Sonal Darbar, Divorce and Civil Lawyer

Focus on what you love. Amplify that. 📝👩🏻‍💻

She is colour in the sea of black and white 📖✒️👩🏻‍⚖️⚖️

Dangerous but disciplined ⚖️📖✒️👩🏻‍⚖️

⚖️✒️📝

Motor Vehicle Act, 1988:- As per Section 129 of the Indian Motor Vehicle Act, wearing the helmet is a must for two-wheeler riders. Section 128 of this Motor Vehicle Act limits the maximum two riders on the bikes.

This law also says that if the traffic police officer snatches the key from the car or motorcycle, it is illegal. You have the full right to launch a Legal proceeding against the officer. 👩‍⚖️⚖️

Women can register a complaint via email or through post if they are not able to go to the police station to file complaints.⚖️📝✒️

PRESENT CONDITION OF MIGRANT WORKERS:
The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith. The prevalence of violation of labour laws is arguably one of the top health concerns in the country due to COVID-19.
Understanding its definition and present situation can you help to take more effective action against its many manifestation of abuse? In some cases, abusers may not even realize that they’re violating labour laws. On the flipside, victims may not take actions against their abusers if they don’t realize that the behaviour they’re experiencing is indeed is a violation of labour laws.

INTRODUCTION:
We all have come across various news about how migrant workers are struggling. However we have not paid attention to understand their situation. In the wake of a pandemic, most affected community is a labour community and Whole County is aware about the struggle of migrant workers.

DEFINTION OF INTER-STATE MIGRANT WOEKMAN:
“Inter-State migrant workman” means any person who is recruited by or through a contractor in one state under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such establishments.

IMPACT OF COVID-19:
The nationwide lockdown announced on 24th March at short notice has caused immense distress to migrant workers around the country and has forced migrant workers to leave their migrant state and as a result we had seen migrant workers on the national highways. This pandemic has shown how we failed as a citizens and how law and government has failed to protect rights of the migrant workers.

UNFORGIVABLE TRAGEDY:
I am talking about the 16 migrant workers who were killed in Maharashtra’s Aurangabad. This deaths are most wrenching markers of the tremendous misery that the weakest and poorest of citizens are bearing. Those sixteen young men died because we have almost no social security and too little worker protection.

CORONAVIRUS AND MIGRANT WORKERS:
The pandemic has shown that “one of the biggest streams of mass return migration in the country”, the migration rates were higher in high-income states such as Delhi, Goa, Haryana, Punjab, Maharashtra, Gujarat and Karnataka whereas low-income states such as Bihar, Uttar Pradesh, Jharkhand, Rajasthan and Odisha reported relatively higher rates of out-migration aboutone-fifth of the migrants are inter-state. Following lack of their inclusion in urban society, workers were grossly denied access to social security schemes and other entitlements. Many schemes meant for the poor do not reach them due to lack of identity and residential proofs.Migrant workers are among the most vulnerable parts of the “informal sector,” which make up 80 percent of India’s workforce. The country’s infrastructure is built on the backs of these workers. They construct malls, multiplexes, hospitals, apartment blocks, hotels. They work as factory hands, delivery boys, loaders, cooks, painters, rickshaw pullers. They stand the whole day by the side of the road selling fruits and vegetables and tea and flowers.

SUPREME COURT TAKES SUO MOTO COGNIZANCE MIGRANT LABOURERS MISERIES:
The Supreme Court took suo motu cognizance of the problems and the miseries of migrant labourers who have been stranded in different parts of the country after the COVID-19 lockdown.

SUSPENSION OF LABOUR LAWS:
Madhya Pradesh, Uttar Pradesh and Gujarat have suspended assorted labour laws, ostensibly to remove obstacles to economic rejuvenation after the pandemic-induced lockdown. One of the key changes conceived has been to allow an increase of the working day from eight hours to 12 and the working week from 48 to 72 hours. While Punjab, Rajasthan and Himachal Pradesh had provided for overtime to be paid at double the rate of pay as prescribed in law, but Gujarat had
expressly provided for extra payment at the normal rate. Haryana followed suit at the end of the month, stipulating overtime payments as per law. While trade unions have protested in a memorandum to the government, there have been no reports about these notifications having been challenged in any court or tribunal.

CONCLUSION:
Finally, there is the issue of calling upon the ‘people’ to make sacrifices. Care should be taken to ensure that the poor, who already shoulder a disproportionate proportion of the ‘social’ burden, should not be asked to make even more disproportionate sacrifices to overcome a crisis thataffects them disproportionately in any case.

CRUELTY AS A GROUND FOR DIVORCE
Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustment with the spouse.
The relationship has to conform to the social norms as well. The matrimonial conduct has now come to be governed by statue framed, keeping in view such norms and changed social order.
Divorce in general means the breakage or dissolution of marriage with the help of law, so that one can leave his or her spouse and become free from marital duties with some exceptions.

INTRODUCTION:
Every Indian thinks that their life is not complete without marriage. They think that their survival is difficult without spouse. Every Indian girl are taught from very young age that making her husband happy and serving him is the only duty of her life. But no doubt we the women of this century do not believe in such a concept anymore.
Every relationship goes through different phases so does a marriage, but is it valid to abuse the rights that the spouses have over each other? A marriage never comes with a condition, in fact it is a tag to a relationship and no person marries to eventually get divorced. Everyone puts an effort to save their relationship by keeping aside all the differences because marriages in India hold major importance but things are different when you are no longer able to handle the situations.
The Supreme Court had examined the concept of legal cruelty in Dastane v Dastane (1975). In that case, the court held that the wife threatening she would end her life, and verbally abusing the husband and his father, among other acts, amounted to mental cruelty, and
granted divorce to the husband.

WHAT IS CRUELTY?
Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses does not come in the ambit of cruelty because this is something that is common in a day to day married life. Conducts that would amount to cruelty should be grave and severe in nature. Grave violence doesn’t always mean physical violence. Though physical violence is an essential factor that constitutes cruelty but apart from that a continuous process of ill-treatment or mental or physical torture to either of the spouse would also amount to cruelty.

LEGAL PROVISIONS:
The Hindu Marriage Act 1955 has given the legal provision for divorce on basis of cruelty under section 13(1)(ia) follows:
“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty.”

CRUELTY IN THE EYES OF COURT:
There are various grounds for claim on basis of cruelty and types of cruelty, which are identified by the courts in their various judgments.
 Treating spouse with disrespect, making false allegations, having an extra marital affair or making false allegations on spouse of having such affair and making their life miserable.
 It is sufficient that if the cruelty is of such type that it becomes impossible for spouse to live together.
 Making false allegations on spouse that they are emotionally unstable and require mental treatment.
 Intention of harass, harm, torture, mental abuse, physical abuse, cruel treatment, cruelty could be easily establishes.
 The constant manifestation of agony, rage with the addition of yelling or abusing at the spouse. And the list goes on. The conduct by either of the spouse should be of such a nature which should fall in the ambit of cruelty under the Matrimonial Law. The Court needs to look after all the background and circumstances because of which the couple wants to get separated. Basically, the Court has to investigate the reason for the deterioration of the marriage.

MAINTENANCE:
It is the duty of the husband to maintain his wife, children and family. If due to marital conflict wife is living separately then wife can move an application to the court claiming maintenance for her and her child.
When it comes to maintenance, I have seen in majority cases husband refused to pay maintenance to their wife and claims that they are earning meagre income or they lost their jobs and also claims that wife is qualified and capable of earning. I will suggest to pay maintenance on time anyway husband has to pay maintenance granted by the court.

JUDGEMNETS ON CRUELTY:
Smt. Mayadevi Vs. Jagdish Prasad, 21st February, 2007.
In a landmark judgement of Mayadevi v Jagdish Prasad, the Supreme Court held that mental cruelty faced by the husband can act as a ground for divorce.

Smt. Renuka Vs. Sangappa on 2 March, 2017. In this Judgment Karnataka High Court held that leaving away from your spouse amounts to cruelty.

Shobha Rani Vs. Madhukar Reddi (1988), Supreme Court.
In this case the Supreme Court held that a repeated demand for dowry by the husband or his relatives is a form of cruelty.

Anil Yashwant Karade Vs. Mangal Anil Karande, 23rd December, 2015.
In this case the Bombay High Court held that false implication of husband and his family members alleging offence under section 498A, 323, 504, 506 of IPC amounts to cruelty entitled to divorce.

Nirmala Manohar Jagesha Vs. Manohar Shivram Jagesha, 13th December, 1990.
In this case the Bombay High Court held that wife making irresponsible, baseless, and wildallegations of lack of manliness and impotency of husband amounts to cruelty.

Dr. Anita Rani Vs. Dr. Suresh Kumar, 26th February, 2015.
In this case the Pujab and Haryana High Court held that wife showing disrespect to husband and his family member amounts to cruelty.

CONCLUSION:
If you are having a toxic marriage and being harassed and tortured by spouse, psychically or mentally and wants to know whether act committed by your spouse amounts to cruelty contact a family law attorney near you.

DOMESTIC VOILENCE
The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse. In some cases, abusers may not even realize that they're inflicting domestic violence on someone else. On the
flipside, victims may not take action against their abusers if they don't realize that the behaviour they're experiencing is indeed domestic violence.

DEFINITION OF DOMESTIC VIOLENCE:
Domestic violence is a pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain control over another intimate partner.

TYPES OF ABUSE:
Physical Abuse: can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc.
Sexual Abuse: occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim's consent. Emotional Abuse: involves invalidating or deflating the victim's sense of self worth and/or self-esteem. Economic Abuse: takes place when the abuser makes or tries to make the victim financially reliant.
Economic abusers often seek to maintain total control
over financial resources, withhold the victims access to funds, or prohibit the victim from going to school or work.
Psychological Abuse: involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, destruction of property; injuring
the pets; isolating the victim from loved ones; and prohibiting the victim from going to work.

The definition of domestic violence now recognizes that victims can be Spouses, Sexual/Dating/Intimate partners, Family members, Children, Cohabitants.

DOES THE DEFINITION OF DOMESTIC VIOLENCE APPLY TO YOUR SITUATION? ASK AN ATTORNEY:
A complete definition of domestic violence encompasses many forms of abuse and
negative behaviour. Domestic violence is a destructive crime that carries life-altering damage to everyone involved. If you have confusion or questions about
how the law can address your domestic violence concerns, speak to an skilled family law attorney located near you.

POWER OF ATTORNEY:

WHAT IS POA?
A power of attorney (POA) is a legal document giving one person the power to act for
another person.

HOW TO GET A POA:
The first thing to do if you want a power of attorney is to select someone you trust to handle
your affairs if and when you cannot so your agent can act for you in your absence. Then you
must decide what the agent can do on your behalf, and in what circumstances.
To set up a legally binding POA, the principal must have sufficient mental capacity when the
document is drawn up. This means that he or she must fully understand the nature and effect of the document. It also means that if you have an ill parent who is already incapacitated, you
won't be able to get a power of attorney to act on their behalf.

CANCELLATION OR REVOCATION OF POA:
The POA can be cancelled or revoked at any time simply by destroying the original document and preparing a new one, or by preparing a formal revocation document informing all concerned that the POA is no longer a valid instrument.

TYPES OF POA:

Limited POA: If you give your agent limited power in your POA then it is called as limited power of attorney. It could be something very specific, like giving your attorney the power to sign a deed of sale for your house while you're on a trip around the world, giving your attorney the power to appear in civil courts on behalf of you (only if power of attorney holder
is aware about the facts of the case).

Durable POA: begins when it is signed but stays in effect for a lifetime unless you initiate thecancellation.
Springing POA: This POA comes into play only when a specific event occurs your incapacitation, for instance.
Medical POA: As long as the principal is conscious, and of sound mind and body, the medical POA will not be triggered.

A Will Is Not a POA: Do not expect your Will to serve as a substitute for a power of attorney. A will designates the distribution of your property after death, while a POA isrelated to decisions made during your life.

HOW TO MAKE A WILL

WHAT IS WILL ?

A Will or testament is a legal document that expresses a person’s wishes as to how theirproperty is to be distributed after their death.

LEGAL REQUIREMENTS OF A VALID WILL

A Will must comply with certain requirements to be valid. If it is not a valid as per court it is
as good as dying without making a Will.
1. The testator must be of legal age to make a Will.
2. The testator must be of sound mind, he should have a full knowledge that he is making a
Will. It is advisable to attach doctor’s certificate at the time of registration of Will to
prove sanity of testator.
3. For a Will to be valid it must be clear, dated and signed. The registration of Will is not
compulsory but it is advisable to register a Will with the sub-registrar. At the time of
registration two witnesses are necessary.
4. It is pertinent to list out all the details of the assets and properties that a testator has, and
which are the ones that shall be covered in the Will.

HOW MANY TIMES A WILL CAN BE MADE?

A Will can be made at any time in the life of a person. There is no restriction on how many
times a Will can be made by a testator. However, only the last Will made before his death is enforceable.

WHAT IS CODICIL

If a testator wants to make changes in the Will he can do so, without changing the entire Will
he can make Codicil to Will. The Codicil can be executed in a similar way as the Will.

APPLY FOR PROBATE

After the death of the testator, an executor of will or a heir of the deceased can apply for the
probate. The Court will ask the other heirs of the deceased if they have any objections to the
Will. If other heirs don’t object the court will grant probate. A probate is a copy of a Will,
certified by the Court, and is conclusive evidence that the Will is genuine.

A WILL CAN BE CHALLENGED IN THE COURT OF LAW

A Will can be challenged if the Will was not drawn with the clear intentions and the testator
was under pressure.
If signature of the testator along with those of witnesses are not present in the Will.
If the testator was not of sound mind or if testator was very ill or was not in position to
understand the Will properly.

PROCEDURE TO CHALLENGE WILL

A Will can be challenged by filling a suit in a Civil Court.