in the event that one of the partners passes away. Registering a marriage is the most crucial and sage decision. Both parties must be free of an active marriage at the time of the court marriage as a prerequisite: The bride should have reached the age of eighteen (18) and the groom should have reached the age of twenty-one (21). The participants to the marriage must be in good mental health and not experiencing any recurrent episodes of insanity. No compulsion or undue influence should have been used to achieve the free