ARTICLES

WHY INDIA NEEDS TO RECOGNISE THE EXISTENCE OF PARENTAL ALIENATION (PA) AND CLASSIFY IT AS AN OFFENCE?

-Adv. Juhi Damodar Parental Alienation is an internationally recognized form of parental psychological abuse. Richard A Gardner, an American child psychiatrist, after making several observations found a childhood disorder seen exclusively in child-custody cases. He coined this childhood disorder by the term Parental Alienation Syndrome (PAS) in 1985. He stated that he had observed in …

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Why there is an urgent need to reform divorce laws in India

Adv. Juhi Damodar The rise of divorce cases in India among the educated and affluent speaks volumes about the mindset of Indians. One out of every two marriages is heading into a divorce. Though ‘Happily Divorced’ is the new normal, it isn’t easily achieved, with partners stuck in broken-down marriages that are emotionally dead and …

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AN ANALYSIS OF RECIPROCAL PROMISES , ABANDONMENT & BREACH OF CONTRACTS .

In our daily life, we always come across contracts, right from employment, business, or any other transaction. But we are more concerned about the business contracts because a lot of financial transactions, brand name, goodwill etc dependent on a good contract. Contracts are necessary for mutual understanding between the parties and for maintaining compliance.  So, …

AN ANALYSIS OF RECIPROCAL PROMISES , ABANDONMENT & BREACH OF CONTRACTS . Read More »

CASE ANALYSIS: VISHNU KUMAR TIWARI V. STATE OF UTTAR PRADESH.

By Juhi Damodar The Supreme Court in Vishnu Kumar Tiwari V. State of Uttar Pradesh has explained the procedure to be adopted by the Magistrates in dealing with protest petitions. Further, it has also stated the remedy available to the petitioner when his Protest Petition is not treated as a complaint by the Magistrate. In …

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Irretrievable Breakdown of Marriage: Whether Supreme Court should exercise it’s powers under Article 142 of the Constitution of India to set aside such a marriage even when one party does not consent to divorce?

The breakdown theory happens to be one of the most discussed topics to be included as a ground for dissolution of marriage and it is one of the most awaited review of the powers of the Supreme Court. Excitement now doubles with the whole matter being live streamed for the first time by the Supreme …

Irretrievable Breakdown of Marriage: Whether Supreme Court should exercise it’s powers under Article 142 of the Constitution of India to set aside such a marriage even when one party does not consent to divorce? Read More »

How men should respond towards the domestic abuse or physical violence by women?

Domestic abuse or violence can take place as emotional, mental torture and physical violence. Society is largely gender biased. It generally assumes, that it is the man, who can inflict more harm on the woman and laughs off the incidents of actual domestic violence on men. There is a total disbelief or refusal to even …

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Live-In Relationships: What you need to know before stepping into it.

Nobody wants to deal with the traumas of a marriage break up, child custody battles, maintenance and alimony issues, nor the stigma of divorce which takes its toll on the mental and physical health apart from expensive and cumbersome legal procedures. Despite awareness of the fact that there are numerous instances of gender bias, rise …

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New Guidelines brings in realistic approach regarding payment of maintenance in matrimonial disputes.  

“Those who say money can’t buy happiness, clearly have never paid for divorce.” – Anonymous When it comes to divorce, the decision to part ways creeps up every time you think the limits of your tolerance has crossed and you cannot be a doormat anymore, yet it’s only after several failed attempts to reconcile that …

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Transfer petitions must factor in case merit and must not be gender inclined

Woman empowerment brought in special provisions ensuring protection to women but it is being misused. There’s a new trend where girls befriend guys to marry after assessing his social & financial status and if he isn’t catering to her greed, she simply walks out by putting false accusations on him and his family, causing them …

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Divorce laws must urgently reform in India and divorce granted within 3-6 months

The rise of divorce cases in India among the educated and affluent speaks volumes about the mindset of Indians. One out of every two marriages is heading into a divorce. Though ‘Happily Divorced’ is the new normal, it isn’t easily achieved, with partners stuck in broken-down marriages that are emotionally dead and beyond salvage. Mutual …

Divorce laws must urgently reform in India and divorce granted within 3-6 months Read More »