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Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . For further details consultant your advocate .

Summons/default

For default in summons according to cpc section 32 1) issue a warrant for arrest 2)attach and sell his property  3)impose a fine on him 4) order him to furnish security and send him to civil prison for default .

Res judicata /double jeopardy

Section 11 of CPC (code of civil procedure )Deals with the  Res judicata. It says the matter /issue that was heard by the court previously and decided shall not be heard again unless and until parties and title are not same. Double jeopardy  Article 20(2) says that no person shall be punished again for the same offence.

Lease and license

Lease comes under property act License under easement act When to go for lease and license if your are letting out the premises which is a residential building you can go for lease agreement if it is a commercial building you can opt for license agreement. There is no restriction to stick to lease of license The advantage of license agreement would be the landlord can evict the tenant at any point of time the same is not the case with lease. if your are interested in lease check out this post for more https://lawyertomodachi.blogspot.com/2025/11/tenant-and-landlord.html

Cheque cases

Having issue s with cheques Did the cheque bounced the the right thing to do is to get confirmation from bank staying dishnour of the cheque and issue a notice either oral or written to the parties concerned . Assumption in cheque case- The cheque is issued for consideration . Send a notice the if no response from a reputed advocate.

Startups

If you are planning to start a company and waiting for how to incorporate your company the you have come to the right place All you need is 1.memorandum of association 2. Article of association 3. Register online done . memorandum of association it is a document that has the  1.name of your company 2.office address 3.object for its establishment 4.capital 5.share capital Articles of association this has the rules to be followed by the company for the internal workings of the company.

Tenant and landlord

The most import question would be in the minds of landlord and tenant whether the landlord would be kind of the tenant would pay the rent at appropriate time without delay. we are going to answer all the question below so go through before renting down. 1.need of an agreement 2.what does the agreement day .The tenancy period, rent and advance to keep it simple. 3.The issue would arise once the premise is occupied . 4.what could be the issues , mostly it would be rent issues What if the landlord as k the tenant to vacate during time of issues. right you are here The approach would be registering you tenancy agreement with the rent authority. This is different from your land registration. once the agreement is registered the appropriate authority of your jurisdiction can be approached for issues related to tenancy. 5.further appeals lie in the courts and tribunal.

Timelines for president and governor to assent to bills

The previous judgment in the case of WRIT PETITION (CIVIL) NO. 1239 OF 2023 https://api.sci.gov.in/supremecourt/2023/45314/45314_2023_11_1501_60770_Judgement_08-Apr-2025.pdf Where the Supreme Court gave timelines for governor to assent to bills was overruled in the current judgment  SPECIAL REFERENCE NO. 1 of 2025 https://api.sci.gov.in/supremecourt/2025/39157/39157_2025_1_1501_66169_Judgement_20-Nov-2025.pdf The timelines could not be provide to president in this case of  Advisory matters the same provided to governor earlier was erroneous and the judiciary cannot take the role of assent to bills which should be done by president in this matter. The court was approached by president by way of article 143 which is advisory jurisdiction.

Interpretation of statues

 THE GENERAL CLAUSES ACT, 1897 The Salient features of the GCA, 1897 *An Act to consolidate and extend the General Clauses Acts, 1868 and 1887 [11th March, 1897] *Article 367(1) of the Constitution says that unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution. * The General Clauses Act, 1897 is applicable for the interpretation of the Constitution of India as well as of an Act of the Legislature. *Section 3 explains about GENERAL DEFINITIONS for certain important words as follows;- 1. "Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the IPC from Sections 107 to 120. Additionally, there are two more Sections 305 and 306 dealing with the same. The first two sections out of the above, Sections 107 and 108, define 'abetment of a thing' and 'abettor‟ respecti...

Stray dogs

Case no-  SUO MOTO WRIT PETITION (C) NO. 5 OF 2025 J. (J.B. Pardiwala) J. (R. Mahadevan) Order   There is a recent order from the Supreme Court to take the stray dogs from the streets and put them in shelter and immunisation should be done and the shelter should be under surveillance using camera . Jurisprudence   There is no rights for the beasts but the beasts belong to the society where we live. There are fundamental rights for human but not for beasts  But the responsibility of human are declared in article 51A The fundament duties towards society . Prevention of cruelty to animals act 1960 The rules framed for the protection of animals says S.11(19) The picked up dogs from the street has to be released after sterilisation or immunisation in the same place where they were taken. The recent order is against the above rule where they will be put in shelter, the question before the court is are there enough shelter to take care of dogs or any steps taken is ...

Domestic violence

Any act threatening the safety of women can be  questioned by law this can be used by women to 1.protection 2.residence 3.custody of children in addition to Indian penal code 494 and 498A Which comes to the safety of women  IPC 494 It protects men and women  against multiple marriages if married again during the lifetime of wife/husband can file a criminal complaint . punishment imprisonment for seven years and fine IPC 498A it is special provision for women to safeguard herself against cruelty by husband or his relatives. protection officers nearest police station

Indian Christian succession

  The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate   1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred   Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 

Hindu Intestate succession

 If a male dies intestate without a testamentary disposal   The division of his estate follow the rules Class 1 heirs There are 12 class 1 legal heirs which eliminates class 2 when present  1.daughter 2.son 3.mother 4.widow 5.son of predeceased son 6.widow of predeceased son 7.daughter of predeceased son 8.daughter of predeceased daughter  9.son of predeceased son’s predeceased son 10. Daughter of predeceased son’s predeceased son 11.widow of predeceased son’s predeceased son 12. Daughter of predeceased daughter  Class 2 heirs 1.father 2.brother 3.sister 4.a) son’s daughter son b) son’s daughter daughter 5.daughters daughter daughter  Daughter daughter son Daughter son’s daughter  Daughter sons son  6.brother’s son sisters son 7 father’s brother father mother 8 fathers widow brothers widow 9 mother’s mother mother father If a female dies intestate   1 son Daughter Husband  Heirs of the husband Father and mother  Heirs of the fathe...

Law of wills

Interpretation and execution of will Dependant relative revocation   If a subsequent will is not clear or the intention is not clear the latest will if gets destroyed the previous will take effect  Privileged and unprivileged will The wills executed by soldier airman sea man are privileged wills the rest unprivileged ones Codicil   The additional changes to the will are done using codicil  Execution of will The will is to be signed by the testator and two attesting witness  Revocation of will By a subsequent will By destruction of will  By a instrument  Cheese v lovejoy  Conditional and contingent bequest  Rule of cypress (see pray) Onerous bequest  Void bequest  If the legate predeceases testator the bequest is void Probate The probate may be obtained from courts when there is no executor or administrator of will by applying to the district courts and the persons interested may file their caveats  Executor and administrators ...

Gifts

  Definition   The transfer of movable and immovable property without consideration  The gift should inter vivos Gift to idol in not valid Gift to unborn The gift needs acceptance otherwise it is void The gift may be made to another living person till the child id born may not be delayed after attaining majority  The rights vested in the person living should be transferred absolutely to the born child Revocation of gift Gift once accepted cannot be revoked otherwise If agreed by the evening agreed by donor and Donne  Illustration  A gifts his land to b with condition that if b has no heirs in life of A reverts to A Case law  Al card v skinner The plaintiff gifted to the defendant his property under the influence of mother superior later she sued for setting aside the gift the decision came in favour to the defendant that years have passed since the gift was made and no evidence of undue influence. S.123 -Transfer effected by registration by two witness...

Christian marriage act 1872

 Christian marriage act 1872 Christian   WHO’s follows Jesus Christ  Ministers of religion   Clergyman of Church of England  Clergyman of Church of Scotland  Priest of Roman Catholic Church  Pastor of non Roman Catholic Church  Solemnisation of marriage  1.Priests of Catholic Church 2.Section 6 Pastors of non Catholic Church  3. Section 9 Licensed person  4. Section 7 Marriage registrars 

Hindu marriage act 1955

 Hindu marriage act 1955 The family cases are dealt in the civil court which is a family court . Section 5. valid Hindu marriage 1. Neither parties have a spouse living at the time of marriage  2. Competent to give concern 3. Bride should be 21 and bridegroom 18 years of age 4. They should not be in prohibited relationships  5. Not in sapinda relationship  Section 7 Deals with solemnisation of marriage by bride and groom taking seven steps around the fire 7-A Tamil amendment   Sirthiruttha marriage  The anti Purohit marriage where The  parties exchange garland , or tie and thali or put a ring Witnessing friends and family  Section 9 Restitution of conjugal rights Section 10 Judicial separation  Section 11 void marriage  Section 12 voidable marriages  1 . Marriage consent is obtained by fraud 2. Bridegroom got pregnant before marriage   3 . Impotency  Section 13 divorce  Section 13-b mutual divorce 

Administration of justice

Administration of justice Types of punishment   Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment   Solitary confinement   Imprisonment   Fine   Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 

Possession

 Possession  It is the evidence of ownership Relationship pf the person and thing possessed  Caw law Bridges v hawksworth R. Moore Merry v green Cartwright v green R v mucklow Elwes v Briggs gas co South staffordshire water co v sharman  Corporeal and incorporeal possession  Mediate and immediate possession  Possessory remedies Relationship of possession and title