Adultery as mentioned under Section 497 of the Indian Penal Code can be defined as ‘consensual sexual intercourse with the wife of another man without his consent or connivance,’ with up to 5 years of imprisonment, fine or both, it used to be entertained as a criminal offense. Dating back to 1860, Enshrining the Patriarchal …
Marital Rape, is a recent contentious issue in Parliament. It is unlawful, forced sexual harassment or sexual intercourse with a woman without her will or permission. Especially it refers to the act of sexual abuse with one’s spouse (wife). From British law “marital rape” is not illegal. But as time passed by and in 2003 …
Wife Can Seek Maintenance Under Section 125 CrPC If She Has Challenged Divorce Decree And Hasn’t Accepted Permanent Alimony Under Section 25 Hindu Marriage Act. Despite the Family Court’s grant of a divorce order, the Allahabad High Court recently awarded a wife’s claim for maintenance under Section 125 of the CrPC, noting that an appeal …
The Supreme Court stated that a woman is not a chattel who can be forced to live with her husband. The court was hearing a case in which a man sought a court order compelling his wife to remarry him. A slave or a tangible item of property is referred to as a chattel. “What …
WOMEN CAN NOT BE FORCED UNDER RESTITUTION OF CONJUGAL RIGHTS , SAYS THE SUPREME COURT Read More »
The Protection of Children from Sexual Offences Act was enacted on 22 May 2012. There have been many calls for more stringent laws for the protection of children in India, India has one of the largest populations of children in the world according to Census data from 2011 shows that India has a population of …
POCSO : The Protection of Children from Sexual Offences Read More »
Rape victim who gets pregnant must be told about her legal rights. There is section 3 of the medical termination of pregnancy act, of 1971 prohibits termination of pregnancy after 20 weeks. Bombay High Court allows 12-year-old rape victim to abort fetus, says forcing pregnancy will breach her fundamental rights . In continuation of this, …
Pregnancy termination is permissible: if the victim ought to Read More »
The Nagpur bench of the Bombay high court dismissed the bail petition of an accused man for raping a minor as clearly declared by the court that consent of minor is unacceptable in the eyes of law in any of the allegations. The plea was filed by Peer Mohammad Ghotu Mohamed Ismail, a 23-year-old man …
Consented sexual intercourse with minor is also punishable Read More »
The maintenance of child is not a matter concerned with divorce of parents. The child can claim upbringing by father as entitled to him under section 20 of the Hindu Adoption and Maintenance Act,1956 . In the fitness of things, the Delhi High Court has been quit upfront to asset emphatically, elegantly and eloquently in …
Maintenance can be claimed from the father: a right Read More »
On February 22, 2022, in the case of X (Minor) vs. the State of Jharkhand and Amr. the Supreme Court revoked bail granted to an accused under section 376 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act (POCSO Act 2012), stating that once the Court determines …
For every human being, home fulfills the basic need of Safety-shelter. The first priority and a dream for a person is to settle down in life by creating a shelter by owning a house . In today’s day to day life, it is a struggle for senior citizens to live in their own house . …
“Right of a senior citizen to live properly in the shared household” Read More »
‘Vision to See Beyond Conflicts and for that we look at the law differently. Here is the right team to fight for your rights’
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