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|The four phrases - Marriage Solemnization, Marriage Registration, Court Marriage and Marriage Certificate - connote different things as per Indian Laws governing marriages. For example, |
Under The Hindu Marriage Act, 1955 the marriage has to be solemnized, then as per the wishes and option of the parties the same can be got registered, and thereafter, marriage certificate is given. There is no provision for direct court marriage or getting married before the marriage registrar; however,
Under The Special Marriage Act, 1954 the parties can directly apply to the marriage registrar for performance & registration of marriage and grant of marriage certificate, which is generally termed as court marriage.
| What is “Dowry”?|
What is “Dowry Demand”?
My fiancé and his parents are demanding dowry for my marriage, what to do?
My husband and in-laws are demanding dowry promised by my parents during my marriage, however, my parents are not in a position to fulfill the demands, what to do?
My husband and in-laws demanded dowry from my parents and they gave the demanded dowry; but I want the dowry to be returned, what to do?
My husband and in-laws are treating me cruelly and harassing, insulting, beating me to bring money, television, fridge, refrigerator, car, other goods, etc. from my parents, what to do?
My husband and in-laws demanded dowry from my parents and they gave the demanded dowry; however, after marriage, my husband and mother-in-law took away the dowry articles, and, even after my repeated demands for the return of the same, they are not returning the dowry articles, what to do?
What is the Purpose and Jurisdiction of Crime against Women Cell in Delhi (CAW Cell)?
What is dowry death?
What is “Domestic Violence?
What are the claims that I can make in “Domestic Violence” complaint?
| Divorce can be obtained by either of the Husband or Wife under the Law in which their marriage has been performed except in case of Foreign Nationals. For example, if the marriage has been performed under the Hindu Law, then their divorce would be governed by The Hindu Marriage Act, 1955.|
It would be in the best interest of both the husband and wife, if they can mutually settle in regards to "Custody of Child, if any", "Return of Dowry Articles / Istridhan of wife, if any, "lump sum maintenance amount of wife and child", "litigation Expenses" etc., and go for "Mutual Consent Divorce", where they can save both their time and money.
However, if the spouses fail to consent for "Mutual Consent Divorce", either of the spouses may apply for divorce through Petition in Court on the grounds mentioned in the law governing their Marriage and Divorce viz., cruelty, desertion, adultery, mental disorder, religion conversation etc.
| In case of neglect to maintain a Wife or Child by Husband / father, where the wife / Child is unable to maintain herself / himself, or wife has no independent income sufficient for her support and support of her child and the necessary expenses of the Court Proceeding, she may move an Application / Petition / Suit / Complaint in the said regards in Court.|
In domestic violence complaint before Magistrate, the wife can pray for residence, maintenance, compensation, restrain order against harassment etc.
Petition under Section 18 & 20 of Hindu Adoptions and Maintenance Act, 1956 can be filed for the grant of Maintenance.
First Information Report can be lodged by the wife under Section 406 of Indian Penal Code for misappropriation of her Dowry Articles and Istridhan.
If husband institute any matrimonial proceedings against the wife for divorce, judicial separation, restitution of conjugal right etc., she can move application for the grant of interim maintenance.
Custody of Child
|In any disputes between husband and wife relating to Custody of Child and/ or Visiting Rights to the Child, child’s welfare is the paramount consideration before the Court which includes cultural, ethical, moral, psychological, mental, educational, other necessities, and social & future security and growth of the minor child. Further as per the Ruling's of the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and other High Courts in India, there should be very strong reasons to deny visitation rights to any of the parents; it is in the interest of the minor child that the child grows up having access to both the natural parents.|
| A Family Partition can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the court. Family Partition or Family Arrangement can be arrived either orally or in writing; Registration would be necessary only if the terms of the family partition or family arrangements are reduced into writing.|
Any person may dispose of by will or other testamentary disposition, any property which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force.
Any person may dispose of by Gift any property which is capable of being so disposed of by him.
After the death of a person if his / her heirs want to obtain Succession Certificate or Probate or Letter of Administration with or without will annexed from Court, they must have title documents of the properties left behind by the deceased, Original Will, if any, death certificate of the deceased.
Succession to Stridhana, that is, property held absolutely by a female is governed by rules different from those which govern inheritance to the property of a male.
| What does the Freehold of Property in Delhi mean?|
What does the Leasehold of Property in Delhi mean?
Benefits of Conversion of Property from Leasehold to Freehold from Delhi Development Authority – DDA.
Steps involved in Conversion of Property from Leasehold to Freehold Delhi Development Authority – DDA.
Costs involved in Conversion of Property from Leasehold to Freehold Delhi Development Authority – DDA.
Can I complete the process of Conversion of Property from Leasehold to Freehold from Delhi Development Authority – DDA myself or I have to hire the services of Advocate / Lawyer / Vakil / Attorney?
| Validity of the Cheque / Check is six months from the date mentioned on cheque. If a Cheque / Check is dishonored / dishonoured / bounced, you have to issue legal notice within 30 days; if payment of dishonoured Cheque / Check is not received within 15 days, you can file Criminal Complaint under Section 138 of Negotiable Instrument Act within 30 days; you can also file Money Suit under Order 37 of the C.P.C.|
If you receive any legal notice for dishonour of Cheque / Check, you can make the payment within 15 days or you can reply mentioning reasons as to why you are not liable to pay dishonoured cheque amount. If you receive any court summons for Criminal Complaint under Section 138 of Negotiable Instrument Act, you have to appear before the court and file bail bond and surety bond, thereafter the case would proceed.
I have already made payment as per the Bank Statement regarding my Credit Card within the due date, however, the Bank Statement of the subsequent month still reflects that I have not made the payment due against my credit card. Further I have received phone calls from the bank that my Credit Card would be blocked if I do not make the payment. What to do?
| In Cases/ Suits/ Writs involving Letters of Credit/ Bank Guarantee, the Court is often confronted with the question of granting or not granting of any injunction/ stay against the payment being made by the bank of the amount involved in the Letters of Credit/ Bank Guarantee to the supplier.|
In law relating to Letters of Credit/ Bank Guarantee, a party seeking injunction against the encashing of bank guarantee by the suppliers has to show:
Prima facie case of established fraud and
An irretrievable injury i.e. where the plaintiff has no adequate remedy at law, and
Balance of convenience in his favour.
| In any Motor Accident, Car Accident, Bus Accident, Motor Cycle Accident, the following Court Cases may arise: -|
Police Case - First Information Report (F.I.R. / FIR) may be registered against the Driver causing Motor Accident, Car Accident, Bus Accident, Motor Cycle Accident under Section 279 or Section 337 or Section 338 or Section 304A of The Indian Penal Code (I.P.C. / IPC).
MACT / M.A.C.T. Claim relating to loss or Injury to life or Property - Motor Accident Claim Tribunals deal with claims relating to loss or injury to life / property resulting from Motor Accident, Car Accident, Bus Accident, Motor Cycle Accident etc.
The injured or the heirs of the deceased person of such Motor Accident, Car Accident, Bus Accident, Motor Cycle Accident my register F.I.R. / FIR and file MACT / M.A.C.T. Claim under Section 166 & 140 of the Motor Vehicle Act 1988.
The Driver of the vehicle causing such Motor Accident, Car Accident, Bus Accident, Motor Cycle Accident may file Application for grant of Anticipatory Bail / Bail and Application for release of his motor vehicle on Superdari and defend the case in Court.
| Consumer Complaint can be filed under the Consumer Protection Act, 1986 for Deficiency in Services. Consumer Complaint involving Rs. 20 lakh or less can be filed before DISTRICT FORUMS, above Rs. 20 lakh and up to Rs. 1 Crore can be filed before State Commission, and above Rs. 1 Crore can be filed before National Commission.|
The main advantage of filing consumer complaint over suit, where the facts and circumstances permit, is payment of very small Court Fee, less litigation expenses and invariably quick decision in the case. The disadvantage is that the decision is rendered without any proper trial of the case.
Rent Deed, Lease Deed
| If a person as Landlord wants to let on rent / lease his property, flat, shop etc., to a tenant, the first question that he encounter is about the period for which the rent deed / lease deed is to be prepared viz., whether the rent deed / lease deed should be for less than a year say 11 months or more than a year? Whether the rent deed / lease deed should be prepared on Rs. 50 stamp paper or full stamp duty as per law should be paid? Whether rent deed / lease deed should be registered or simply notarized? The vital aspect to be considered is - how to minimize the tenancy disputes?|
If any tenancy disputes arise, say about non-payment of monthly rent, not vacating the tenanted premises even after termination of lease etc., then how to proceed in the matter? Whether to file any suit / petition for payment of arrears of rent and / or vacating the tenanted premises? If so, whether any rent control legislation such as Delhi Rent Control Act is applicable? Etc. The other way of disputes might be that a landlord is not accepting monthly rent; a landlord is not issuing rent receipts for the rent paid; a landlord is threatening to forcibly evict the tenant; in such circumstances, what a tenant can do?
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