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Child Custody

  Team LawDocs Contents    hide   1 Recent Development on Child Custody 1.1 Custody 1.1.1 Bench Ruled Bench Statement 1.1.2 Reference 1.2 Related Recent Development on Child Custody Child Custody- “ The children are neither to be treated as chattels; nor as mere play-things for their parents ” said Delhi High Court. After the break down of marriage or separation of spouses, the children are always the most affected parties. Children are sensitive and their needs are the utmost priority while deciding the custody. The most important factor while deciding the custody should be the interest of the children. Recently in the case of  Soumitra Kumar Nahar v. Parul Nahar [1] The Supreme Court held that no matter who wins in a custody battle, “ the child is always the loser ”. In the given case the couple had some petty matrimonial issues that arose soon after their second child was born in the year 2008. Personal allegations led the husband to file Guardianship Petition under the Guar

Domestic Violence

  Desk Team LawDocs Recent development on Domestic Violence Recently the Supreme Court in the case of  Vineeta Sharma v. Rakesh Sharma [1]  held that daughters have equal coparcenary rights. In the footprints of this judgment, came the judgement of  Satish Chander Ahuja v. Sneha Ahuja [2] ,  which secured the rights of women in general and particular;y in divorce cases. The judgement was pronounced on 15-10-2020 by a bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah. The Supreme Court also quoted that domestic violence in the country is rampant, and several women in the country face violence in some form or the other every day. The court while providing residential rights to women fighting divorce cases against their husband held that they could not be dispossessed from the marital household on the ground that the husbands do not wholly or partly own the property. The Supreme Court while pronouncing this judgement overruled 2006 judgment of  SR Batra vs Smt Taruna Ba

Marriage in India

  Team LawDocs What is marriage? Marriage in India – As per Hindu view, marriage is a sacred relationship in some Hindu system of marriage there is no role of State as marriage is private affair with social realm in traditional reference marriage is undoubtedly the most important transaction point in a Hindu life and most important of all Hindu “Sanskar”. The provision of divorce is considered anthema to the Hindu religion. Section 7 of the Hindu marriage Act, talks about the ceremonies and customs of marriage. It is solemnize in accordance with the customary rites and ceremonies of either party. Such rituals includes “Saptapadi” taking of 7 steps by the bride and bride groom together before the holy fire the marriage becomes complete and binding when the 7th step is taken in front of family of both bride and bride groom. Marriage Law in India The statutory law of marriage in India provides the following remedies to the parties to the marriage. 1.         Divorce 2.         Judicial se


Team LawDocs      Maintenance of Daughter under HAMA A Supreme Court bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah recently held, an unmarried Hindu daughter is entitle to claim maintenance from her father till the time she is married, given that she has to plead and prove that she is not able to maintain herself. However, for claiming the same, application/suit has to filed under Section 20 (3) of the Hindu Adoptions and Maintenance Act (HAMA), 1956, instead of Section 125 of the Code of Criminal Procedure (CrPC), the bench said. In the recent case of  Abhilasha v Parkash & Others [1] A daughter who is unmarried challenge the order of the judicial magistrate that grant her maintenance of Rs 3,000 per month to paid by her father from the date of the petition under Section 125 CrPC till the time she becomes a major. The mother and 2 minor sons also file a petition for maintenance with the daughter, but the same not granted, as they couldn’t prove that they were una

Senior Citizens Protection

  Desk Team LawDocs Parents and grandparents who are not able to maintain themselves from their own income. Can ask for maintenance from their children. And, “Childless Senior Citizens” who are not able to maintain themselves. From their own income can ask for maintenance from their relatives. Senior citizen in India means an Indian person who has attained the age of 60 years or above. Parent- means father or mother whether biological, adoptive or step father or step mother. Whether or not father or mother is a senior citizen Maintenance is inclusive of provision for food, clothing, residence, medical attendance and treatment Children means son, daughter, grandson, and grand-daughter but do a minor is not included under the same. An application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him. After receiving the application, the Tribunal should issue a notic

Mutual Divorce

Desk Team LawDocs Contents    hide   1 An appeal against the decree of divorce by mutual consent 1.1 In the said case: 1.2 Code of Civil Procedure 2 Reference 2.1 Related An appeal  against the decree of divorce  by mutual consent Recently, a division bench of Justice Rajiv Sahai Endlaw and Asha Menon of Delhi High Court in the case of Anshu Malhotra v. Mukesh Malhotra [1] , held that an appeal against a consent decree of dissolution of marriage is not maintainable and the remedy before an aggrieved party in case of allegations of fraud and misrepresentation etc. is by applying to the same court which had granted the decree, the High Court has said. In the said case: An appeal under Section 28 of Hindu Marriage Act read with Section 19 of Family Courts Act file against an order and decree of the judge, of the family court, of dissolution of marriage of appellant-wife with respondent-husband under Section 13B of HMA. The wife contended that the order and decree of family court does not

Insider Trading

  Team LawDocs The Securities and Exchange Board of India (“SEBI”) has continuously tried to improve regulations. Through, amendments in 2018 and 2019 after the revision of the insider trading system. With the implementation of the SEBI (Prohibition of Insider Trading) Regulations, 2015. SEBI notified the Securities and Exchange Board of India (Insider Trading Prohibition) (Amendment) Rules, 2020 on July 17, 2020. To introduce more amendments to the PIT Regulations. Contents    hide   1 (Prohibition of Insider Trading) (Amendment) Regulations, 2020 1.1 SEBI has also incorporated the following necessary amendments: 2 Circular dated July 23, 2020. 2.1 References 3 Related (Prohibition of Insider Trading) (Amendment) Regulations, 2020 The PIT Amendment include the following key changes: “Enhancement of the structured digital database towards seeking and storing additional details of persons sharing unpublished price sensitive information (“ UPSI ”) Automation of shareholding disclosures a