Laws Relating to Sextortion
Sextortion
Life without internet does not seem like a possibility any more. This holds more in the trying times like these, when most of us are confined within our houses forced to lead a normal life or a semblance of it. From accessing our emails, posting updates on social media, reading the news, purchasing supplies or to just use Whatsapp, none of our everyday activity is possible.
Prenuptial Agreement and its Enforcement in India
Position of Prenuptial Agreement
While the prenuptial agreements are common in the western world, it is not accorded a legal status in India. The concept of marital agreements is not defined in any personal laws in India, for marriage is predominately considered a sacrament, especially under the Hindu Laws. Any agreement promoting separation or altering the tenets of personal laws have been shunned by Courts.
Laws Protecting Rights
Protection under the Constitution
The Constitution of India has prescribed a few duties of the state towards its citizens under Chapter IV of the Constitution, i.e. Directive Principles of State Policy (DPSP). The DPSP is not enforceable by any law. However, the DPSP is considered fundamental in governing the Country and it guides the State to make laws for the benefit of the weaker and marginalized sections of the society.
Rights of women in live-in relationship
Introduction
A man and a woman living together as husband and wife in a relationship without getting married is picking up its pace among youngsters especially in cities. By taking the burden of responsibility off their shoulders, both partners find living together easier than getting committed in marriage. Being involved in such volatile relationship, women are often the aggrieved party in the relationship.
Child custody of NRIs
Non-Resident Indians
As more and more youth are moving abroad for employment opportunities, they continue to setup their permanent residence overseas. Eventually, the couples set up their matrimonial home outside India and plan to raise their children overseas. When they become parents and decide to split ways, they get entangled in cross jurisdictional laws mostly relating to Divorce and child custody.
How to reduce maintenance to wife
Maintenance or alimony
When a couple is getting divorce, the concept of maintenance arises when one of them is financially dependent on the other and would like to seek the remedy of maintenance from him/her so that he/she can continue to live in the same standard even after getting divorce. The amount payable by the husband to the wife (or wife to husband) who is unable to maintain herself.
Maintenance for wife in India
Maintenance or alimony
When a couple is getting divorce, the concept of maintenance arises when one of them is financially dependent on the other and would like to seek the remedy of maintenance from him/her so that he/she can continue to live in the same standard even after getting divorce. Providing maintenance differs among religions – according to the Hindu Adoption and Maintenance Act
Domestic violence, divorce and maintenance
Domestic Violence
Cruelty and divorce in India
Cruelty as a ground
The word cruelty has not been defined in any Matrimonial or Divorce acts. Any violent or demoralising act constituting abuse both physically and mentally on either of the spouse in a matrimonial set up amounts to cruelty. Initially cruelty served as a reason only for judicial separation and not considered as a ground for divorce under Hindu Marriage Act, 1955.
Custodial parents’ rights and father’s rights in child custody
Custodial Parent
During a divorce proceeding, both the parents must be well aware of their custodial rights before seeking child custody. While awarding child custody to parents, primary importance is always given to the child to make sure the child’s every need is met and is raised in a proper environment. A parent who is granted custody of a child or children by a judge is called a custodial parent.
Child custody rights in India
Introductions
Divorce is never easy but once a divorce decree is ordered it affects the child more than it does to the husband and the wife. When both the parents are contesting for child custody, the court will intervene to look at what works best for the child before granting child custody. Gone are the days when the mother is favoured by awarding the custody rights of the child.
Dividing property and its implications following divorce
Spousal Property
Spousal property includes all the assets such as home, land, cars, furniture, rental income, company shares, savings, etc. and liabilities such as debts, mortgages, leases and loans which the couple had jointly acquired during the course of their marriage. The property, either movable or immovable, bought by the couple with their combined earning during the course of their marriage or a gift received by them together or a separate property but that’s used by both of them.
Mutual consent divorce in India
Custodial Parent
Divorce is a process of legal dissolution of a marriage by a court or a competent body. Although there might be an endless number of reasons why a husband and a wife cannot continue to stay married and live together, the court has certain basic criteria to look for before ordering a decree of divorce. In several ways, applying for a mutual consent divorce saves a lot of time and money.
