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Showing posts from March, 2023

What Are Major Benefits Of Court Marriage Or Traditional Marriage

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There are two distinct legal procedures for getting married: court marriage and traditional marriage. It should be noted that each person has the freedom to select either a court marriage or a traditional marriage based on their choices.  The legal requirements, legal processes, required documentation, and other legal considerations are the main distinctions between the two. Court Marriage and Traditional Marriage: Overview A couple has a choice between a court-married union and a civil union. Court marriage allows couples to get married with the blessing of a court of law, whereas a traditional marriage is the usual marriage ceremony between two people without the help of a court. As the name implies, a court marriage requires a judge's approval to go through. This type of marriage is frequently chosen by couples who want a quick and simple way to live forever without any of the difficulties and costs associated with a regular ceremony. A couple that chooses a cou...

If Wife Expire After Divorce Who Will Get Child Custody

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If a marriage fails and a child's parents separate, this will have a significant impact on the child's upbringing. One of the parents is given custody of the kid, and when deciding who will have custody, the child's welfare is given priority. Child custody refers to the parental rights and obligations for the upbringing of their kid or children. Custody, as it is widely understood, refers to guardianship, which is the process of fostering a child's overall development through upbringing or parenting. The child or children born out of the marriage suffer the most if a marriage fails and leads to the couple's separation. The wellbeing of the kid is given first priority by Indian law when deciding who obtains custody of a minor child, even though the parent's entitlement to custody is still taken into account. Child custody is a topic that comes up during divorce or judicial separation processes. The process of regulating, caring for, and maintaining a...

Things To Do If You Feel Like Your Partner Is Having An Affair!

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There is no denying that relationships may be extremely difficult. Knowing what to do when feelings of shock, rage, and resentment arise might seem painful. It might be difficult to even consider that your partner might be attracted to or otherwise associated with someone else, but it can be even more difficult to understand what to say or act on. The discovery of an affair by your spouse can be painful and put a lot of strain on your marriage. Sometimes it means that the marriage is over. Other times, partners work to mend their relationship, frequently strengthening it. If your partner has an affair, there are certain legal implications for you if you are married. Legal Considerations if your Partner is having an Affair Living Together- Relationship counselling may be a huge help in encouraging couples to communicate, work through their issues, and move forward. You must have the ability to inquire in order to assess what took place accurately. If you don't feel com...

What Is The Complete Process Of Special Marriage Act ?

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Court marriages in India have been provided under Special Marriage Act, 1954. Unlike marriage solemnised as per one’s customs, court marriages could be done in a simple manner without any pomp or show, in the presence of three witnesses only. One could apply for court marriage irrespective of each other’s religion, caste or place of birth. However, certain conditions have also been applied by the legislature for the parties to register for marriage. Who is eligible ? Two persons belonging to different genders, from different castes, religions, places etc. could marry through the Court. Various conditions are required to be fulfilled by two persons to register for court marriage in Noida- No pre-existing marriage should be there for the parties applying for court marriage, even if there was, there must be no living spouse, i.e.the applicant for a court marriage must be either a divorcee or a widower/widow if they were married previously at the time of the court mar...

What Is The Complete Process Of Court Marriage For NRI?

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When an Indian woman from India marries an Indian man who resides in another country (thus, NRI - non-resident Indian), he may be a citizen of that country (in which case he would legally be a "NRI") or he may be a citizen of India, as is the situation in most NRI weddings (when he would legally be a PIO – person of Indian origin). The issue is particularly prevalent with Indian women who are duped into marriages with Indians living abroad. They also fail to acknowledge the complicated and severely limited legal options available to women in NRI marriages in the event that something goes wrong. The risk in such a marriage is increased since the woman is "isolated" distant from home in a foreign country, encountering language barriers, communication issues, and a lack of accurate information about the local criminal justice, police, and legal systems. The issue is complex and includes matters like dowry and other forms of harassment against married women...

What Is The Purpose Of Hiring A Lawyer For A Company?

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It's wonderful if you're launching a new firm on the current day. You anticipate operating a very profitable company as a business owner if all goes according to plan. However, this is not a perfect society where all businesses prosper. You will undoubtedly make mistakes. You shouldn't be disappointed because mistakes are essential to your achievement. When starting a new business, many people are so enthused that they overlook some crucial elements. Hiring an attorney is a vitally crucial step for anyone starting a business. Your company can benefit much from hiring a qualified lawyer, who can also safeguard you against legal repercussions. Purpose of hiring a lawyer: They'll give you defense against lawsuits: As you might have imagined, having legal representation might help you avoid lawsuits. So don't wait too long to hire legal counsel. It's probably a complete waste of time and money to hire them if you've already been sued. A competent a...

How To File Divorce After 40 Years Of Marriage

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Any divorce involving parties who are 40 or more years of age is referred to as “gray divorce”. Divorce is never simple, and as you get closer to the age of retirement, a whole variety of other issues come into play. While child support and custody battles are typically not a concern, other disagreements may arise in their stead. The importance of health insurance, Social Security, and other retirement benefits increases. Why do Couples Who are 40 and older file for Divorce? Abuse - Either of the parties may choose to file for divorce if they have experienced verbal, psychological, or emotional abuse. Addiction- The marriage may suffer if one partner battles with alcohol, betting, or other drug problems. Due to their habits and addictions, they may misuse marital funds, tell lies, or alienate their partner, all of which can cause frustration and eventually result in divorce. Financial Issues- Money-related problems are one of the main reasons for divorce among cou...

How To Prove False Allegations Of Adultery By Wife In The Court?

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It has been observed that in some divorce cases, parties could sometimes do or say anything to gain any advantage including making false allegations against his her spouse, including the charges of cruelty or adultery.  Sometimes, it could be difficult for you if you are on the receiving end of these accusations as you would have to answer them at some stage.  You have to deal with these false allegations- Dealing with divorce is already hard enough, in addition to having to face the false charges of adultery would make things way more difficult. If there are children involved, the situation would just aggravate badly, hence the need to clear these false charges at the very initial stage.  You would have to face these allegations smartly, before dealing with these charges you would have to think about response in a calm and planned way. It is thus advised to seek legal advice from an experienced divorce lawyer in Noida . Divorce lawyer in Kolkata or in...

What If Husband Changed Mind To Sign Divorce Papers After Court Order

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The divorce procedure in India starts with the filing of the petition and is completed by the issue of the divorce's final decree. The divorce process is broken down into six stages: petition filing, summons served, response, trial, interim orders, and final order. The simplest definition of divorce is the formal dissolution of a marriage through the legal process of going to court, however there are other ways to acquire a divorce in India, including distinct ways for Hindus, Muslims, and Christians. Not only do the husband and wife separate during a divorce, but also the child's custody and property division are involved. Finding points of settlement and cohabitation between the husband and wife is always the goal of divorce law. The court may approve a divorce if the couple is not in a position to work things out. Marriage is dissolved as a result of divorce, which is a legal action against the outside world. To reflect the shift in marriage patterns, the laws g...

Recovery Suit Is Filed Under Which Section Of IPC

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Nowadays, it happens that the other party doesn't return the money or repay the amount within the agreed-upon time frame. So, the party who has suffered harm has a range of legal options to pursue against the defaulting party. If the aggrieved parties still don't receive the payment, they can go for one of these choices, Summary Lawsuit, Negotiable Instruments Act, Criminal case or Insolvency and Bankruptcy Code. Legal Provisions under IPC: Different laws allow for the filing of criminal cases in order to recover money owed to borrowers. If a borrower uses a check or a bill of exchange to make a payment but fails to do so, the moneylender may file a lawsuit under the Negotiable Instruments Act. Likewise, if a borrower uses a check or a bill of exchange to make a payment but it bounces, the moneylender may file a lawsuit under Section 138 of the Negotiable Instruments Act and the borrower is required to make up the difference within 30 days. If the borrower doesn't ...