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Expressing concern over delay in disbursing money awarded as maintenance to women by courts, the centre has asked the High Courts to setup a mechanism to fast track the process.Law minister Ravi Shankar Prasad has written to the Chief Justices of all High Courts flagging the issue of"procedural delays". Matrimonial issues require deep understanding and since advice can make or mar a decision, we at KMLAWASSOCIATES , the top rated law firm in Delhi , let our vast and successful experience be your best guide. Our team is committed to helping our clients succeed. We offer best legal services in issues related to divorce and other matrimonial disputes like: Maintenance/alimony Child custody Annulment of marriage Domestic Violence Criminal proceedings (498A, 406IPC) Restitution of conjugal rights NRI divorce
Lawyers For Divorce Cases In Dwarka Delhi KM Law Associates in Delhi provides the best divorce lawyer for drafting and filing of divorce petitions In Delhi, mutual divorce petitions, maintenance cases, permanent alimony cases, Domestic Violence cases and all other related matrimonial law proceedings. In Delhi Family Courts are located at all the five District Courts at Tis Hazari Court, Rohini Court, Karkardooma Court, Saket Coourt, Dwarka Court Delhi, Patiala House Court. Divorce cases can be filed before any of the said Family Courts depending upon the residential address of the parties to the divorce, the place of marriage or the location of the matrimonial home of the parties after the marriage. For More http://www.kmlawassociates.com/
Adultery Law Biased Against Men A serving Brigadier of the Indian Army found guilty of committing adultery has been awarded 3 years RI and will also be cashiered from service while the consenting woman, who was an equal partner in the affair, got off Scot free. This recent incident once again raises the question , ' why is Sec 497 IPC biased against men?'What happened to to 'Gender Equality'? Wonder why no noise has been made by feminists who leave no opportunity and fight tooth and nail for 'equality' in status, rights and opportunities. A large number of groups, working in pursuit of gender equality, are mute on this issue where the man(adulterer) faces harsh and criminal punishment while the woman (adulteress) gets away without any punishment of equal nature and is rather shown as a victim. On 7Dec2017, the Supreme Court has agreed to re-examine the 157 yrs old law on adultery u/s 497 IPC which punishes men only. Sec 497 states ' whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.' The Supreme Court bench has said that 'Prima Facie, , sec 497 IPC grants relief to the woman (wife) by treating her as a victim'. But how/why is it that when adultery is committed by two consenting adults, one( male) is liable for criminal offence but the other (woman) is absolved?When a complaint is received from a man or woman that their spouse is involved in adultery, both the parties should be liable for equal consequences. Ordinarily, the criminal law proceeds on gender neutrality but it is missing in Sec 497 IPC which clearly discriminates against men and violates Article 14, 15 and 21 of our Constitution. The Supreme Court has issued notice to the Centre, seeking it's response in 4 weeks. It will be interesting to watch how and when the feminists will come out with their slogans and banners , demanding gender equality u/s 497 IPC also, which on the first view , is archaic and tantamounts to subordination of a woman when the Constitution confers equal status. KMLAWASSOCIATES is a peerless law firm in New Delhi NCR , providing swift and effective legal advice and legal services. Our experienced and professional team combine their legal expertise to ensure that our clients-individuals or businesses , receive smooth and best possible legal solutions. KMLAWASSOCIATES is the most reliable law firm in Delhi NCR for Matrimonial matters like divorce, maintenance, child custody, domestic violence etc.
Are PRENUPTIAL AGREEMENTS just around the corner? With an alarming increase in divorce queries and cases, the youngsters planning to tie the knot must consider PRENUPTIAL agreement before taking their vows to safeguard themselves . Marriage in India is considered sanctimonious but there’s no harm in seeing it in a practical manner where both the parties know where they stand in the shadows cast by marital breakdown.Prenuptial agreements can help in avoiding acrimonious battles in the courtroom and will definitely save the courts' time. If prenup agreements are made diligently, both the parties can benefit without any bitterness. PRENUPTIAL agreements are currently not recognised in India but a few couples have attempted it by entering into an agreement under Indian Contracts Act . However, the same have not been upheld in the Courts. The ministry of women and child wants to make prenuptial contracts legal and some serious discussions were carried out in 2015 but the progress on this front is slow. However, slow progress is anytime better than no progress. As and when laws are made on prenuptial agreements in India, it must be ensured that these are gender neutral. Also, family wealth should be kept out of any settlement/agreement clause and only the wealth which is created during the period of marriage (common property of the couple) should be liable to be shared/ divided. Not only the material issues, even other issues like maintenance, child custody etc can also be addressed in the prenuptial agreements. KMLAWASSOCIATES is a Dwarka based Law firm with an unmatched success rate in divorce and other matters pertaining to marital discord/family disputes in New Delhi, NCR.
498A IPC already Addresses Marital Rape so why create an additional offence? In response to PIL on the issue of marital rape filed in Delhi High Court, Delhi Govt. has replied that it is already recognised as cruelty under law and as such, is an offence under section 498A of IPC.and FIRs are also being registered against the accused. Moreover, marital rape also been given a broader definition more akin to 498A IPC under the Domestic Violence Act. Delhi Govt has pointed out that marital rape is one of the grounds of cruelty for divorce under the personal law and there’s no need to create a new offence as enough safeguards in the form of criminal and personal laws exist to ensure that a wife isn’t forced to stay with an abusive husband. KMLAWASSOCIATES , Dwarka based law firm, is the first choice of people facing legal problems pertaining to marital disputes, divorce, family property disputes, domestic violence, maintenance, child custody, etc.in Delhi NCR. KMLAWASSOCIATES has successfully represented clients in corporate, commercial, business, real estate and money recovery matters in Delhi NCR.
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