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An Unemployed Husband Gets Money If The Working Wife Has Divorced Him ?

The concept of maintenance in the favor of the wives is well known in the society, however, many of us may have not heard the right of a husband to get maintenance from his wife. Indian Law is based on the concept of equality of law, hence, both the husband and wife could claim maintenance from their spouse, however, there are some conditions on the husband’s right to claim for maintenance. Also, before filing Court Marriage in Delhi, it is advised to seek legal advice from an experienced court marriage lawyer in Delhi, who could explain to you in detail the proper procedure as well as the documents required for the same.

Maintenance-

Maintenance could be termed as providing for the necessities of life, such as food, clothing, shelter, education and medical expenses. It is the financial support from one spouse to the other so as to provide financial support to the incapable spouse, children or the aged parents.

Legal Provisions-

The legal provision to ensure the husband’s right to claim maintenance from his wife is provided under the Hindu Marriage Act, 1955. The provisions related to maintenance are-

Section 24- it provides that a “deserving man” who does not have sufficient income for his living and support and cannot afford necessary expenses for the same, can claim for interim maintenance from his wife, till the proceedings for the divorce are pending, if his wife can afford it.
Section 25- provides for the payment of a gross sum or some monthly or periodical payment for the lifetime of the husband, by his wife, keeping in mind the wife’s income and property. The order given by the court could be modified if any change in the circumstances of the party is found.

An agreement cannot prevent from claiming maintenance-

A mere agreement between the parties cannot prevent the court from exercising its jurisdiction, even in the case of a divorce by mutual consent, where the party agrees to not claim maintenance, the court can grant maintenance, if it deems fit.
The amount of maintenance to be provided is at the discretion of the court, and the decision shall be made in accordance with the facts and circumstances of the case.

The quantum of the maintenance to be provided-

No fixed amount of maintenance shall be paid. It is the discretion of the court to determine as to what amount of maintenance shall be paid to the party.
Some of the factors determining the amount of maintenance to be paid are as follows-

Status of the parties- the status and the position of the parties play an important role in determining the amount of maintenance to be provided to the claimant. The court evaluates the earning potential as well as the status of the party and thus, provides for the maintenance to be given.
The reasonable claims of the husband- the claims made by the husband must be reasonable and shall match with the standard of the necessities of their lives. In case it is found that the claims of the husband are not appropriate, such a demand for maintenance would not be entertained by the court.
Earning capacity of the wife- is also kept in the consideration by the court, while deciding the claim for maintenance by the husband.
Income as well as other property of the husband- while deciding the suit of maintenance, the court also considers the income as well as other properties of the claimant. If these sources are enough, the claim for maintenance could be denied by the court.

Cases-

In the case of Nivya V M v Shivaparsad M K, 2017(2) KLT 803, it was observed by the High Court of Kerala, that if the husband is provided with the maintenance in the absence of any incapability, then it will promote idleness, hence, the husband has to prove that he is permanently disabled to work and earn.
In the Case of Kamelandra Sawarkar v Kamelandra AIR1992 Bom 493, it was held by the Bombay High Court, that the husband could not depend wholly on his wife for income, in case the husband can earn and work, granting maintenance such skilled person would only promote idleness.

Conclusion-

As could be inferred from the above discussion, though there is a provision for maintenance to the husbands in the law, the provisions of the HMA intend to support husbands who are really incapable of earning for themselves. In case you wish to file for maintenance, it is advised to seek legal advice from the best lawyer in Delhi, so as to understand the legal options available to you in relation to your case.

Lead India offers you a team of experienced advocates, who have been successfully dealing with the cases related to divorce, maintenance, child custody, etc. In case you are in need of legal opinion or assistance, you may contact us.

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Thursday 29 September 2022

Why Do People Get A Divorce When They Know Its Effects On Their Kids?

Due to cultural shifts in attitude and behavior during the last 75 years, the meaning of marriage has been reframed. As a result, divorce no longer carries the shame it once did, and it has all but disappeared. The concept of marriage as a lifelong commitment has drastically changed and gradually developed to place an emphasis on personal satisfaction and fulfillment.

India has evolved over time from a location where getting a divorce was unheard of and maintaining a happy marriage was prioritized to a place with one of the highest divorce rates in the world. Divorce is a constant reality in society, despite the rising popularity of marital education, marriage counseling, and family therapists all the best lawyer in Delhi or anywhere in the city

The three main reasons for divorce, according to numerous researches, are disagreements, irretrievable breakdowns in relationships, a lack of commitment, adultery, and a lack of sexual intimacy. Lack of mutual interests and lack of compatibility between spouses are the least frequent causes.

Arguments, disagreements, and an irreparable break in the partnership
Lack of commitment to one another faithfulness or extramarital relationships Issues with communication between partners lead to a lack of physical closeness in relationships.
Partner abuse that is verbal, physical, or emotional is included in domestic violence.
Understanding that one's partner has different values or morals from oneself
Alcoholism and drug addiction
Lack of romantic love or intimacy
One spouse not contributing their fair share to the marriage
Financial difficulties or debt
young marriage
Incompatibility or a lack of shared interests between the parties

Side effects of divorce on their children:-

Parents may occasionally be unaware of the long-term impact of divorce on their children. Couples must reflect on and have a conversation about how divorce can affect their kids' long-term mental and physical health. In this article, we familiarize you with the difficulties that children may encounter when their parents decide to divorce with the help of a divorce advocate in Delhi.

Children who observe a hostile relationship between their parents after a divorce may occasionally experience the following impacts if their parents act immaturely and compete with one another.

Anxiety: Following a divorce, the youngster experiences tension, nervousness, and anxiety. Due to their reliance on both parents, young children are more susceptible to it than older ones. A worried child may st
Mood swings and irritability: Even while dealing with familiar people, young children may experience mood swings and irritation. Some kids will enter a state of withdrawal where they stop talking to everyone and isolate themselves. The child will grow more reserved and prefer to be by themselves.
Acute sadness: The child's heart and mind are overcome with acute sadness. Life doesn't feel nice, and as a long-term manifestation of this melancholy, the youngster may later experience depression.
Constant stress: Many children mistakenly believe they are to blame for their parent’s divorce and feel it is their obligation to fix the relationship, according to the American Academy of Child & Adolescent Psychiatry. This may put a great deal of stress and pressure on the developing mind, which may have a variety of effects like unfavorable thoughts and nightmares.
Disillusion and distress: Because they lack full emotional support from their parents, children of divorce may feel helpless and disillusioned. If the child is raised by a single parent without contact with the other parent, the condition may get worse.

For more assistance about divorce or regarding any other matrimonial issues you can contact lead India, we have an in-house team of the best divorce advocate in Delhi or from any other city. Feel free to reach us out for any kind of legal assistance.

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Wednesday 28 September 2022

WHAT IF I WANT TO DO COURT MARRIAGE WITH A MENTALLY UNFIT PERSON

In India, court marriage takes place as provided under the Special Marriage Act, 1954, and is applied all over the country. court marriage in Noida is allowed without any discrimination on the basis of caste, religions, place of birth, race, etc. The interested parties can apply directly to the Marriage Registrar in order to get the marriage certificate.

Eligibility-

Parties shall not be married at the time of court marriage.
Bride at the time of marriage should be 18 years old or more, while the groom shall be 21 years old.
The parties shall not be of unsound mind, i.e. they should be able to give a valid consent at the time of marriage.
Parties shall not be suffering from any kind of insanity or mental disorder.
The parties shall not be within the degrees of prohibited relationship.

Documents required-

The following documents are necessary to be submitted for applying for court marriage in patna-

Application form duly filled and signed by both the parties.
Proof of date of birth of the parties.
Residential proof of the parties.
Two passport sized photos of the parties.
Death certificate of the previous spouse, if one of the parties to the court marriage is a widow/er
Divorce decree in case one of the parties is a divorcee.
Affirmation by the parties that they are not related to each other within the degrees of prohibited relationship.

Procedure for the court marriage-

Notice of marriage- the parties need to file a notice for the court marriage to the marriage officer of the district. The notice shall be given in writing is provided under the Second Schedule to the Marriage Officer.
Publishing the notice- the notice to the marriage shall be published by the marriage officer in some conspicuous place in his office for a period of 30 days for any kind of objection to the application for court marriage. In case no objection has been raised, the marriage officer allows the marriage.
Objection to the marriage- As provided under the Section 7 of the Act, an objection to the application for the court marriage in pune could be raised by anyone on the grounds provided under the Act. The marriage officer under section 8 of the Act, shall inquire about the validity of the objection within 30 days. In case the objection is found invalid, the marriage shall be solemnized by the officer on the given date.
A declaration by the parties- before solemnizing the marriage, three witnesses are required in the court marriage. Signature and declaration as provided in the Third Schedule, in the presence of the Marriage Officer by the parties as well as the witnesses are required.
Certificate- after the above-mentioned steps have been followed, the marriage officer will issue the marriage certificate, which is signed by the parties and the three witnesses, this certificate is the conclusive evidence of the court marriage.

Conclusion

As mentioned above, the marriage cannot be performed by a person of unsound mind. While going through the process of marriage, a person shall be aware of the decision he is making and shall be in a condition to give his valid consent. A marriage with a person of unsound mind shall be held void.

Lead India offers you a team of experienced advocates, who have been successfully handling cases related to court marriages and matters related to family law. To seek legal advice or assistance, you may contact us.

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Monday 26 September 2022

How Can Couples Get Their Legal Rights After Court Marriage?

Initially, depending on the couple's chosen religion, different religious regulations in India governed marriages. However, the Special Marriage Act, which was passed by the Indian Parliament in 1954, allows people of various religious beliefs to engage in a legal marriage.

The act is applicable to both interreligious and inter caste unions, and Indian nationals living abroad may seek assistance under it. When a couple is married under this Act or has their previously solemnized marriage recognized under this Act, the marriage is controlled by the laws listed in the Special Marriage Act 1954 itself, not by the couple's personal religious laws. Through a judicial marriage, any two people (of different genders) from the same religion or from different religions can get married. court marriage in Delhi can be easily solemnized in front of a Marriage Officer.

Eligibility for Court Marriage:

At the time of filing for judicial marriage, neither party has a spouse who is still alive.
Both parties to a marriage are able to provide the union their legally binding assent. They should both be in good mental health, which means neither should have any mental illnesses that would prevent them from being married or have frequent episodes of insanity.
The bride has reached the age of 18, and the groom has reached the age of 21.
Both individuals are capable of having children.
The degrees of forbidden relations do not apply to the parties. Even yet, a marriage that falls within the parameters of illegal relations is nonetheless valid if it is permitted by either party's customs and traditions. The First Schedule of the Special Marriage Act of 1954 contains a list of relationships that fall inside the various categories of forbidden relationships. The divorce lawyer in Delhi is well versed with the laws relating to marriage and can be contacted in case of any confusion.

Notice for Marriage: The Special Marriage Act of 1954's Second Schedule specifies how this notice for intended marriage must be filed. The notice must include details and documentation from both parties proving their marital status, occupation, age, place of residence, permanent domicile (if the current residence is not permanent), and length of stay. A minimum of thirty days before the day on which the notice is delivered, the notice must be submitted to the Marriage Officer of the district where at least one of the parties to the marriage has resided. Such notices must be entered by the marriage officer in marriage office records, which must be kept accessible to the public and available for free examination by anybody who requests it. Additionally, the notice must be printed or displayed in the office. The same marriage officer must convey this notification to the marriage officer whose area the party with the permanent residence in question is located in circumstances where neither of the parties has a permanent residence in the district to which the notice was issued.

Wait Period for Objections: After publishing the notice, there is a 30-day mandatory waiting time before a judicial marriage can be performed. This is due to the fact that anyone may object to the marriage within thirty days of the notification being posted in the Marriage Office. But only if the parties planning to wed are in violation of the eligibility criteria listed in step one can such an objection be raised. If an objection is raised, the Marriage Officer must look into it and make a determination within 30 days of the objection being raised.

The proposed marriage cannot be formally celebrated by the Marriage Officer confirms it.

Appeal Against Objection: Any of the parties to the proposed marriage may file an appeal with the district court that has jurisdiction over the area where the Marriage Office is located in the Marriage Officer confirms the objection and refuses to solemnize the marriage. Within thirty days after the day the refusal was made, such an appeal must be lodged. If an appeal is filed, the district court's ruling will be legally binding, and the marriage officer would be forced to follow it. The lawyers in Delhi can help with the legalities of filing an appeal with regard to any objection.

Permission for Court Marriage: The proposed marriage may be solemnized once the required 30-day waiting time has passed and no objections have been raised, or even if an objection was raised and a decision has been rendered in the couples' favor.

Solemnization of Marriage: Three witnesses to the marriage must be present for it to take place on the day the couple intends to wed. The couple and their three witnesses, must sign a declaration in front of the marriage officiant, who will then countersign it before the marriage can be legally consummated on the designated day. The Marriage Officer's office does not necessarily have to be where the marriage is solemnized. Any other location that the parties choose as long as it is reasonably close to the office is acceptable for the meeting to be held there.

Marriage Certificate: The Marriage Officer will record a certificate of the marriage that happened in the Marriage Certificate Book once the union has been solemnized.

The wedded couple, their three witnesses, and the marriage officiant must all sign this marriage certificate. This marriage certificate provides unmistakable proof of an Indian judicial marriage. Thus, once the couple receives the marriage certificate, they can avail their legal rights after court marriage.

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How Property Lawyers Help Me With Disputed Land With The Government?

It is simply described as a conflict between two parties over who has the legal authority to own a certain plot of property. The ownership, possession, and control of the land parcels under discussion are among the legal rights.

India is a very diverse nation with a wide range of interests. However, it frequently turns into an inescapable cause of property acquisition problems. While the government announces the purchase of land tracts, disputes may surface. But there are numerous more causes of disputes that call for the assistance of the best property lawyers In Mumbai announcements made by the government about industrialization and development

Some common reasons for land disputes:

Conflicts brought caused by faulty boundary delineation
The conflict between different owners over ownership
disputes brought on by inheritance
forcefully grabbing land
Religion or gender-based discrimination
sale of a single piece of land to several buyers
Payment-related problems when using or purchasing land

Ways by which property dispute can be resolved

Settlement: If family members are involved in the property issue, you can opt to settle it through settlement. In the settlement, both parties must sit across from one another and agree on how to divide the assets and real estate. This entails the split of both transportable items like jewelry and immovable items like real estate. Families occasionally hire an impartial third party to uphold discipline during the procedure. Such an impartial third party can assist the parties in reaching a win-win conclusion. You should draught a settlement agreement once the family members have mutually agreed upon a distribution. This settlement agreement should be signed by all family members.

The settlement eliminates the need for the Best real estate lawyers In Mumbai and court fees. It is always preferable to settle if at all possible and in the first instance. You can go to court if a settlement cannot be reached or if it is unsuccessful.

Litigation: Litigation is nothing more than going before the courts to settle property conflicts. This entails attorneys, court fees, and frequently a sizable length of the delay. In the first case, unrelated parties will typically turn to lawsuits. Litigation is a long-term dispute resolution method that involves court procedures and processes. Only pursue litigation if you have all the necessary papers, including the title deed, and your property lawyers in gurgaon believe you have a good chance of succeeding. Courts have been known to order parties to settle out of court. This settlement is under court supervision.

Why do we need the assistance of a lawyer?

Generally speaking, land-related laws are intricate. Particularly in a nation like India, where land is a matter of state concern and is governed by a variety of legal systems. When you are involved in a legal issue or your land is being purchased, it is crucial to accurately interpret the laws. Apart from obtaining a prompt resolution to the disagreement, receiving the best guidance is ultimately what matters the most.

A skilled expert who can assist you in determining your next line of action must be consulted because receiving proper legal guidance is not an option but a must. While no one ever wishes to find themselves in such a terrible circumstance, many of us frequently find ourselves on the losing end of an unwelcome court battle. The major issue with such a dispute is that no one is certain of how long it will take to reach a satisfactory resolution. The already complicated scenario is made worse by the sheer number of distinct laws centered on land acquisition and disputes. The only quick solution that sprang to me is hiring a knowledgeable and experienced land dispute attorney.

Lead India makes communication with an advocate easier. Get the appropriate answers to all of your questions by speaking with an expert lawyer today.

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Friday 23 September 2022

Why Court Marriage Is Easy In India?

A court marriage takes place when a man and a woman are legally allowed to wed, regardless of their social background or status in front of a judge, a marriage official, and three attendees who shall act as witnesses. Under the Special Marriage Act of 1954, court marriages are performed in India. Court Marriage in Delhi can be easily solemnised once the registration process is initiated.

Essential Conditions for Court Marriage:

Both the bride and the groom need to be at least 18 and 21 years old.
The parties should not be insane or mentally ill.
They should be capable of giving valid legal consent to get married.
They shouldn't be in a banned relationship to the extent that it would prevent them from getting married. When a tradition controlling at least one of the parties authorises the union of the parties, a marriage may be solemnised irrespective of whether the marriage falls within the range of prohibited unions.
At the time of marriage, neither party should be currently married.

Required Documents:

The application should have both parties' signatures.
Verification of the parties' birth dates.
For both parties, residential evidence.
Two photographs of the bride and husband that are the size of a passport.
A divorce or death certificate if the individuals had a previous marriage
Proof of payment of fees associated with the District Court application form.
A statement from both parties stating that their relationship does not fall within the Special Marriage Act's definition of a prohibited connection.

Witness For Court Marriage:

Anyone can be a witness to Court Marriage, who knows the couple including family members, friends of the couple, coworkers, and friends. Additionally, a court marriage must be solemnised in front of three witnesses.

Documents of Witnesses:

The most crucial document to present to the marriage officer is the witness's residential verification.
The witness must also give their PAN card to the marriage officer.
Three witnesses to the marriage must each provide a passport-size photo.
The witness's identification document, such as a driver's licence or an Aadhar card.

Court Marriage Fees:

Different states have different court marriage fees. The average cost of court marriage is between Rs. 500 and Rs. 1000. However, it is always advisable to double-check the fees before submitting an online application for a court marriage because each state establishes its own rules and regulations and specifies its own fee structure for the ceremony. The Court Marriage registration form must be filled out and the court marriage documents and fees must be attached.

Procedure For Court Marriage:

Notice: The district marriage official must first be notified by the parties. The parties to the marriage must give written notice of their desire to wed to the marriage official in the manner outlined in the second schedule.

Publication of Notice: After publishing the notice, the marriage officer must post it in a prominent location in his office; any form of opposition must wait 30 days before being filed. In the absence of any opposition, the marriage official may perform the ceremony.

Objection to Marriage: Anyone may oppose the marriage under Section 7 if they believe it would violate any of the provisions outlined in Section 4 of the act within the 30-day period. However, a legal argument should be made rather than a personal one. After investigation, if an objection does not prevent the marriage from being solemnised, the Marriage Officer shall conduct the marriage.

The declaration: In a court marriage, three witnesses are necessary before the marriage is solemnised. It is necessary for both spouses and three witnesses to sign and declare using the Third Schedule's designated form in front of the marriage officer.

Place of Solemnisation: According to Section 12 of the Special Marriage Act, a court marriage may be solemnised anywhere that is reasonably close to the marriage registrar's office. The process of paying the court marriage fees is included in the online application for court marriage.

Certificate of Marriage: The marriage official will issue the marriage certificate once all of these procedures have been completed. And both parties as well as three witnesses, must sign this certificate. A certificate of this nature is proof sufficient of judicial marriage.

Advantages of Court Marriage:

One practical aspect of the Indian Court Marriage Process is that it is far simpler than traditional marriages, starting with the completion of an online application for court marriage and ending with the registration of court marriage.
It is more affordable and simpler.
It avoids the high costs associated with wedding ceremonies and traditions.
The marriage may be solemnised in any manner desired by the contracting parties.
It guarantees both parties' agreement.
Both parties to a marriage voluntarily sign the marriage licence.

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