PERSONAL & FAMILY MATTERS

DIVORCE

There are different types of dissolution of marriage which are :-

 

DIVORCE  :-

The divorce/dissolution petition is a legal document that is filed in court by a spouse who seeks a divorce. This petition is filed under section 13 of Hindu Marriage Act. Basically, this type of dissolution takes place when the spouses have not mutually agreed to dissolve the wed lock.

 

MUTUAL DIVORCE:-

Mutual divorce petition is filed when both the parties mutually agree to dissolve the wed lock. In this when a spouse settle their disputes and have a mutual agreement then a mutual divorce petition is filed before the family court under section 13(B) of Hindu Marriage Act.

 

ANNULMENT :-

Annulment is a legal term used where marriage was obtained fraud or misrepresentation which is known as void marriage. An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court.

FAMILY DISPUTE MATTERS

 

PROBATE WILL

According to Section 2 of the Indian Succession Act, 1925, Probate means “the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator”. It is nothing, but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased.

 

Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will however Probate of a Will when granted, establishes the genuineness of Will from the death of the testator and renders valid all intermediate acts of the Executor as such

 

CHILD CUSTUDY

Child custody and legal guardianship is a right given to the parent or any other person know to the child to make decisions on behalf of a child and the duty to care for and support the child.

 

MEDICAL NEGILIGENCE

Medical negligence can be defined as misconduct by a medical practitioner or doctor that caused deaths/ illnesses to patient. Such negligence is the breach of a legal duty to care. Medical negligence is punishable under various laws such as Law of Torts, Indian Penal Court, Indian Contracts Act, Consumer Protection Act, etc.

 

MOTOR ACCIDENT CLAIM

Motor Accidental Claims is a right to claim with respect to accident caused due to act of negligence of other. Act of negligence have become actionable wrong.

 

EVICTION PEITION

These are cases where landlords file a petition against the tenant who after service a notice of eviction does not evict the premises. Eviction petition is filed under Rent Control Act

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