A Magistrate of First Class or Metropolitan Magistrate alone is offered ward to engage application for upkeep under Section125 Code of Criminal Procedure.
Yes, under Section 21 of the Protection of Women from Domestic Violence Act of 2005, itis to be noted that custody orders can be applied for only in addition to applications for protection or other orders. This means that where there is domestic violence and a woman wants a protection order, etc, she can also apply for temporary custody.
The Magistrate can give for orders of temporary custody of children only. This will not prevent the other party from going to an appropriate forum and seeking permanent custody or joint custody of the children.
Yes, a woman if she chooses to do so may both file the FIR with the police and complaint with Complaints Committee simultaneously.
During the inquiry, at the written request of complainant, ICC can provide following interim reliefs to the complainant:
Both the proceedings under respective Sections are independent. Both the order under respective Sections will stand independently. The purpose behind both the Sections of respective Acts are different. If husband has been ordered to pay maintenance in both the Sections from different Courts, then he must follow the order of the Court and pay maintenance under both the Sections. Maintenance order under Protection of Women from Domestic Violence Act, 2005cannot be substituted by maintenance order under Section 125 CrPC, as held by Bombay High Court in case of Prakash Dangi v. State of Maharashtra and Ors. Further, the same has been upheld by the Hon’ble Supreme Court on appeal of the same case, where the Hon’ble Court held that both the order are passed by different forums in different proceedings and both the orders are binding on husband and wife.
Yes, it is legal for wife to claim maintenance under both the Sections. Since both the Section are independent and irrelevant to each other. Grant of maintenance under one Section is not ground for rejection in the other.
Yes, under Section 21 of the Protection of Women from Domestic Violence Act, 2005, it is to be noted that custody orders can be applied for only in addition to applications for protection or other orders. This means that where there is domestic violence and a woman wants a protection order, etc, she can also apply for temporary custody.
The Magistrate can give for orders of temporary custody of children only. This will not prevent the other party from going to an appropriate forum and seeking permanent custody or joint custody of the children.
The concept and essentials of Criminal Breach of Trust are enshrined in the Indian Penal Code of India. The concept includes the limited scope of the ‘dishonest misappropriation’ or utilization of another property only and is different from the concept of Criminal Misappropriation.
A Fraud or an act of fraud must be proved beyond reasonable doubt to the satisfaction of the court. The act of fraud must be pleaded before the court and must be proved that there was false representation or the person made a false representation. It must be strictly supported by specific summation of material facts and evidence of the case.
Any person or an entity can file a trademark application in India through a TM-A Form which is the prescribed form through online (trademark registry online portal) or offline/physical medium (post, personal filing) with the prescribed fees depending upon the classification of the Applicant. The form available online on Trademark Registry website can be divided into several segments under the headings:
According to Section 20 of the Protection of Women from Domestic Violence Act, 2005 – the monetary relief amount has to be adequate, reasonable and fair and consistent with the standard of living to which theaggrieved woman is accustomed. In calculating the amount of monetary relief the Courts will follow the standards prescribed under the law of maintenance.
As per Section 23 of Hindu Adoptions and Maintenance Act, the Court has to consider the following factors while arriving at the amount of monetary relief to be granted:
Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered.
The Hon’ble Supreme Court in the case of Chanmuniya Vs. Chanmuniya Virendra Kumar Singh Kushwaha and Anr. has held that where partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock.
Thus, Live-in relationships are presumed to be a marriage and Section 125 CrPC is applicable on it.
There is no period of limitation prescribed for making an application for maintenance.
The registration of Hindu marriages is not compulsory. However, registration of one’s marriage provides proof of it for legal purposes and therefore we highly recommend it for women as a safety measure. A Hindu marriage register is found in the Office of the Registrar of Marriages, usually located in District or Divisional Court compounds. The Registrar is normally some type of Magistrate. A Hindu marriage can also be registered under the Special Marriage Act, 1954 if both parties so desire. If that is done, the marriage is treated as a civil marriage governed by that Act from the date of registration.
As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013, the employer is obligated to display the order constituting ICC at any conspicuous place in the workplace. However, if this is not done, then one can contact the employer/head of the department/human resource department to obtain information about the ICC constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013.
For locating LCC or one of its members, one can adopt following measures:
No. The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 does not necessarily have to occur at workplace only. It could occur in any of the following places:
(i) Cruelty in the matrimonial law means the conduct of such type that the petitioner cannot reasonably be expected to live with the respondent.
(ii) It would follow that the old English law concept of danger is no longer applicable in India.
(iii) The making of wild, reckless and baseless allegations of impotency and lack of manliness – itself amount to cruelty in the matrimonial law
There is no condition for women irrespective of any religion or age under Section 125 CrPC. The word “wife” includes a divorced woman, but she must not be remarried on the date that she files an application for maintenance. A divorced Muslim wife can claim maintenance even if the iddat period has passed, but she must not be remarried.
If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical facility.
A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence, shall inform the aggrieved person of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under the Protection of Women from Domestic Violence Act, 2005.
If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home.
The special grounds for a wife under Section 13 (2) under HMA also available for judicial separation are:
(i) Husband Marries Again.
(ii) The offense of Rape, Sodomy, and Bestiality after the solemnization of marriage.
(iii) In case if a decree has been passed for a suit under Section 18 of Hindu Adoption and Maintenance Act, 1956 or in proceeding under Section 125 of the Code of Criminal Procedure, 1973 or under corresponding Section 488 of the Code of Criminal Procedure 1898, has been passed against the husband awarding maintenance to the wife
(iv) If the marriage of the wife was solemnized before she attained the age of fifteen years,
The three remedies available to parties are: restitution of conjugal rights, judicial separation, and divorce. The judiciary in India is demanding an irretrievable breakdown of marriage as a special ground for divorce. Even when the petition is presented before the Court, the option of conciliation is always open for the parties.
It includes forms of violent and controlling behaviour such as: physical assault, sexual abuse, rape, threats and intimidation, harassment, humiliating and controlling behaviour, withholding of finances, economic manipulation, deprivation, isolation, belittling and constant unreasonable criticism.
A Charge Sheet is the complete reporting of the police investigation and inquiry conducted by Investigation officer on the basis of First Investigation Report detailing each and every fact about the commission of a crime including the details of the arrest of accused, statement of witnesses and the act of the crime etc. Charge Sheet is the final step of investigation sent by the police to the Court for the commencement of the trial containing specific grounds and violations on behalf of the accused .
Bail is the term given to the security given to the Court or authorities with or without imposed conditions appearance of the accused person on giving which he is released pending trial or investigation. A bail may also require an accused to furnish a bond or surety to the satisfaction of the Court for his release under bail. There are elaborate provisions relating to bails depending upon the nature of the offense.
It is the procedural step raised by the Examiner of the Trademark Registry after the scrutiny of mark on the grounds of the mark being deceptive, similar or identical to the marks already existing on the Trademark Registry or discrepancy in filing of the Trademark Application as per the Trademark Act. The Objections can be raised under the provisions of the Section 09 and 11 of the Trademark Act. Some common cited reasons can be
An Anticipatory Bail governed by the provisions of the Section 438 of the Criminal Procedure Code of India. It is sought as a judicial safeguard against any false allegations or unproven accusations pending before the Court of Law and is filed against any apprehensions of arrest by the police. It is granted on following directions as 1)Physical availability before the police as and when called or directed by them 2)Declaration of any threats or promise to the witness of the cases to influence them and 3)Must not leave India without informing the Court.
The bail can be cancelled in cases of the violations of the conditions on which the bail was granted and it is necessary for the disposal of the case. The provisions of the Code of Criminal Procedure, 1973 lays down specific Sections for the cancellation of the bail granted to an accused. The cancellation of a bail is different from the rejection of the bail.
The final report filed by the police or the Investigation Authority containing the details of the investigation submitted to the Magistrate in cases of 1) the non-availability of the substantial evidence to prove the commission of the offense or 2) the First Investigation Report has been falsely lodged or 3) there is no commission of the alleged offence is called as Closure Report.
A Bail is set to be rejected when the Adjudicating Authority or the Court of competent jurisdiction declines to release the accused who is under arrest primarily on the ground when it finds the circumstances and evidences tha once released the accused might tamper with the evidences and impact the entire investigation.
Non constitution of Complaints Committee is punishable with a fine of Rs. 50,000/- and repeat offenders will be punished with cancellation/withdrawal of licence/registration required for carrying on business activities. The aggrieved can approach the Court to complain about the same.
It means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
According to this option, when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights and the Court, on being satisfied with the truth of the statements made in such petition may grant a decree restitution of conjugal rights accordingly. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society. Section 13 (1A) (ii) gives further remedy of obtaining a divorce if the parties are living apart for one year and feel that still, they cannot live with each other or their attempt in this one year to reunite failed, any one of the spouses can present a petition for divorce. The time of one year given is a reasonable and sufficient for parties to make an attempt to get reunited.
Any mark which demonstrates or exhibits distinguishing factors capable of identifying or distinguishing goods or services of the Applicant from those of others. The mark must show or must be composed of unique elements in the form of shapes, colours, smells, textures or a combination of the above as per the relevant applicable provisions of the Trademark Act.
Section 13-B of the Hindu Marriage Act, 1955: Divorce by mutual consent
A petition for dissolution of marriage by a decree of divorce may be presented to the district Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
On the second motion of both the parties made not earlier than six months after the date of presentation of petition and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after the hearing the parties and after making such enquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree.
Creation of a hostile, intimidating or an offensive work environment with the purpose of unreasonably interfering with woman’s work performance or subjecting woman to humiliating treatment likely to affect her health and safety.
It is kind of relief which is paid by husband during pendency of proceedings or till final order is made by the Hon’ble Court. The purpose behind such provision to prevent the claimant from unnecessary financial suffering till final disposal of the proceedings.
Every organization has to constitute an Internal Complaints Committee (ICC) having following members
If the organisation has workplaces located at different places or division or sub-division level, then ICC will be constituted at every workplace.
When either party to a marriage, whether solemnized before or after the commencement of the Hindu Marriage Act, 1955 may present a petition praying for a decree of judicial separation on any of the divorce grounds specified in Section 13(1), and in case of a wife also on any of the grounds specified in Section 13(2) of the Hindu Marriage Act, 1955 (HMA).
The State Government will notify the District Magistrate/Additional District Magistrate/ Collector/ Deputy Collector as District Officer in every district, who will constitute a Local Complaints Committee (LCC) so as to enable women in the unorganised sector or small establishments to work in an environment free of sexual harassment.
Quid pro quo is a Latin term which literally means ‘this for that’.
To force the woman to agree with such conduct by promising/threatening her (explicitly or implicitly) preferential/detrimental treatment in her job. For example: if you agree to accompany me on a study tour, I will give you promotion or in case you refuse, I will transfer you other place.
The Trademark Act was implemented with an objective to provide effective protection of trademarks on an uniform level in coordination with different parts of the country and protection of the industrial property and consolidate the laws relating to the trade and merchandise marks in India. A Trademark Application provides a statutory recognition of the trade and merchandise marks mentioned in the application giving it a legal proprietary to the Applicant with penal laws to protect his rights as per the applicable provisions of the Trademarks Act.
As per the Protection of Women from Domestic Violence Act, 2005every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. The aggrieved woman shall not be evicted from the shared household or any part of it by the respondent.
Sexual Harassment is any unwelcome act or behaviour (whether express or implied), such as:-
This Sexual Harassment Electronic Box (SHe-Box) is an effort of Government of India to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. Any woman facing sexual harassment at workplace can register their complaint through this portal.
Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.
mylawyersadvice.com helps people find the right advocate. Anyone who needs a legal assistance can present a case (answer some simple questions about their legal situation)
A Trademark Opposition is procedural step under the Trademarks Act which can be initiated by any person or entity on grounds during 4 months from the advertisement of the mark in the Trademark Journal on grounds of being similar or identical to the Opponent’s mark or goods or services on anticipation of causing confusion among the customer or the public. An opposition can be filed on the grounds of:
The Complaints Committee (ICC/LCC) will conduct an inquiry into the complaint by calling all the concerned parties i.e. complainant, respondent [the person(s) against whom complaint is being made], witnesses etc. Later, on the basis of the testimonies of the concerned parties and evidences (documentary or otherwise) gathered, the Committee will frame its findings, which will be shared with the employer.
If the Committee comes to the conclusion that the allegations against the respondent are genuine, it shall recommend action that needs to be taken by the employer against such person.
Any arrested person is accused of a non-bailable offence without warrant to be produced before a Court of Law; the accused stands eligible for granting of the bail. An accused in bailable offence is allowed bail as a matter of legal right unless he is accused of an offense which invites capital punishment or imprisonment with life. The violations of the terms of the bail and its conditions invite a penalty and any other punishment as the Court may deem fit.
An Anticipatory Bail can be granted when the Accused has not been declared an Absconder promises to make himself available for investigation in a criminal offense of a non-heinous nature. Th Anticipatory Bail can be granted by the Sessions or Magistrate with any further limitations or directions as the Court deems fit for the disposal of the case.
A charge sheet is filed at the completion of the investigation by the Investigating Officer stating the commission of the offense, violations of the laws and regulations and the applicable provisions of the law under which the person stands accused of a criminal offense to be adjudicated and decided by the Court of Law. A Charge Sheet is generally filed subsequent to the completion of the First Investigation Report and conclusion of the police investigation. However, there is a statutorily prescribed time limit to be adhered to and as per the directions of the Court depending upon the gravity of the offense committed.
The application for maintenance may be filed in the district where
The object of this provision is to provide an interim remedy to the dependent wife, children, and parents from destitution.
The persons who can claim maintainence under the Section are:-
As per the Act, an aggrieved woman in relation to a workplace of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. Even if a woman is not an employee, even a woman who is customer or client and is subjected to sexual harassment at a workplace can claim protection under the Act
The High Court can under its inherent powers enshrined under the Criminal Procedure Code of India can quash a F I R. court on being satisfied as per the evidence that the accused has been falsely implicated and can direct the authorities to set the aggrieved person free if he has been arrested.
As per the Act, the protection officer is appointed by the State Government in each district and shall as far as possible be women. The duties of protection officer includes to assist the Magistrate in discharge of his functions under the Act, to make an application on behalf of the aggrieved woman is she so desires, to ensure the aggrieved women is provided with free legal aid under the Legal Services Authority Act, to make available a safe shelter home, if the aggrieved person so requires and to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate.
All categories of persons mentioned under Section 125 of the CrPC are entitled to claim maintenance under this law. This includes the wife, minor children whether legitimate or illegitimate, major children suffering from physical or mental abnormalities or injuries and the mother. Others entitled under their personal laws may also claim.