Wednesday, March 9, 2016
Section 24 in The Hindu Marriage Act, 1955 24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband
Wednesday, January 27, 2016
Explanation - In this clause, -
(a) the expression "mental disorder' means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
Explanation - In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. (I-A) Either party to a marriage, whether solemnized before or after the commencement of this Act may also present a petition for the dissolution of the marriage by a decree of divorce on the ground -
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Tuesday, May 15, 2012
Child Custody Tips - 007 Detectives Private Investigators India
Getting a divorce is not an easy thing to do and if there is child custody involved then the divorce case might get dragged into litigation for a long time. Child go through the worst effects of divorce and it can have a long lasting effect on the budding mind of the children . In order to avoid this, you need to take the best possible step so that your children can have a better future. While granting the child custody to any of the spouse, the court takes a decision keeping the best interest of the child in reference. If children is an infant then maximum times the child custody is granted to the mother than to father. The reason behind this is that a mother is the best suited for the upbringing of the child than the father.While going for the child custody, you first need to understand child custody and what all involves in it. Given below are the types of child custody that a court grants.
Joint legal custody:- Ask your advocate about tips for child custody. You will find that the joint legal custody is the best custody plan for the upbringing of the child. In this type of custody, both the parents are granted full rights and responsibilities of the child. They both cover the basic areas of child upbringing. But you need to work out a plan with your spouse about keeping personal ego aside and working in the best interest of the child.
Solo legal custody:- In this type of custody, all the legal rights and responsibilities of the child are given to one parent . The other parent only gets the visitation rights to meet the children.
Solo physical custody:- In this type of child custody, the child gets to live with just one parent and not with the other parent. The non custodial parent might get the child visitation rights but this is also granted keeping the best interest of the children in loop by the court.
Joint physical custody:- In this type of child custody, both the parents get the joint physical custody of the child. Both the parents can be with children on a daily basis or if not daily then on equal basis. In simple terms joint physical custody is like the children stay in the same family but only the parents rotate.
Most of the divorcing parties opt for a joint legal custody of the children for the best upbringing of the child. If your case is dragged into litigation for child custody, make sure that you have all the updated information about the life partner and child custody laws.