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“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
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
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.
KMLAWASSOCIATES is a top rated law firm in Delhi and successfully resolves property issues like illegal possession, ancestral property settlement, builder delay in handing over possession, landlord tenant dispute, real estate disputes under RERA Act, partition suit etc. KMLawassociates is the best law firm in Delhi NCR and is led by a thorough professional with an eye for detail. Our expert domain knowledge and integrity not only meet but exceed our clients' expectations.
KMLawassociates is one of the most trusted law firms in matters pertaining to Armed Forces in Delhi NCR. Our team is committed to serving those who serve our nation and provide the best legal services to prosecute/defend those who have been court martialed due to indiscipline/ disobedience of command. KMLAWASSOCIATES has achieved a high success rate while representing a large number of defence personnel in Armed Forces Tribunal, New Delhi. The Armed Forces personnel provide us unwavering protection and we at KMLAWASSOCIATES ensure that no stone is left unturned to protect their legal rights in disciplinary and service matters with respect to commission, appointment, Court Martial, salary / pension issues.
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