Posts

Showing posts with the label Divorce lawyer in kolkata

What Are My Legal Rights If I Divorce And Have Kids?

Image
Not just in India but all across the world, custody of kids is one of the most important and delicate aspects of the legal system. Whenever a husband or wife with a number of kids chooses to end their marriage officially, the part of the law that deals with child custody is a specific case. In this situation, the child's expenses for housing and food are in doubt. The parents must agree among themselves as to who would have custody of the kid in circumstances of a mutual divorce procedure . They must choose who will have custody of the child and who will have visiting privileges. Custody of a kid becomes a subject for the court to consider during a contested divorce procedure . When determining custody rights, the court considers what is in the child's best interest. The court's decision will be based on each case's specific facts and the child's wellbeing. Factors the Court in India Takes Into Account When Deciding Custody The well-being and best...

Is Section 377 Ipc Appicable Between Husband And Wife?

Image
In the words of the Supreme Court, "Section 377 of the IPC does not criminalize any specific people, identity, or orientation." It simply specifies specific behaviours that, if committed, would constitute a crime. The same restriction governs sexual behaviour regardless of gender identification or orientation." Thus, section 377 applies to both gays and heterosexuals, and sexual encounters against the natural order could be penalized in the same way. Is Section 377 IPC Applicable Between Husband And Wife? Section 377 of the IPC allows a wife to launch a complaint against her husband for illicit sexual crimes. Because the section outlaws sexual intercourse against the law of nature regardless of one's sexuality or gender identity, such actions can be punished even if committed by heterosexual couples. Furthermore, even if the complainant had agreed to the act (regardless of age), the criminal might be penalized under this clause. The victim's cons...

How A Lawyers Initiate For Divorce Case

Image
A divorce is started by one of the spouses (the " petitioner ") submitting a divorce petition, serving the petition against the other spouse (the " respondent "), and the respondent filing a written answer (and sometimes a counter-petition). Depending on your situation and the relief you want, the divorce petition may also be two pages long or 40 pages long. You are generally not obligated to sign the divorce petition unless you're representing yourself in court. Hence, you must inform your lawyer if you wish to see it before it is submitted to the court and served on your husband.  By law, the Petition must include specific material as well as certain claims made by the party. A divorce can be initiated in a way that establishes the tone for the rest of the case. Therefore this decision must be properly thought out. Initiation of a Divorce Case through Lawyers Filing of the Petition for Divorce- A divorce petition is the first step in the initiation o...

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

Image
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...

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

Image
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...

How To Initiate Mutual Divorce In India ?

Image
As provided under the Hindu Marriage Act, 1955, both the husband and the wife have the right to get their marriage dissolved by a decree of divorce on the grounds provided under the Section 13. If a divorce petition has been filed by one party, it is called a contested divorce. However, in some cases the couple agree that they are unable to continue their marriage and file a joint petition for the dissolution of their marriage as provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent. To file a divorce petition either against your partner or by mutual consent, the first and foremost step you must take is appointing a divorce lawyer in Kolkata or in the city you are residing in. It is most important for you to be aware of the grounds for divorce, procedure for divorce or any other  law related to divorce law, which could be explained by an experienced divorce lawyer in  Mumbai or the area you are filing for divorce. Conditions ...