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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.
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.
Best Divorce Lawyer In Delhi India As One Of The Oldest Law Firm In Delhi NCR, KM Law Associates Do Divorce Cases of All Kind Like Mutual Consent Divorce, Contested Divorce in Delhi, And Other Marital Disputes, For More http://www.kmlawassociates.com/
Ricky Martin says “I do”. ‘Livin' la vida loca' singer Ricky Martin has announced to the world that he’s now a husband to his male partner Jwan Yosef and this news couldn’t have come at a better time for the LGBTQ community in India when Sec 377, IPC is being reconsidered by the Supreme Court. On 8Jan, the Supreme Court has said that it will re-examine it’s 2013 verdict upholding Sec 377IPC which criminalises consensual Physical relationship between two gay individuals, violating fundamental rights under Art 21(right to life) and punishes the offender with punishment that is equal to rape u/s 376. The Supreme Court has agreed to re-examine Sec 377IPC after it legalised right to privacy as a fundamental right in Aug 17. Today, there seems to be a ray of hope for the LGBTQ community who may finally be able to come out of the closet and live a life of privacy, with dignity and equality. KMLAWASSOCIATES is the best law firm in Delhi NCR and is top rated in all types of litigation. The legal team of KMLAWASSOCIATES is poised to handle matters pertaining to real estate, company and business law, family/marital disputes, IPR, Human rights and Privacy law, etc in New Delhi NCR.
Caught between the devil and the deep blue sea, is it really a man's world? A married man wants to exercise his conjugal rights but his lawfully wedded wife cries 'marital rape'. A bachelor in a consensual relationship with an educated , independent and liberated woman , gets slapped with a rape charge if their relationship fails. In other words, a failed relationship leads to rape charges and Physical relationship after marriage may also have a similar fate, a classic example of being stuck between the devil and the deep blue sea. It appears that in cases of failed love affairs, Rape charges are being used as a weapon for vengeance and Vendetta to harass and even force a man to marry his partner even though the relationship has gone sour. In recent times, there's been a spurt in cases where women in failed relationships have filed rape charges against the men, accusing them of breach of promise to marry (the most recent one involved an IIT Kanpur student and an IAF officer). However, such complaints need to be cautiously examined as educated, independent, adult women tend to forget that to have a physical relationship before marriage is their option and refuse to take responsibility for their actions . KMLAWASSOCIATES is a toprated law firm in Delhi NCR having the most successful track record in all types of litigation.
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