Divorce on grounds of cruelty has two forms one is the physical cruelty and other form is the mental cruelty, the physical cruelty is easier to prove as direct evidence is easily available, medical records, witnesses etc. But what about mental cruelty? how one can measure or see emotions like disappointment,fear, frustrations etc. which is […]

Divorce by Desertion Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that’s it. But actually what courts in India require are the 4 things […]

Is it cheating?   Now a day’s a number of criminal cases are being filed on the failure to perform the agreement to sell or execute the sale deed in favor of the buyer. But the question that comes to everybody’s mind is whether the same amount to cheating as well as criminal breach of […]

A cheque is defined under the Negotiable instrument act and if a cheque is bounced and liability on cheque is not discharged,it creates an offence under section 138 NI act, now the presumption under section 139 of the NI act  is a rebuttable presumption and that can be discharged by the accused if he can […]

The concept and the idea of mutual consent divorce is envisaged in section 13 B of Hindu Marriage Act, it is the easiest form of divorce in India till now, however still the requirement of section 13 B is that both thee the spouses make a motion before the court and then court will analyse […]

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and […]

How Maintenance to wife is assessed in S.24 HMA There are some criteria’s which are set by Indian courts in order to calculate and assess maintenance to be paid by the Husband to wife under S.24 of HMA. Did you though that Income tax returns are best way to assess the income of the husband […]

Bail not Jail Yes this is how the principle is enshrined in the constitution of India and Article 21 of the constitution of India enshrines this principle as “Right to Life”. But can we say that this principle is being followed in the courts of law and the accused persons who are languishing under trails […]

Specific Performance of Contract   The Specific Relief Act, 1963 have come with an sole objective to grant the specific reliefs in multiple ways like specific performance of contract (movable as well as immovable property)  Injunctions (permanent, temporary and mandatory). But in order the seek the relief of specific performance of the contract especially in […]

125 CrPc-How to alter the maintenance Once the order of maintenance is pronounced under 125 CrPC by the court against the husband than what is the legal recourse the poor husband has? One is to go for revision and already scope of revision is limited and it can only be exercised if some evidence is […]