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.

Online shopping is secured completely under Consumer protection Act

With the boom in the retail industry, the trend of online shopping is also increased India. Most of the people would like to do the shopping by sitting in the comfort of their room. However, there are numerous people in India used to avoid online shopping due the security issues. Though the goods used to be delivered at the door step people used to avoid online shopping. One of a renowned lawyer for consumer court has pointed out that people usually have a misconception that online portals sales product. They usually provides a platform based on which merchandisers sell products.

There are several complains reported regarding online shopping such as defective delivery o the product, delay in delivery etc. However, people also complains that if they ask the companies to pay back against the damaged goods, then the companies do not take responsibility of that or sometimes do not even pay the money back. Additionally, often the companies do not accept the warranty proposed by the online portals.
However, one must not get swayed by the these problems as one can face the same problems in the physical shopping too. However, Consumer Protection law can secure the rights of the people too. Consumer forum of India treats the shopping portals as the dealers of the merchandisers. Another reason of considering them as seller is that the sales process is also channeled through them.

In order to incorporate the online portals and the e commerce sites, the new bill named Consumer protection Bill 2015 has been proposed by the government. This bill will help to sort out the increasing intricacies related to online shopping. As per the proposal of the bill, an authority will be there which will reserve the power of call back products. However, few people have argued that a separate act must be there for the online and ecommerce selling. There are lot of customer groups which have advocated of a new law in India in order to secure the million of people’s right who shops over internet.

The demand for the new bill has for consumer protection has been increased due to the new bills enacted in EU and US. They have introduced bills based on the new requirements of their people who shops on online portals. The passed bill in the parliament will be soon enacted as an act will replace the old consumer protection Act of 1986.

So from the discussion, it can be understood that the government law is enforceable strictly as on the online shopping just like physical shopping. In order to protect the right of the customers government has enforced the different IT acts, which makes the transaction safer. Still if any person would get cheated they can contact a lawyer who is expert in consumer court matters. They will assist the person to get legal support and compensation as per the law.

Protecting Your Consumer’s Right in India: An Open Economy

No body can decline the effect of the globalisation on the different sectors and different countries. The regional economies have also been influenced by the punch of the globalisation and especially the open economical situation. All the European and American industries are looking for the Asian market such as of China and India for the market as well as cheap labour. One of Lawyer for consumer court has pointed out that the quality of the product due to outsourcing has been compromised and the consumers are being harassed due to these. However, there are few laws present in India to ensure the rights of the consumer. The primary one is the Consumer protection Act 1986.

The Act ensures that the consumer must be aware of the issues related to the quality, effectiveness, amount, purity, value and the paradigm of the products or the services. The act ensures the right of the consumer against any kind of unfair trade practicing. Even if the organisation operates in a monopoly also still the rights of the consumers are protected through the consumer’s right. Thus, the law keep the manufactures to ensure the quality of the product before the government or the legal institutions get involved in this.  

Mostly the Consumer protection Act 1986, addresses the following issues:

·         To protect the right of the consumers from all kind of perilous good and services

·         To be informed about the performance of the goods or the service

·         To protect the right to choose freely

·         To be get heard by the seller during the process of decision making

·         To seek Redressal if the consumers’ right is infringed

·         To have the proper consumer Education

 

It is the right of the consumer to remain informed about the product or the services that he or she intends to buy. In addition to the Consumer protection Act 1986, Weights, Standards & Measures Act is also present which ensures that the customer must get the product of the right weight and standard that is mentioned by the seller. It is right of the customers that they can take the help of the lawyers in case they feel that they are being cheated. In addition, the consumer must be aware of the hazards that a product can cause to him or the family. At any condition, the consumer cannot be forced to buy a product or service as the law protects the right of choosing the product or the service freely.

It has been seen that the consumers are largely denied of the rights that are reserved for them especially in the open economies like India. Often the sellers exploit the buyers by taking unfair trade practices as most of the buyers are not sincerely aware of the rights as the consumer. Thus, it is important for the buyers also to know about the rights that they have in relation with the buying and selling. There are several countries where the degree of the fair practice of the consumer protection is regarded as one of the parameter of the country’s progress. Even if the company is not originated in India, still the consumer can file the case against the company under the Consumer protection Act 1986. Thus however, India is an open economy the laws are there to protect the rights of the general consumers.

The consumer protection law in India is a safeguard for the Indian citizens against any kind of false advertisements shown by the advertising authorities. If it has been found that the organisation has misled the people through the false information in their advertisement, legal consequences can be happen due to that also under consumer protection act. In order to defend the privileges of the consumers, Ministry of consumer Affairs of Government of India has built-in the department of Consumer affairs. The department redress the grievance of the people in three different layers depending on the purchase value.

The main problem is not related regarding the presence of law but about the implementation of the laws. Thus, it is needed that the government must look into that the laws are implemented successfully in order to protect the rights of the consumers. In case you are facing any problem regarding a product or service you must go to the consumer court to get the justice, as it is your right.

5 Problems Related To Child Adoption In India

Being a parent is one of the most joyous moments for any couple. However, there are nearly 15% of the couple in the world suffers from childlessness. Adoption process one of the best way to become a parent. However, there are lot of problem is associated with the child adoption in India. The thought with a noble intention brings challenges with it also. If one is planning to adopt a child without legal proceedings it is another mistake that can bring other trouble to them. A renowned Child adoption lawyer in Kolkata mentioned that while one is planning to go for a child adoption, they must be aware of the associated problems with it. One thing all must know that there are near about 30% of orphan child is there in the country but it is only less than 12% of them who are legally free to be get adopted. Here few problems are being mentioned associated with the child adoption.

Financial obligation: The first and foremost problem with adoption process is the financial issue. The parent intend to take adoption must be enough capable of upbringing the child. They have to put a certificate of income in front of the adoption agencies. Apart from that, if one intends to adopt from a private agency they have to pay a lot more money in compare to the public or governmental agencies. Apart from this there are some other costs that are also associated with the adoption such as the fees of the lawyer and court processes.

Health Constraints: health condition is one of the prime constraints behind adoption. In case of close adoptions, to access the medical background of the child is nearly impossible. Thus one has to based on the information provided by the adoption agency. Where as in case it is an open adoption, it may possible that the biological father is not present and thus to obtain a complete information related to child is not possible either. However, this may lead to different problems in future. If a child will have some serious health problem, the adopted parents may have problem to find to relate with it. It may also happen that due to work pressure the adopter parents may not be able to take proper care of their child. However, the couples wish to adopt must also take the information related to childbirth as it is their right also. Lack of such information may later create problems for the adoptive parents.

Legal complications: A lawyer in Kolkata has mentioned that the adoption process is associated with variety of legal complications. Mostly there are three laws in India present under which the adoption process can take place. These are Hindu Adoption and maintenance Act of 1956, The Guardians and Wards Act of 1890 and The juvenile justice (Care and Protection) Act of 2000, amended in 2006. The legal adoption in India can only be happened under these processes. There are other issues are also there especially in case of open adoptions.

Ethical issues: In case of adoption, there are some ethical challenges that are generally faced by the adoptive parents. Often the agency hide important information related to the child to the adoptive parent, which in future can arise as challenge. There are lot of European and other foreigners come to India for adopting a child. In these cases there is a fear of trafficking is associated with it. Apart from that, couples face problem related to social stigma.

Emotional and Cultural issues: One must understand that there are lot of issues is associated with the adoption on emotional and cultural side. One couple who are intending to go for a adoption must be mentally strong enough to deal with the different emotional and cultural issues. Sometimes it has been seen that couples adopting a bigger child faced issues to have mental synchronization with them. If the child adopted is from a different religion, it can create cultural issues. Thus, one must be prepare to face such challenges also.

Therefore, here I have mentioned some of the challenges that are generally faced by the adoptive parents. It is always advisable that one must be prepare to face such issues prior to the adoption process.