Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
How could a husband be kept in a mental health facility for 42 days during a divorce dispute without the certification required by law? The Uttarakhand High Court examined the records and ordered his immediate release.
Section 498A (85 and 86 of The Bharatiya Nyaya Sanhita, 2023) of the Indian Penal Code was introduced in 1983 to protect married women from cruelty or harassment by their husbands or in-laws, especially in cases related to dowry demands. This law allows a woman to file a complaint if she faces physical violence, mental […]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have […]
Sexual Crimes in Delhi: For the last two days, I have been reading news of AAP MLAs demanding CCTV cameras in their office and homes. The said demand was accepted by the speaker, citing that they are under threat of being framed in false cases of molestation. At least 12 MLAs of the Aam Aadmi […]
Burden of Proof in Rape Cases | #FalseRape Accusation and Defence A lot of people imagine and believe that in Rape cases the burden of proof is on the accused and the statement of the girl is taken as Gospel’s truth. This kind of beliefs were prevalent about 498A (Husband or relative of husband of […]
Voidable Marriage under HMA The concept of marriage is a sacred institution which forms a relationship between husband and wife. The right to marry is one of the components of the Right to Life under Article 21 of the Constitution of India. The Hindu Marriage Act of 1955 governs the concept of Hindu marriages. Marriage […]
I ultimately supported the movement ever since #MeToo and #MeTooIndia started trending on Twitter and all media platforms. I was happy that, for once, the debate that men are falsely targeted would resonate, and the higher echelons of society, the celebrities, the media, and the pseudo-feminists would be divided. Some sanity would prevail in our society. A friend asked […]
These Women Are Not Entitled For Maintenance (Disqualifications For Maintenance To Wife) People looking for judgments and information on “No Maintenance to Wife” or “how to avoid maintenance for wife in India” forget one primary reason for having maintenance Provisions in law. The provision of maintenance wives in various matrimonial and other acts is a […]
Domestic violence is violence committed by someone in the victim’s domestic circle. This includes partners, ex-partners, immediate family members, relatives, and friends. The term ‘domestic violence’ is used when there is a close relationship between the offender and the victim. There is usually a power gap between them, and the victim is sometimes dependent on […]
CASE ANALYSIS Vineeta Sharma v. Rakesh Sharma, CIVIL APPEAL NO. DIARY NO.32601 OF 2018, decided on 11.08.2020 On 11.08.2020, the Supreme Court came out with a judgment about the Daughter’s Rights in Ancestral Property. The same was reported in various newspapers misleadingly as the Daughter’s Right in HUF Property or Parental Property, which is not […]
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