CAN I SUE MY IN-LAWS AFTER DIVORCE TO MISLEAD MY WIFE?

The Hindu Marriage Act, 1955 defines divorce the dissolution of the marriage in legal terms. There could be various circumstances where the couple is not in a condition to continue their relationship or marital obligations. Thus, to ensure that the parties could enjoy a safe and healthy life, the concept of divorce has been introduced as the final solution to an already dead relationship. Thus, before deciding to completely sever the relationship, it is better to understand other legal options available to you such as legal separation, etc. for this you shall seek professional advice from the Best Lawyers In Delhi.

Different theories for divorce-

Fault theory- As per this theory, marriage could be ended if one of the parties is responsible for or is liable to the offence committed provided under the marital law. The party who has suffered could seek divorce under this theory.

Mutual Consent- A marriage could be dissolved by mutual consent, i.e. when both parties agree to end their relationship by giving their free consent.

Irretrievable Breakdown of Marriage- As per this theory, a divorce could be filed by the parties, due to the failure of their matrimonial relationship. The divorce can be taken by the parties, when there is no other option to save their relationship. 

Hindu Marriage Act, 1955

• The Hindu Marriage Act provides for the divorce based on the faulty theory.
• Under Section 13(1) any of the aggrieved spouses can approach the court, 
• While Section 13(2) provides for the ground under which a wife can seek divorce from her husband. 

Grounds for divorce- 

Adultery

• The concept of adultery was introduced by the Act under the Marriage Laws Amendment, 1976. 
• Essentials of adultery could sum up as-

1)      One of the spouses must have had intercourse with another person of the opposite sex, married or unmarried.

2)      The intercourse shall be voluntary

3)      At the time the act was committed, marriage was still subsisting

4)      There shall be circumstantial evidence to prove the act. 

Cruelty

• Cruelty could be mental as well as physical.
• Mental cruelty is the act by the partner which could result in an adverse effect on the health of the partner. 
• Following instances could be counted under mental cruelty-

1)      False accusation of adultery

2)      Demanding dowry

3)      Impotency of the husband

4)      Forcing to abort the child

5)      There could be various other acts which could result in causing mental cruelty to your partner.

Desertion

1)      Means permanent abandonment of the spouse without any reasonable justification and without the consent of the partner.

2)      Or the partner could have forced his/her spouse to leave the relationship by his behavior.

·         Other grounds under the Section 13(1) of the Act are-

1)      Leprosy

2)      Leprosy

3)      Renunciation of the world

4)      Presumption of death when the other party has not been heard of for a period of seven years.

Divorce with Mutual Divorce-

As per the Section 13B of the Act, a petition for divorce by mutual divorce shall be filed by both the parties, it is advised that before taking the decision of divorce, you contact the Best Lawyers In Mumbai or your own city, who could guide you through the various legal options available to you as per the law.  If the parties wish to end their marriage through mutual consent, they have to file the petition after a period of one year has been passed, also the parties shall have to live separately for a period of one year or more. 

• Also, as per the section 14 of the Act, the petition for divorce cannot be entertained by the court before a period of one year has expired, however, if the case is related to bigamy, and the consent of the spouse was taken through fraud, misrepresentation, undue influence, etc then the court can accept the case to be  heard. 

The above mentioned are the grounds for the procedure of divorce, as can be seen through the above article, the case for divorce under any theory can be filed only if the party is willing to file for divorce. If your wife filed for the divorce under the misleading of your in- laws, in case they presented some false facts about you, etc, you can seek other legal options such as filing defamation, etc if the charges framed against you were proved to be false. 

Thus, in any case, either before filing for divorce or after filing for divorce, it is advised that you seek legal advice from the Best Lawyers In Kolkata or your own city. In this regard, Lead India could assist you as we offer a wide pool of experienced advocates who have been successfully dealing with cases related to divorce, maintenance, etc.

 

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Do I Get Bail Due To An Arrest For Business Fraud?

Bail refers to a type of security or bond that is provided in exchange for a person's release from custody. It is a criminal's pro tem release prior to the start of his trial. The Criminal Procedure Code of 1973 does not define the word "bail" anywhere, although it does define the phrases "bailable offense" and "non-bailable offense" under Section 2(a).

India sees numerous business fraud crimes every day, and the police frequently find the culprits they think are responsible for the crime. After a few weeks or months following their conviction, the trial begins. It is possible for convicted criminals to be innocent at times and still be sentenced to prison. Bail is the only option to escape this situation and to get bail release, especially in cases of business fraud, you need to hire a Business Lawyers In Mumbai or from other cities who hold experience in similar cases.

Conditions in which the police grant bail

When a warrantless arrest has been made

• Any accused person may be arrested by a private person under Section 43 of the Criminal Procedure Code. Following the arrest, a private individual should take the guilty person to the police station or immediately turn him over to a police officer. If the police believe that the convicted person should be released, they will do so.

• The police officer may release that person on bail in accordance with the terms of this Section thanks to Section 56 of the Criminal Procedure Code.

• According to Section 169 of the CrPC, bail can only be established after an inquiry has been conducted. This Section does not grant bail prior to that time. The police officer in charge of the police station or the officer conducting the investigation can set bail.
  

• If a person is charged with a crime for which there is no provision for bail, Section 170 of the Criminal Procedure Code gives the officer in charge of the police station the power to grant bail.

When the arrest is made after the warrant has been issued

• According to Section 73 of the Criminal Procedure Code, the police officer to whom the warrant was issued may grant bail if the court issuing the warrant specifies that the individual executes a bond in which he has supplied sureties for appearing before the court when the court specifies.

• Sections 81 and 82 of the Criminal Procedure Code (Cr.P.C.) make it clear that if an arrest is made within a district, a police officer other than the District Superintendent of Police or the Commissioner of Police may release the suspect from custody; however, if the arrest is made outside of the district, the District Superintendent of Police or the Commissioner of Police in the area of the arrest may release the defendant.

There are few conditions for getting bail release under business fraud

The court may release someone on bail under the following circumstances:

• There is no prima facie evidence against the accused: The existence of a Prima-Facie case is the primary factor the judge takes into account when deciding whether to grant an accused person ordinary or anticipatory released under Section 420. Prima-Facie is Latin for "received as true unless proved wrong." If there isn't a Prima-Facie case against the accused, there are better prospects for gaining bail.

• Long-term delay in case resolution: The accused may also be granted bail due to a long-term delay in case resolution. To secure bail in this instance, the Court's approval is crucial.

Bail for a business fraud case will depend on the specifics of the case, the Court's discretion, and other factors. The chances of obtaining bail for a crime under section 420 of the IPC, which is a non-bailable charge, can be increased by employing an expert Bail Lawyers In Mumbai. It can be difficult to obtain bail in situations like this, so it is recommended to hire a lawyer with experience with cases much like yours. A capable attorney can assist in creating a proper and persuasive bail application, increasing the likelihood that the Court will grant bail.

If you are looking to know more about how to get bail in cases of business fraud, then you need to hire a Corporate Lawyers In Mumbai who holds knowledge in business and corporate subjects. Contact lead India to get in touch us with our excellent team.

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What Is The Legal Process For Immigration?

As the globalized world progressed, people began to migrate in increasing numbers in search of social, political, and economic stability. With a wide variety of attractions, India, a nation with many different races and traditions, draws immigrants from all over the world. Transferring people from one country to another with the goal of establishing a permanent presence is known as immigration. The largest challenge for immigrants is becoming citizens of the host country and exercising their fundamental rights there.

On the contrary immigration process involves lots of formalities and documentation but also for the correct procedure and knowledge, you will be needing guidance and the help of an Immigration Lawyer Delhi or from other cities.

Immigration-specific laws and policies that specify the requirements and restrictions for attaining citizenship typically address these issues. While in the Indian subcontinent, immigration laws are governed by the provisions of the Indian Constitution and the Immigration Lawyer Mumbai or from any other city in India. A person of Indian descent or a family member with Indian heritage is considered a citizen under Articles 5 to 11 of Part II of the Indian Constitution. Article 10 addresses the continuation of foreigners' citizenship in India, subject to any new legislation passed by the legislature. The Indian constitution prohibits multiple citizenships and only recognizes one across the entire nation. 

In addition, it adds that foreign nationals can obtain Indian citizenship by completing the Naturalization process after residing in India for at least 14 years and registering as a foreigner with the Foreigners Regional Registration Officer or Foreigners Registration Officer. Jus sanguine citizenship by blood, as opposed to jus soli, is the rule of law in India citizenship by birth.

Rules and restrictions in the immigration process

The following legislation has been passed to speed up the citizenship application process for foreigners:

• According to the Passport (Entry in India) Act, foreign nationals entering India must get visas from Indian missions.
• The law also lists the documents that must be shown in order for foreigners to enter the country legally.
• The Foreigners Statute of 1946 is the law that controls foreigners' entry into India and their stay there till they depart.
• The 1939 Foreigners Registration Act and the 1992 Foreigners Registration Rules Foreign nationals who stay past the expiration of their visas must register with the registration officer.

Documents required for the immigration process

Except for a specific class of people who are exempt, everybody entering India from anywhere outside India must have a valid passport. The following are the requirements for a valid passport:

• Published by or on behalf of the Government of the nation whose national is the subject of the document
• shall be at the time that it is valid
• The passport's issuing agency must attach[6] and properly authenticate a photo of the person it pertains
• Shall have been granted a visa for India in one of the following categories: a single voyage visa, a transit visa, a regular visa, or a multi-entry lifelong visa.
• specifically, valid for admission into India or specifically certified as valid for entry into India by a competent authority
• Shall not have been acquired through deceit or deception.

 So, if you are looking to know more about the immigration process, or if you are an immigrant from another country and need any assistance or guidance regarding immigration, then lead India is the perfect platform for the same, we have a team of Lawyers In Ghaziabad and all over the country who are ready to help you with their in-depth knowledge and the experience in the similar field, feel free to reach us out and book your 1^st consultation absolutely free.

 

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HOW COURT MARRIAGE’S COUPLE GET POLICE PROTECTION AFTER DIVORCE?

Court marriage procedure is a simple process in India. It is solemnised between two parties who wish to get married through Court, which is provided under Special Marriage Act, 1954. The procedure of Court marriage is helpful for the couples who wish to perform an inter-faith or inter-caste marriage. It is advised to seek proper legal guidance from an experienced Court Marriage In Delhi for the procedure of the court marriage.

Conditions Necessary for the Court marriage

As mentioned under Chapter II, Section 4, certain conditions are provided for entering into a court marriage-

1. Previous Marriage- neither party shall have a living spouse at the time of filing for court marriage. Thus, the previous marriage shall not be valid. 

2. Consent- the parties to the marriage shall be competent to give their consent for the marriage. Thus, the parties shall be capable of understanding the situation as well to enter into a marriage.

3. Age- the male must be 21 years of age and female shall be 18 years old or above.

4. Prohibited relationship-  it is necessary to conduct court marriage that the parties do not fall under the degree of prohibited relationship as provided under the Schedule I of the Act. 

Steps for the Court Marriage-

I Step- Notice of the intended marriage

• Is to be given to the marriage officer of your area.

• You must have stayed in the area for at least a period of 30 days.

II Step- Publication of notice 

• The notice shall published in the office of Marriage officer for a period of 30 days.

III Step- Objections to Notice

• In case, an objection is raised against the application filed for the court marriage, within the period of 30 days during its publication, the marriage officer shall have to inquire its validity.

• The inquiry shall be completed within a period of 30 days from the day the objection was filed.

IV Step- Signing of Declaration

• After the inquiry, if the objection is found to be invalid, or no objection was raised, the parties would be provided with a date for the procedure of court marriage.

• The parties shall be present in the court along with the witnesses, and sign a declaration for marriage. 

V Step-  Place of Marriage

• The place of signing the said dec;aration could be the office of the marriage officer

• Or any other place at a reasonable distance from the office of the marriage officer.

VI Step- Certificate of Marriage

• The marriage officer shall enter a certificate in accordance to the Schedule IV of the Act in the certificate book.

• Signed by both parties and the witnesses, such a certificate shall be the conclusive evidence of the marriage. 

Divorce

Both men and women could apply for dicorce on the following grounds- 

• Mutual consent

• Cruelty

• Adultery

• Desertion

• Conversion

• Mental disorder

• Communicable disease

• Renunciation of the world

• In case the spouse is presumed dead

Based on the above mentioned grounds one can file for divorce either in a joint plea with their partner or in a contested divorce on the grounds provided as per the law. For further advice or guidance, you can contact an experienced Divorce Lawyer In Delhi, who explains the provisions in more detail in accordance with your case. 

Lead India offers you a team of experienced lawyers, who have been dealing with the divorce cases for many years and could provide you with legal advice or assistance in your case.

Police protection

• Criminal intimidation is punishable- a person who commits the offence of criminal intimidation shall be punished in accordance with the provisions of the IPC.

• Even though the times have changed, society is becoming open-minded and is not as inclusive as it was a decade ago or so. 

• However, to challenge the dominant belief of caste system is not so easy to eradicate from the society, hence the couple has to be patient and take their decisions in a calm way. 

• In any case, the legal system is for your protection only and would be helpful if you approach it in a proper and organised way. Thus, before taking any step, you shall seek proper legal advice from an experienced Lawyers In Delhi as to what step you shall take and what pre

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