Anil Srivastav Advocate, Blogs

MUTUAL CONSENT DIVORCE There is a saying if your marriage is not going in fruitful way, it is better to get rid of it. I personally never recommend anyone to file divorce and dissolve your marriage, because the marriage is not only tie between two people but, it is meeting of two or more rituals, race, and caste etc. therefore I personally feel, marriage should not be dissolve, until and unless it is got no way to settle the issues.        Sometimes the question arises, that, what is the procedure to get dissolve my marriage in descent way?  Where should I go to meet with the lawyer? What is the fee? What would happen in the court means what kind of the questions will be asked by the Judges to me? How many times have I to appear in the Court? Etc. these kind of questions arises in mind while go to the court to dissolve the marriage.          There is two way in Hindu Marriage Act of India to get dissolve marriage by the wa...

THE HON’BLE Supreme Court bench of Justice K.S.Radhakrishnan and Justice A.K.Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties. Supreme Court was considering the question whether a serious offence like S.307 Indian Penal Code [Attempt to murder] be quashed on the basis of a compromise entered into between the parties. The Court elaborated the scope of S.320 of the Criminal Procedure Code which allows the compounding of offences as follows; “There are cases where the power of the High Court under Section 482 of the Criminal Procedure Code to quash the proceedings in those offences which are un-compoundable has been recognized. The only difference is that under Section 320(1) of the Code, no permission is required from the Court in those cases which are compoundable though the Court has discretionary ...

So many times in our country it is seen that the marital affair affects the huge to the child if get birth, though it is affects mother’s life as well, but I am not here to discuss this aspects of society rather it is treated well by the law in force.  I am here to discuss the most common problem of society now a day comes in existence, of unwed mother or child produce. Some time we involve in complicated relationship, and we forget the consequences or harm in future. The Hon’ble Supreme Court observes the fault of this society in ABC VS STATE OF DELHI arising out of SLP (civil) 28367 of 2011 by Sh.Vikramjit Sen J , and try to correct a serious harm to the person who nothing involve in it in any way. The Hon’ble Apex court decided that if a child born by such kind of relation where mother is unwed, by any reason, the child should have all the right as the legitimate child, and in this case the mother is the soul guardian of the child . The apex court further added that if t...