The Supreme Court has ordered CMM, Kolkata to modify their orders in granting bail without registered surety. Bail was granted to one Wasim on the production of registered surety. Wasim claimed that he was a resident of Nagpur and thus cannot produce registered surety and his mother is critically ill and he needs to be
The Supreme Court, asked the Patna High Court, to give reasons to support their conclusion at reaching a judgement of approval or rejection of an appeal. After an appeal and noticing that the High Court had not given any conclusion to the decision that they arrived at, the Supreme Court under s.482 CrpC said: “Time and
Delhi High Court, has waived off the cooling off period of a woman who wanted to get re-married to an NRI who was only in India for a limited period. The Delhi High Court judge opined that the 1 year of seperation necessary before filing the first motion of divorce, plus the six months of the
The Supreme Court recently enhanced the interim maintenance order of a woman who is educated from 9,000 to 25,000 INR. The High Court had rejected the woman’s plea to enhance the order of maintenance to deal with her day to day expenses on the grounds that the woman was well-educated and she was capable of
I now pronounce you divorced is a short real life divorce stories which were handled by Siddhartha Shah, Senior Counsel specializing in divorce matters. The book will give you insights on the workings of family law and a sensible and balanced insight on divorces through the eyes of someone who sees clients coming to him
Is a marriage valid in Hindu culture without the happening of the saat pheras also known as Saptapadi around the sacred fire. In the case of S. Nagalingam vs Shivagami, 2001 7 SCC 487, the court observed that the marriages without the saat pheras are also valid and marriages performed as per rituals of the parties
Prominent Lawyer Siddhartha Shah is featured in Consultants Review Magazine. Click below to view his story.
Supreme Court states that relying on the counsellor reports for deciding the custody and parental privileges would not be breaking confidentiality and it would actually be assisting the courts in arriving at a decision “which is in the best interest of the child” as that is the legal measure to be used in determining custody.The
Chattisgarh High Court held that mere refusal to marry is not an instigation under section 306 of the Indian Penal Code. If that was the case, then the court would be full of hundreds of litigants. In order for section 306 to apply, it is important to prove that the accused actually instigated the victim to
Bombay High Court in a recent judgement allowed for a woman living in US who had named her father as her POA holder to give consent via skype and allowed her to make her statements/give consent/recording of the consent terms via skype. Her petition under 13B of the Hindu Marriage Act was rejected by the family
Siddhartha Shah, a prominent lawyer featured in this edition of Business Today, regarding an article on ‘Here’s what you should do when getting a divorce’
In a supreme Court judgement, it was held that a policeman cannot issue notice to the accused as that would be widening the scope of section 202 of the Code of Criminal Procedure. If the Policeman was allowed to issue notice, it would be providing the cop with more power than that of the Magistrate
Wherein the physical custody of the child was with the grandparents, who are not the legal guardians of the child, the father of said child filed a habeaus corpus writ. The High Court, in accordance to that, was of the opinion that the child was being detained by people who are not his legal guardian
The Supreme Court held that the prosecution not having a certificate u/s. 65 B for the admissibility of a video recording at the stage of registering the charge sheet would not harm their case and nor deny them the right to admit said video into the recording as the said certificate is required at the
Divorce is a new and unexpected milestone in a lot of young metropolitan adult lives. No-one plans for it and yet the divorce rates are fast rising. Even the number of judges have been increased and special family courts have been created to deal with the fast rising divorce rates. Unlike the western world wherein the