5 reasons for a husband to file divorce in India

In India, it is a general conception that most of the laws are in favour of the women and against the men. However, it is not correct, as a High court lawyer in Kolkata mentioned that in the eyes of law all are equal and given equal rights. There are several grounds based on which a woman can file a divorce suit against her husband. However, many of the men do not know that same provision is given for them too under the Indian Law. A man can also file a divorce against her wife based on different reasons. Here I am going to mention some of those grounds based on which one can apply for divorce from his spouse.

No reason: Yes, it may sound odd, but it is true. A man who finds that he is not mentally compatible with his wife can file a divorce. There are some thoughts that this is one of the things incorporated after the amendment in the Jewish law, but no, from a long time this was in a practice. However, it is needed that even after a hard try the couple found that they simply cannot sty together and not being able improve the diametrically opposed difference they may choose to be get separated.

Under this provision, there are not at all any needs of proving any adultery charges against each other or any criminal offense in order to terminate the marriage union between them. However, we cannot call it a happy ending but yet having the divorce without any conflict is also a welcomed issue.

Adultery: One of the big reasons behind getting divorced is the charge of Adultery. It is not that the charge is only applicable to the male but also on the female counter parts. If the husband found that the wife is having a sexual relationship with another man and has enough proof of it to produce in front of court can file a case for divorce against his wife. However, the process is not that simple as it is being written, as depending on the circumstances the charge can be very difficult to be proved in the court. In addition to this while filling for the suit one must have to prove that the spouse is indulged in living in adultery. However, the charges of adultery are also a criminal offence too.

Thus if one has found his wife to be a cheater with complete evidence can surely get the divorce under the Indian law based on this ground.

Mental instability: Another strong reason under which the men can file divorce against their wives on the basis of the mental instability. If the wife is mentally not stable and there is no chance of getting cured can file a divorce under the reason. Schizophrenia, though yet not identified as curable or not but still based on the paranoid schizophrenia one can file divorce against his wife. Even if one can prove that the wife is feeble minded or does not have the common sense which can brings a lot of issue can be also put under the mental instability. However, this matter is under the subject to be proven. Without any concrete evidence, getting divorce on this ground is very difficult.

Presuming Dead: If the spouse is missing for more than seven years, one can ask of divorce too. Suppose, if a wife is remain missing for over a period of seven years or more it is possible that the court will grant divorce to the person. However, the evidence law of England is influencing this particular ground for divorce. The news of not being alive will only then be taken into account who must have the possibility of hearing the people alive or not. However, if a husband has to take a divorce under this particular ground, he has to provide all the details related to his spouse, the last date of cohabitation, the time since she last has been seen.

However, it is only be granted if there is a presumption of death of the spouse will be proved. The matter of presumption will be under the subject matter of inquiry and search. Thus getting divorce under this particular ground is not easy, as it seems.

Cruel Act: Finally, yes it is true in case of man also. Several men in India are also victim of domestic violence. In most of the cases, these issues do not come in front but it has a very strong presence in India. However, in India there are no separate law for men against the domestic violence or the cruel act of their wife. They have to file a case in the court and he have to prove that he is a victim of domestic violence. Nevertheless, in India, there are very seldom it happens that a man come forward and file a case under this provision. Most of the time men fail to come and register the case under this provision due to social obligation, which is a very wrong thought. The law of land never permits any one varied of the gender and cast to harm other person.

Thus, here I have mentioned at least five issues under which the men can file divorce against their wives. In addition to this, the person can also file a divorce case if his wife and he does not share any conjugal relationship. Therefore, if you are suffering any issues related like think do not hesitate to contact your lawyer.

5 Issues Face by the Real Estate Agents During Property Dealings

Most of the property transactions are related with legal issues. Mostly it is a common thought that the people either buyer or the seller used to face the legal consequences. However, in lot of instances it also has been seen that the agent faces the legal consequences from both the buyer and seller side. A realestate lawyer in Kolkata mentioned that there are statutory laws under which a buyer or a seller can file a legal suit against a broker. There can be several grounds based on which a legal suit can be framed against the agents. This post is related with 5 common issues that the brokers usually face on the different legal grounds.  

Misinterpretation: the most common charges against the brokers or the real estates agents faces. Apart from that, there are associated charges such as failure to disclose the issue, or to provide wrong information. Usually the misinterpretations happen when the agents in order to sale the properties say fictitiously about the structural materials or the designs about the property. Sometimes even misinterpretations happen related to the boundaries of the property. The common issues related with the disclosure are easement and renovation that with out consent of the authority.

According to the lawyers, misinterpretation can be classified into three different parts such as innocent, fraudulent and negligent. The negligence issue comes out when the agent misses to inform flaws of the property due to careless ignorance. However, if the agent deliberately hides some of the flaws of the property then it will be considered as fraudulent. In case the agents says something about the property, which will not harm the buyer or have a very less significance will be considered as ignorance.

Breach of Fiduciary duty: it usually happens in case when a third party on behalf of another person generally does the deal. Generally, nearly 10% charges against the property dealer are filed on this ground. Sometimes a single party is sold an item to two different buyers, which creates lot of issues related with it. However, in order deal with these sorts of issues the brokers and the agents must be told that what are exact work they have and what are the basic expectation of the buyers. The agencies, which are dealing in the property related issues must educate the agents regarding the state law in order to avoid the basic issues.

Misleading Advertising: Another common charge against the property agents is to give advertisement, which is misleading. It is generally considered as affinity programmes, which are associated with the advertisement related to signboards and internet advertisings. All the commercials must be fulfilling the laws that are prescribed by the state law or the national laws. There are certain codes and ethics are also there that must be followed while one is placing the advertisement over any media. Even these same issues are applicable in case of internet advertisings. It is important that all the advertisement must contains truth; any misinformation may lead to legal consequence.

Environmental Issues: There are often it has been seen that agents used to promises the buyers of using the items that are environment friendly. These items can include asbestos, or rainwater harvesting issues. Even if the against promises to use environment friendly paints but uses lead based paints can also be considered as misguiding. The buyers can file lawsuits against the broker based on these issues. In order to avoid such issues the brokers are advised to tell the truth such as the use of paint and the potential hazards that it may cause to the residents.

Illegal Advices: Another important issue that brokers must consider while selling a property is to give the right advice to the people. Generally, the buyers are mostly unaware of the legal consequences of property dealings. It is not only the duty but also lawful that the brokers must give the right advice. They must provoke the buyers to be indulged into some issues that are illegal and the client may face legal obligations later.  However, a broker must not give and neither they are entitled to give any legal advices to the clients. The legal advices can be only be given by the property related lawyers who are aware of all the tax and other legal issues of property transactions.

Here, in this post I have mentioned about the different legal issues that generally the real estate agents and broker usually faces. It is always advisable to agents to remain truthful to the clients and must not post any advertisement that may mislead the potential buyers. In any legal situation one must contact with the attorneys as soon as possible.