Adv. Sarika Khude's Blog

1. Indian Penal Code 375 specifies that a man commits ‘rape’ when               1. He forcefully tries to make physical relations with any woman.              2. Forcing a woman into physical intercourse or oral intercourse or any kind of other sexual abuse.               3. Sexually abusing the private parts of any woman or using their private parts or any object against the body of a woman without their consent.                4. Undressing a woman without their consent with the intention of sexual intercourse or attempting sexual intercourse without removing their clothes. 2. Irrespective of the age of women, the Indian Constitution considers the above circumstances mentioned as rape. The age factor ...

Top 7 Points When A Police Officer Arrives To Arrest Someone We don't know, what to ask from the officer? It's very important for every citizen to know what are their rights 1. Can the police arrest you without a warrant? Yes ... But only if have committed a grave offense Offense whose punishment is more than 3 years In those offenses, police can arrest you without a warrant Like Rape, murder, sexual harassment, stalking, assault, Etc.. 2. Police must have to tell you the charges on which you are being arrested because you can prepare your defense. 3. Name & Designation of the police officer is mandatory on his uniform If they don't wear name & designation Then they can't arrest you Police can't handcuff you If you are arrested with a warrant then the police can only make you wear handcuffs If they have the permission of a magistrate And if they don't have permission then they can't force you to wear handcuffs If without pe...

Top 10 Issues To Be Resolved In a Divorce Divorce is one of the most tragic events a couple can go through to add to this it is a very long and costly process in India. In our country, maintenance and alimony are a matter of great discussions, so as a common citizen, it will really help you if you know your basic rights . In India, there are different divorce laws for different religions. The Hindu marriage act, 1955 allows the members of Hindu, Sikh, Jain, and Budh society to seek a divorce by filing a petition before the court. The special marriage act of 1954 is another secular law that governs divorce cases in India. In both mutual consent and contested divorce there are few issues that must be resolved.  The first big issue is alimony. Alimony is a fixed amount that can be claimed when the wife cannot maintain herself after divorce. The alimony is decided by the court after looking at factors. As per the law, there is no fixed amount of alimony. The court usuall...

Do I Need A Divorce Lawyer If We Agree On Everything? Do I Need A Divorce Lawyer If We Agree On Everything? Yes. You still need a divorce lawyer if you agree on everything. This may not be the answer you want to hear but it’s true.  You need a divorce lawyer to draft an agreement  Well, if you agree on everything still you will need a divorce lawyer to draft a proper agreement. Actually, you can also do this on your own. However, the agreement will govern your future and a little misplacement In a word can cause a big problem in the future. Divorce lawyers are trained to legal writing and analysis and will make sure that the agreement is proper and definite. Plus while drafting an accurate agreement you need to include boilerplate language. Now I will not go deep into the boilerplate language that goes into divorce agreement but understands that it is very important. Sometimes one or two paragraphs of boilerplate will help you down the line if something go...

Top 18 Points: How To Make a Will in India / Indian will deed format - 2021 1. A legal document expressing the decision of the testator on how their property is to be distributed after their death is called Will. Any individual can express their wishes in their will how they want their assets to be distributed. 2. These assets specified in the will may include all the property of an individual like movable and immovable property, jewelry, bank balance, market shares, mutual funds, etc. Any individual can decide on which ratio they want their assets to be divided among his or her successors. 3. In India, it is not mandatory to register your will. If you write your will on plain paper then, the Court also considers it as a legally valid will. People from any religion, caste, or gender are eligible to make their own will. 4. The following conditions must be fulfilled to make a will;            1. The maker of the will ...

Top 7 Points, What is Family Mediation? Divorce Mediation (2021) Top 7 Points, What is Family Mediation? Divorce Mediation Family Mediation brings the parents together and helps them reach agreements about the Parenting Plan for their children. What are the benefits of Family Mediation? 1. Mediation looks to the future of the children, instead of focusing on the parents' past. 2. Families have fewer disputes in the future because the mediation process helps parents with communication and making decisions that are best for the family. 3. It takes less time than the court to resolve issues - this helps move the family and children's transition toward Stability. 4. It is better for the children that the parents begin to team better ways to communicate so that the parents can support their children during the family's changes. IT COSTS LESS MONEY now, and in the future, because: 5. Mediation takes less time than a cou...