Lead India: October 2022

Monday 31 October 2022

What To Do For Same Day Marriage In Delhi With Registration?

 Although it is more common in cities like Delhi, court marriages are a generally acknowledged legal institution that is done throughout the nation. Nowadays, the majority of couples choose a same-day court marriage in Delhi since it has become a need for a number of documentation requirements.

It has been observed that many couples prefer to get legally married on the same day through the court marriage process for a variety of reasons.

There are particular jurisdictions in Delhi NCR's capital, where you can be married depending on the neighborhood you live in. The Hindu Marriage Act, the Special Marriage Act, etc., are a few examples of unique marriage legislation based on the faith where marriage can be solemnized. The court marriage process Delhi on the same day for couples has now become incredibly simple and hassle-free; all you need to do is follow a few key guidelines.

Eligibility Requirements For Delhi's Same-Day Court Marriage Procedure 

  • The minimum legal age necessary by law for the bride and groom to be married is 18 years old for the bride and 21 years for the groom each partner must provide their own approval before being married. The parties who can get married shouldn't be in good physical and mental health
  • There must not even be the faintest suggestion that the two parties are engaging in an unlawful or prohibited connection. If their culture permits it, a court marriage may occur inside a prohibited relationship.
  • Neither person had a spouse who already lived with them, nor were they involved in an ongoing marital relationship.

The Same day Court marriage in Delhi will let you wed if you and your partner match the minimum eligibility standards. But before the marriage can be finalized, there are a few documents that must be submitted at the time of the ceremony.


A few papers are necessary for the same-day court marriage process to be registered. 
  • Four photos the size of a passport for each party
  • Government-issued identity, such as a driver's license, Aadhar card, passport, or ration card, must be shown by both the bride and the groom.
  • A birth certificate with the date of birth or a certificate of completion of grades 10 and 12 must be provided by the parties to a marriage.
  • If a widow or widower marries, a certificate of a dead husband.
  • Divorced people are required to give a copy of their divorce decree when they remarry.

The ceremony requires two witnesses, who must both be of legal age, have government-issued identification, and have a passport-size photo.

Therefore, you must locate a matrimonial lawyer who works in Delhi if you wish to get married there using the same-day court marriage procedure.

You are in the correct spot if you want to get married in a same-day court ceremony and need a marriage certificate in Delhi. You can simply obtain a same-day court ceremony with hassle-free service. Any interested couple seeking marriage can receive help from Lead India by working with one of our highly qualified attorneys, who will be there for you every step of the way.

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Sunday 30 October 2022

What Is The Process To Hire A Lawyer For Any Case?

If you're looking to hire a lawyer, there is no shortage of accessible legal expertise. There are numerous lawyer in Gurgaon who regularly advocate their clients' legal interests in court. Because there are so many lawyers accessible, choosing the ideal one for you is more important than ever. But how do you know which choice is best for you, or how do you know that the one you have chosen is the best choice? You must do extensive research before choosing an advocate for you because making the wrong decision could have dire consequences.

There are lawyers who practice in a variety of professions who can aid clients with their legal needs, for instance, if any couples require assistance with marriage registration or for court marriage purposes. Similarly, if a person or spouse is experiencing marital issues or challenges pertaining to their marriage, selecting attorneys can be a difficult and weighty endeavour. However, after reading this article, you will be aware of how to hire the best lawyer in Delhi.

For any legal case always look for these qualities in your lawyers

Ø  Fully comprehend your situation before thinking about getting legal counsel: Start by deciding whether you require legal representation. It can be helpful to know when you don't need to hire a lawyer to represent you. If you are the subject of a lawsuit, are charged with a crime, require legal assistance with a divorce, or face any of these circumstances, hiring an attorney is a wise decision. The interests of litigants or criminal defendants are not the only things that advocates represent. Furthermore, competent attorneys provide knowledge and advice to people who simply seek them out as authorities or advisors.

     Take into account whether it is reasonable for you to handle the issue alone: Frequently, you might be able to handle the matter on your own, without an advocate's help. For instance, if you feel that a store has treated you unfairly, you can chat to them about your complaint if they have a customer service helpline. However, there are occasions when it is advisable to heed an advocate's advice since they will prevent you from speaking to the wrong people and ensure that you don't take any actions that could later damage your case.

Determine the significance of your issue: If you have been charged with a crime or are a defendant in a legal proceeding, you must talk with an advocate as soon as possible. Even when your rights have been violated and you have suffered harm, you should speak with an advocate as soon as you can since waiting too long may make it more difficult for you to obtain justice in a court of law.

It's never too early to start looking for legal representation, even if all you're attempting to do is head off potential issues in the future. Everyone encounters situations where they urgently need legal aid. It takes a certain kind of talent to locate, choose, and hire the best lawyer in Delhi to represent or advise you. Divorce and other challenges are among the many concerns that advocates work on. A lawyer will always defend your rights. It is imperative that you choose the best advocate for yourself as a result

Your search is over if you are a client looking to engage a lawyer for legal assistance. The best law firm in the Delhi-National Capital Region is Lead India who is providing its services to the entire nation. We have a team of lawyers in Ghaziabad who are incredibly talented, strong, and competent. Lead India's attorneys are all extremely dedicated, enthusiastic, hardworking, and knowledgeable in their individual fields of practice. We are committed to the cause of justice as long as we uphold the principles of professionalism and honesty.

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Friday 28 October 2022

What Law Applies If Foreigners In Two Different Countries Commit Crime Against Each Other?

When foreigners commit a crime, then the principles of International law shall be applicable. A legal body is granted jurisdiction to deal with legal issues practically through ramifications.

The idea of jurisdiction is closely related to the concept of sovereignty in public international law.

With the worldwide system of equal States defining the laws relating to people or activities in which they have a legal interest, jurisdiction enables States to maintain their sovereign independence. The lawyers in Delhi can help you understand the implications of jurisdiction.

Territorial Jurisdiction: The State Authority has the authority to establish, uphold, and judge the Law's rules. The State's territorial authority includes land, national airspace, territorial sea, internal waters, national planes, and national vessels. It includes both crimes that are committed on its territory and crimes that have an impact there as well. Concurrent jurisdiction happens in this situation. Legal assistance can be taken from lawyers in Mumbai while dealing with territorial jurisdiction.

Nationality Jurisdiction: This principle enables a nation to exercise its criminal jurisdiction over its citizens who have been charged with crimes in other States. It is typically only used in the UK to prosecute foreign British nationals who have committed treason, murder, or bigamy. As a result, common law nations have never objected to other States' extensive use of the nationality basis to determine their jurisdiction over criminal cases.

Active Nationality: This rule is intended to safeguard the state's interests overseas. The peaceful coexistence of international society could be harmed by strict application on the territory. The State has the fundamental right to use its legal system to punish illicit behaviour.

Passive Nationality: Passive nationality based on a treaty is more useful than passive nationality based on a statute. The State in which the offence was committed has the right to exercise jurisdiction. Common law states have opposed this, yet it is approved because of international offences.

Universality Jurisdiction: According to the universality principle, a State can assert jurisdiction over specific crimes committed by anyone from anywhere in the world, regardless of their location, nationality, or particular state interest. Prior to World War II, common law nations saw universal jurisdiction as being identical to international law, with the exception of acts that were deemed crimes in all countries and crimes against the international community as a whole, such as piracy and the slave trade. Following the Second World War, several acts regarded as international crimes have become subject to universal jurisdiction. International law imposes penalties for crimes committed against the global community. Every State has jurisdiction over human-committed international crimes, according to the universality principle.

Protective Principle: According to the protective principle, a sovereign State may pass legislation that makes any act or action that takes place outside its borders and has an impact on it illegal. Based on this theory, a country can enact laws that address offences that interfere with governmental operations or put the country's security under pressure.

Cross Frontier Jurisdiction: The Court may recognise jurisdiction in this case over any behaviour that occurs outside of its purview. When taking any legal action to address problems involving several parties, those additional parties will also be considered, similarly in different jurisdictions where the dispute resolution process may be properly started and where judgments based on the results will be made.

Any criminal case can be better understood with the help of the lawyers in Gurgaon.

Important Case Laws Regarding Jurisdiction:

SS Lotus Case (France vs. Turkey)

Turkey made a declaration in this case regarding the French national who was the ship's first officer and was involved in a collision with a Turkish ship on the high seas. France contested it on the grounds that it broke international law. According to the Court, the Treaty of Lausanne gives Turkey the right to detain the French officer. Additionally, it was established that the plaintiff would have the burden of evidence if someone contested a sovereign state's authority. International law is a system of freedom; nations are allowed to act however they see fit as long as it is not specifically forbidden. Reviewers consider this case as a strong example of positivism, which holds that the State must maintain control over sovereignty.  The court further declared that proceedings involving French-flagged ships in international waters fell under the concurrent jurisdiction of France and Turkey. These have been overruled by numerous treaties, which provide that only the flag State has jurisdiction.

Nicaragua vs. USA

In this instance, in 1979, at the height of the cold war, the US authorities were frightened when the Sandini States, a pro-Soviet administration, took power in Nicaragua. The Reagan government chose to help the US-citizen-led Somosista rebel group in Nicaragua in 1981. The Central Intelligence Agency often kidnapped Nicaraguan people while conducting major illegal and covert operations against the army and air force of Nicaragua. Citizens of Nicaragua filed a lawsuit against the United States for breaking the UN Charter Treaty. The ICJ discovered that the USA has blatantly violated Nicaragua's territorial sovereignty as well as the UN Charter's provisions and general principles of international law. Nicaragua retracted the complaint in 1992 as a result of intense pressure and issued an unofficial apology to the US Government.

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How To File PIL In High Court For Exam Papers Leaked And Exam Postponed?

The Public Interest Litigation (PIL) is a potent instrument for socially responsible persons who want to change the system through the legal system. These days, public interest litigation matters that are won or lost in India's High Court or Supreme Court frequently make the news. A PIL case undoubtedly affects the lives of those who are somehow linked to the issue, whether it is successful or unsuccessful.

Due to his contributions to Public Interest Litigation jurisprudence, Justice Bhagwati, who served as Chief Justice of India from July 12, 1985, to December 20, 1986, is frequently considered the originator of India's public interest litigation. Public interest litigation (PIL) can take two different forms: exemplary social action, Social Action by Citizens

Any Indian citizen or organization may bring a Public Interest Litigation (PIL). The only requirement is that it must be filed in the public interest as opposed to considering any sort of private interest. When a case is of great public interest, the court may also take notice of it and appoint an attorney to represent the client. Depending on the circumstance, Public Interest Litigation (PIL) may be brought before the Supreme Court or the High Court. The Public Interest Litigation may be heard by either court.

How to file a PIL in India:

Before bringing a Public Interest Litigation before the courts, an individual (the petitioner) must conduct extensive research on the relevant subject. Once a person has made the decision to launch a Public Interest Litigation (PIL), he should gather all pertinent data and the necessary paperwork to support and defend his case. A public interest litigant may represent themselves in court or retain counsel. In general, it is always good to speak with an advocate before submitting a PIL.

  • PIL In Supreme Court: Five copies of the petition must be submitted to the court if the person intends to file a PIL before the Supreme Court. Only after the Court issues a notice it is a copy of the Public Interest Litigation delivered to the respondent.
  • PIL In High Court: Two copies of the petition must be submitted to the court if the individual intends to file a Public Interest Litigation in the High Court. Each defendant must also receive a copy of the petition in advance; documentation supporting this must be attached to the PIL.

Compared to other court cases, a PIL is inexpensive in and of itself. A court fee of Rs. 50 must be paid for each respondent and attached to the petition. The petitioner's choice of advocate will determine the cost of pursuing the matter, nevertheless. As PIL can be filed in the High Court, a lawyer should be appointed for this purpose. High court lawyers in Hyderabad can be appointed if PIL is filed in Hyderabad.  If PIL is filed in Lucknow then high court lawyers in luck now can be appointed. High court lawyers in Bangalore can be appointed if PIL is filed in Bangalore.

Issues on which PIL cannot be filed:

According to a set of PIL guidelines published by the Supreme Court, the following issues are not eligible for PILs:

  • tenant-landlord issues
  • Service matters
  • topics relating to pensions and gratuities
  • complaints against Central and State government agencies and local bodies that are not related to the items 1 through 10 in the list of recommendations
  • admission to institutions of higher education and medicine
  • petitions to have matters that are pending in the High Court or lower courts heard quickly

Issues on which PIL can be filed:

  • violation of religious, constitutional, and human rights
  • compel local government to perform a public duty
  • implementation of government policy

Case Laws:

  • In response to rumors of a leak, one Bhagchand Sharma, who took the just completed REET 2021 exam, filed a PIL with the Rajasthan High Court asking for the exam to be canceled. In Rajasthan's Gangapur City, the first FIR regarding the paper leak was filed. Judge Govardhan Barhdar of the division bench and Justice Manoj Vyas dismissed the plea, noting that because the petitioner was also a candidate, he should have brought the matter before the Single Bench. The division bench, however, cannot accept it in this instance. Bhagchand Sharma further demanded that any central investigating agency conduct an impartial probe in his plea.
  • The application to put off the medical and dental admissions test was denied by the Delhi High Court. The petition was poorly drafted, and the court emphasized that it was already too late.

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Thursday 27 October 2022

What If Children Are Against Their Parent's Divorce?

When their parent's divorce, children frequently experience emotional turbulence that leaves them feeling helpless, angry, confused, unhappy, guilty, and self-blame. While some kids blame themselves, others might use that as an excuse to single out one parent.

Divorce, which currently refers to a legal declaration of separation or severance of the communion between a couple, has its roots in the Latin word "divortium," which originally meant separation. While divorce can have both positive and negative effects, it nonetheless signifies the dissolution of a marriage and the start of a new, better, and more tranquil atmosphere for the family. The couple's time is often taken up by the emotional roller coaster and challenges of working out the paperwork, leaving the child, in a sense, behind.

Parents frequently question and worry about how to lessen the impacts of divorce on their child or children. However, it is crucial to first grasp the effects divorce has on children and their life before taking any more action. Coming to terms with the idea that their parents no longer love one another, is not going to be married to each other, and are not going to stay together is tremendously upsetting and upsetting for a child. When they switch from living under one roof with both parents to living under separate ones with each, it dramatically disrupts their way of life. After years of consistency, the parent-child bond is badly impacted by the decreased contact with one parent. Many kids no longer feel as close to their fathers after the divorce, for counselling and guidance, it is best to take legal help from a divorce lawyer in Delhi.

When their parent's divorce, children frequently experience emotional turbulence that leaves them feeling helpless, angry, confused, unhappy, guilty, and self-blame. Their dread that their parents would cease loving them feels extremely real and dangerous since they may believe that the divorce is their fault and the outcome of their actions. While some kids blame themselves, others might use that as an excuse to single out one parent. They may also be angry with both of them for the disruption to the family as a whole. Oftentimes, this resentment shows up as rage and rebellious conduct.

Children's ability to cope with the shift in the family dynamic is further complicated and stressful by the need to adjust to a new home, frequent travel during the week and on the weekends, and even the possibility of a future stepparent. Even though the first year or two of adjustments is challenging, to put it mildly, many kids grow to be resilient and eventually adapt to the new environment and dynamic. But occasionally, the emotional wave that the kids are riding gets to be too much for them to handle and shows up as behaviour. Contact the experienced divorce lawyer in Cuttack for any divorce-related issues.

Some signs to look out for your children in your divorce withdrawal: once-enjoyed activities, friends, and a refusal to communicate.

  • Rebellious behaviour that typically manifests as acting out (misbehaviour, violence, or refusal to listen) and substance abuse
  • In addition to cutting oneself, other forms of self-harm include biting oneself, hitting one's skull against a wall, and even exercising until one is in excruciating agony and exhausted, to name a few.
  • Cutting oneself is not the only form of self-harm; other forms include biting oneself, hitting one's head against a wall, and even exercising until one is in excruciating agony and exhausted, to name a few.
  • Another crucial sign of a child's mental health is a loss in academic achievement together with a blatant lack of enthusiasm and motivation.
  • When a child has trouble sleeping for longer than the typical re-adjustment period, it is frequently a sign that the child is worried about divorce. This could be a result of the divorce's unclear outcome, their own place in their parents’ lives, or other factors.

By reading the above article, you must have an idea about divorce and how it affects children, contact lead India for legal counsel and guidance from the best divorce lawyer in Gurgaon or anywhere in the city. Feel free to reach any query related to divorce.

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Tuesday 25 October 2022

Is Arya Samaj Marriage Certificate Is Valid For Passport?

Similar to a Hindu wedding, an Arya Samaj wedding involves a holy fire. Its legality is derived from the requirements of the Hindu Marriage Act of 1955 and the Arya Samaj Marriage Validation Act of 1937. The Arya Samaj will grant a certificate of marriage to a groom who is at least 21 years old and a bride who is at least 18 years old. Any Arya Samaj temple will issue the marriage certificate following the completion of the ceremony in accordance with the Vedic traditions.

The Hindu, Buddhist, Jain, and Sikh communities frequently use this type of rite. In an Arya Samaj Mandir, inter caste and inter religious marriages are also permitted as long as no one being married is a Muslim, Christian, Parsi, or Jew.

Does Arya Samaj Certificate Valid:

The marriage is not legally registered, simply because an Arya Samaj Sanstha issues a marriage certificate. The marriage must be registered at the sub-divisional magistrate's office in accordance with the applicable rules after receiving the certificate. According to the Hindu Marriage Act, a marriage certificate must be requested if both the bride and the groom are Hindus. Although the Supreme Court has not yet decided this issue, the Special Marriage Act may be applicable if both parties practise different religions. An Arya Samaj marriage certificate, however, cannot be regarded as a legitimate legal document on its own.

Supreme Court Opinion:

  • While considering a request for bail from a person accused of kidnapping and raping a minor, the Supreme Court declared that marriage certificates issued by the Arya Samaj are invalid and that they lack the authority to do so.
  • The Supreme Court ruled that marriages solemnized by the Arya Samaj do not require registration under the Special Marriage Act in April 2022 while hearing another case from Madhya Pradesh. This does not, however, imply that Arya Samaj-officiated weddings are exempt from the requirement to be registered. According to the Supreme Court, the Hindu Marriage Act and the Arya Samaj Marriage Validation Act (AMA), 1937, are sufficient to uphold the law in the case of an Arya Samaj marriage. The Madhya Bharat Arya Pratinidhi Sabha, one of the parties in the case, stated during the proceedings that the Arya Samaj temples' ability to issue marriage certificates had been taken away by the Madhya Pradesh High Court's decision to reject the validity of an Arya Samaj certificate. The Supreme Court is still considering the case.

Arya Samaj marriages are normally not a problem in India because they are accepted as being legitimate. When a US citizen files for his or her spouse based on an Arya Samaj ceremony, there is a difficulty. The number of instances where US consulates incorrectly rule that Arya Samaj marriages are invalid and, in some circumstances, accuse the parties of fraud, seems to be increasing. Because of this, marriage petitions based on Arya Samaj marriages are proving to be delicate situations that call for more proof above what is often needed.

It is advised that clients be ready to present additional proof of relationship at the time of the visa interview as a precaution and in accordance with the American Immigration Lawyers Association's most recent practice tip on this matter. Although an Arya Samaj marriage is legally binding, some officers seem to be questioning the integrity of the ceremony and the nature of the marriage, specifically whether the parties are truly in love with one another and intend to spend the rest of their lives together in light of the ceremony's relative lack of formalities and the absence of many witnesses.

The Arya Samaj marriage certificate is legitimate and regarded as authentic, but the US consulates and the National Visa Center are suggesting that they would not accept it because the document is not legitimate outside of India, therefore it is also vital to be aware of this. As a result, applicants might need to provide a marriage certificate issued by the district's or state's marriage officer or registrar. (Section 8 of the Hindu Marriage Act or Section 15 of the Special Marriages Act may be used to register an Arya Samaj marriage.)

Couples mostly do Arya Samaj marriage when they want to do love marriage. If couples live in Ghaziabad then they can do court marriage in Ghaziabad. There is a certain difference in court marriage, according to different states. Court marriage procedure in Mumbai must be different from other states. For court marriage, a couple will need a lawyer. If a couple is doing court marriage in Delhi then a court marriage lawyer in Delhi should be appointed.

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How Many Sections In Hindu Marriage Act?

Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a watershed in the history of social legislation. Not only has it codified Hindu marriage law, but it has also made other significant revisions. The Act's proposed Hindu marriage scarcely qualifies as sacred. The Act brought about a number of significant reforms that had far-reaching effects and greatly diminished the sacramental character of marriage by turning it into a contract.

The Act's principal goal was to update and codify the law governing marriage between Hindus and other people. [1] It contained divorce and separation, both of which are already covered by Sastrik Law, in addition to modifying and codifying Sastrik Law. This legislation made Hindu law the same for all Hindu communities. In India, certain different religions have their own civil rules that regulate their followers separately.

There are 30 sections in Hindu Marriage Act. Here are some important sections of the Act.

1.     The Hindu Marriage Act of 1955 states in Section 2 [2]: The following applies:

·   to anyone who practises Hinduism in any of its manifestations, including Virashaivas, Lingayats, and adherents of the Brahmo, Prarthana, or Arya Samaj;

·      to anyone who practises Buddhism, Jainism, or Sikhism as a religion; and

·    Unless it is demonstrated that any such person would not have been subject to Hindu law or to any customs or usages that are part of that law in respect of any of the matters dealt with herein if this Act had not been passed, it shall apply to any other person residing in the territories to which this Who is not a Muslim, Christian, Parsi, or Jew by religion is defined by the act

·    Therefore, unless it is proven that such persons are not covered by the Act under any custom or usage, this section applies to Hindus by religion in any of its forms, as well as Hindus within the extended meaning, such as Buddhists, Jains, or Sikhs. In fact, it applies to all such persons domiciled in the country who are not Muslims, Christians, Parsis, or Jews. Only if a Hindu is domiciled in Indian territory does the Act apply to Hindus living outside of India.

2.     The Hindu Marriage Act of 1955 reads in Section 5[2]: Section 5 states that any two Hindus may get married as long as the following requirements are met: neither party has a spouse who is still alive at the time of the marriage, neither party is incapable of consenting to the marriage due to mental incapacity or, if they are capable of consenting, has been afflicted with a mental disorder severe enough to render them unfit for marriage and childbearing; The parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two; the bridegroom has reached the age of twenty-one at the time of the marriage; and Unless the tradition or usage that governs each of them permits of a marriage between the two, the parties are not within the degrees of prohibited relationship sickness of a form or intensity that disqualifies one from getting married and having children.

3.      The Hindu Marriage Act's Section 7 acknowledges the marriage rituals and practices. Hindu marriage can be formally dissolved using the rites and traditions that either side holds dear. The Saptapadi, in which the bridegroom and the bride take seven steps together in front of the holy fire, is one of these rites and rituals. When the seventh stage is completed, the marriage is consummated and legally binding.

4.      According to Section 8 of the Act, the state government may establish regulations for the registration of Hindu marriages, allowing the parties to any such marriage to have details about their marriages entered in the Hindu Marriage Register in the manner and under the conditions that may be prescribed. This registration is being done to make it easier to prove Hindu weddings. The state legislature may be presented with any rules created under this provision. The Hindu Marriage Register shall be accepted as proof of the statements made therein and should be available for inspection at all appropriate times.

Even if a couple wants to do court marriage, they can do court marriage under the Hindu marriage act. They need to register that marriage under section 8 of the Act. Couples can do same day court marriage in Delhi if they are living in Delhi. If a couple lives in Jaipur, they can do court marriage in Jaipur. Likewise, if a couple lives in Ghaziabad they can do Ghaziabad court marriage

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Is Arya Samaj Marriage Certificate Is Valid To File Divorce

     The Vedas, the oldest Hindu scriptures, is the subject of Arya Samaj's emphasis on their restoration. These marriages can be perfor...