Lawwatch

All about Divorce of Hindu Spouses by Mutual Consent

Mutual Divorce is the kind of divorce sought and obtained from the
family court by filing a joint petition by both parties in a marriage on
the basis of mutual consent. It is the quickest form of divorce for an
irreparably broken marriage. Divorce is normally sought only when the
husband and wife do not want to live together and continue their
marriage relation any longer, despite the fact that Hindu marriage is a
sacrament.

The Hindu Marriage Act, 1955, in its Section 13B, provides for
dissolution of marriage by mutual consent. Any Hindu marriage solemnized
before or after the date on which the section is brought to force (it
came into force on 27 May 1976) can be dissolved by the court based on a
joint petition of both the spouses, provided the mutual consent obtained
is based on free will, but not by exercise of any force, fraud or undue
influence.

Execution of a Decree in a Nutshell

Introduction

The term execution of a decree refers to the process for enforcing
or giving effect to the judgment, decree or order of the court.

The execution is the mechanism though which the decree holder
realises the fruits of the decree
ordered by the court. It comes to a
close when the decree holder gets the relief awarded to him by the
court.

The decree holder is the person in whose favour a decree has been
passed, and the judgment debtor is the person against whom a decree
has been passed.

Law relating to First Information Report (FIR)

Introduction

The First Information Statement (FIS) or First Information Report (FIR)
has not been defined in the Criminal Procedural Code, 1973 (CrPC). It is
commonly understood as the information received by the police about
commission of a crime and recorded under section 154(1) of the CrPC. In
fact, it is the information of a crime reported to the police, first in
point of time.

Whether any information received before the police officer is one coming
under the section 154(1) is a question of fact. It has to be decided on
the merit of its ingredients rather than the discretion of the police
officer.

What a family Settlement essentially is

What a family settlement means

Family settlement precisely is an arrangement or agreement entered into
by the members of a family for division of property. It aims at the
settlement of actual or apprehended family disputes, by compromising on
some doubtful or disputed rights by its members. It is done with an
intention to preserve not only the family property but also peace of the
family.

Settlement means an action of reaching an agreement in a disputed issue,
ending the arguments between contesting parties involved in the issue.

Gift and its Legal Provisions

Gift is the gratuitous transfer of certain existing moveable or
immoveable property, made voluntarily and without consideration by one
person to another person and accepted by or on behalf of the latter. The
transfer must be based on free will and not without duress, force or
undue influence. The transfer here means any disposition, conveyance,
assignment, settlement, delivery, payment or other alienation. The
transferor is called ‘donor’ and the transferee is called ‘donee’.

The Transfer of Property Act, 1882 in its Section 122 defines what a
gift is. The Section says a gift “is the transfer of certain existing
moveable or immoveable property made voluntarily and without
consideration, by one person, called the donor, to another, called the
donee, and accepted by or on behalf of the donee. Acceptance when to be
made.—Such acceptance must be made during the lifetime of the donor
and while he is still capable of giving. If the donee dies before
acceptance, the gift is void”.

Laws on Hindu Inheritance & Succession in Kerala

Introduction

Inheritance means the right to succeed to the estate on intestacy -
dying without a legally valid will. Succession means the process by
which the heirs acquire the property of the deceased. Inheritance refers
to the right to succeed but succession refers to the process of
succession. Both concepts are inseparably intertwined.

The law of inheritance constitutes the rules based on which the property
of a person died intestate devolves upon his descendants. It starts
operating immediately on the death of the owner of the property. Even a
child in the womb acquires the right to succession to the property when
a person dies intestate.

Indian Evidence Act in a Nutshell

Evidence: What it means

The term evidence is a bit ambiguous one. It refers to what is adduced
by a party in a court in order to establish a fact or its truth.

Evidence essentially refers to those things that make the truth of a
disputed matter quite evident to a court.

Husband's right to get Maintenance from his Wife

A deserving husband of a woman married under the Hindu Marriage Act,
1955 has every right to get maintenance. But no other law of similar
kind provides for a husband to get maintenance from his wife.

The term ‘maintenance’ includes a wide range of things for living such
as food, clothes, residence and the things necessary for the comfort and
status in which the person is expected to live.

Distinction between Culpable Homicide and Murder

The heinous offence of killing of a person by another is termed as
Murder, Culpable Homicide and Non-Culpable Homicide in India or in
degrees such as First Degree Murder, Second Degree Murder and Third
Degree Murder in the United States of America, depending on the gravity
of intention behind the act and the severity of the way of committing
the crime.

In India, the crime of killing of a human being by another human being
is broadly categorized as Culpable Homicide and Murder under the Indian
Penal Code (IPC). They are enlisted as distinct offences. But the
definition and description of both Culpable Homicide under Section 299
IPC and Murder under Section 300 IPC look almost similar in terms of the
terminology used. Therefore making out the distinction between them is
bit difficult. The lack of distinction perplexes even the learned law
professionals also.