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Latest Positions for Various Laws

Criminal laws: Crime against humanity, society or state is generally covered by law of crime. where Police, CBI, Custom, etc. or Other Govt. Departments file cases against individuals or organisations which also include rape, sexual harassment, murder, cheating, theft or assault etc. are the non-bailable cases and cognizable where police can arrest any person without an arrest warrant. The basic requirement in a crime/ offence is the motive (mensrea), preparation and execution of crime. Therefore, the intention to commit a crime is the most important ingredient in the criminal jurisprudence.

Civil laws: Where two or more people or organization is involved in litigation like claim, compensation, property or family disputes etc. In civil matters the money and property generally involved. The proof or evidence plays a crucial role in deciding the case by a judge.

Consumer laws: Where an organisation/ department or an individual failed to do his / its legal duty and guilty of unfair trade practice, dishonesty or refusal to meet his liabilities of honors the contract etc. The same rule applies in the claim cases also like insurance, railway and damages, etc.

FAMILY LAWS:

(Divorce) Husband or wife can seek divorce from each other on the grounds of cruelty, desertion, adultery, impotency, refusal of sex, change of religion, etc. If proved by the petitioner divorce may be granted by a single divorce decree which may take minimum eight months to twenty years approximately.

(Mutual Divorce) The divorce by mutual consent by both the husband and wife can be taken where both of them living separately without any physical relationship for the last one year after deciding the fate of children, property, alimony, maintenance etc. Minimum six months time is required in final divorce decree. If a party is living abroad and unable to come to India due to some difficult circumstances in that case also a decree of divorce can be granted.

(Restitution of Conjugal Rights or Right to live together as husband and wife) If any party refuse to live in the company of other refusing all the responsibilities and duties etc., the court can direct the opposite party to join the petitioner or pay the compensation to the aggrieved party if asked by the wife.

(Judicial Separation) If both the parties want to live separate from each other, whether in the same accommodation, without any cohabitation and without fulfilment of matrimonial duties, they can be allowed to live separate without divorce. At a later stage, they can rejoin and live in harmony, if they feel so after withdrawing the case of judicial separation.

(Alimony and Maintenance) Generally wife claims maintenance from her husband but if wife is earning more than the husband then husband also have a right to demand the maintenance from his rich wife. The basic condition of asking maintenance is that husband has refused to maintain her or the children and the wife has a reasonable ground to live separate from her husband. If the husband seeks divorce from his wife, she can also claim alimony for her life as a lump sum amount from her husband which can include the maintenance for herself, the children and their education expenses etc. as per the status of the husband.

(Dowry Harassment Cases) Where husband, his family members or near relatives etc. harass, torture or humiliate the wife for the direct or indirect demand of dowry etc. they can be liable to be punished or jailed. The case can be filed by the police / CAW cell normally but case can also be filed directly into the court where the police failed to help the women.

(Domestic Violence) If the wife or lady in a live-in-relationship is being harassed, beaten, tortured, humiliated or thrown out from the house she can file the case against the guilty person directly in the court of her area for maintenance, shelter (house) and safety etc.

(Adultery or Bigamy) If any of the spouses has sexual relationship with other person being married or without divorce can be punished or jailed by the court and it can also be a good ground for seeking divorce against the other party.

(Child Custody) If the wife or husband want to take the custody of a minor child or children, who has a good source of income, good character, can devote quality time for the child and his/her education and live in a suitable place is entitled for the child custody.

Other Hundreds of Laws or Legal Provisions which can affect the day to day life and liberty of people in India cannot be discussed in such a small website, which can be discussed personally at a convenient time and place with a prior appointment over telephone nos. 9810922297, 9999829396 between 10AM to 5PM only.