In India, many laws have been made under the Civil and the Criminal law to regulate & implement laws related to maintenance.

In 2005, A special law called the Domestic Violence Act came into force to tackle issues related to marriage and divorce. Cruelty, maintenance, Injury, Harassment etc. are some of the issues tackled by the act.

The Domestic Violence Act under section 20(1)(d), talks about maintenance.

It says that the court or the magistrate can order a person to pay maintenance in the form of money (alimony) to his wife, his children whether they are below or above the age of 18 & his parents.

Further, under the Criminal Law too, an act called Criminal Procedure Code also talks about maintenance under section 125. It says that if any person denies to pay maintenance to his children, his wife or his parents, the courts can order him to pay sufficient maintenance to them.

Now the question arises that maintenance has been talked about in Civil law, Criminal Code & again in the domestic Violence act too. So, can maintenance be given together under all these acts or only through one of them?

The answer is Yes, maintenance can be given to a women & her children whether above 18 years or age or not, through all these acts.

Section 20(1)(d) while talking about maintenance also says that the section can be claimed individually or in addition to an order of section 125 of Criminal Law or any other relevant law as well.

Further, time and again the Indian Courts have also allowed & upheld the same argument.

In the case of Shome Nikhil Danani vs. Tanya Banon Danani (22.07.2019), wherein, the hon’ble Coram (Dr. D.Y. Chandrachud and Indira Banerjee, JJ.) of the Supreme Court of India upheld the decision of the high court granting her maintenance under both the acts, the Supreme Court stated that the High Court was correct in saying that if a woman has claimed maintenance under criminal code, she can again approach the court and seek relief under the domestic violence act.

Further again in the case of Rajnesh v Neha(04.11.2020), it was held by the Supreme Court coram (Indu Malhotra & R. Subhash Reddy, JJ) that-

“It is well settled that a wife can make a claim for maintenance under different laws. A woman can ask for maintenance under the criminal Code, the domestic Violence Act and also under the Hindu Marriage Act.

However, while giving the order to the husband to pay maintenance under all these acts, the courts must check with both the parties if any maintenance has been granted to the women & children and if yes, then how much & then the court must decide how much more maintenance should be given.

Through many other judgements too, the Indian courts have said again and again an aggrieved woman can claim maintenance under the criminal code, the domestic violence act or any other law.

About Us

We at law offices of G.S. Bagga and Associates, aim at providing unparalleled services. Our central goal is client’s satisfaction, and we never fail to exceed the client’s expectations. Our firm’s vision is driven by our clients’ needs and we are committed to satisfying their requirements and build a long term customer loyalty.

Sedition law’s origin is dated back to the Wahabi Movement of the 19^th century involving jihadists against the British, but was fully terminated in 1870s. The British then introduced the term ‘Sedition’ in IPC in 1870 under the Indian Law. The British used the sedition law to retain stately power during the Indian Freedom Struggle. This law was drafted by Thomas McCaulay. And the sedition act was enforced on many freedom fighters including Mahatma Gandhi (1922), Annie Besant and Bal Gangadhar Tilak.

Mahatma Gandhi in his article published in a Youth Magazine, 1922, had stated “Affection cannot be manufactured or regulated by the law. If one has no affection for a person, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite to violence.”

During the first amendment, then PM of India, Pandit Jawaharlal Nehru had identified offense of sedition being fundamentally unconstitutional and further said that, “now so far as I am concerned [Section 124-A] is highly objectionable and obnoxious and it should have no place both for practical and historical reasons. The sooner we get rid of it the better.”

The Supreme Court had however limited the act of sedition to -intentions and tendencies to disrupt the law of order or incite violence, in respect to the freedom speech guaranteed by the Indian Constitution of under Article 19.

]]> https://gsbagga.com/beta/how-to-protect-cruelty-against-husband-in-india-legally/ Fri, 04 Dec 2015 06:18:05 +0000 http://gsbagga.com/?p=535 Marriage is an institution which  is to create union between a man and woman who become husband and wife after marriage and take oath to live with each other with doing respect each other’s similarities and differences. But in some cases it is seen that cruelty is done by one of both. Whether it is husband or wife, there is a provision in law to protect cruelty against husband or wife, whoever is found guilty. Since cruelty is an inhuman act that cause mental suffering. And, it also happens sometimes that men too become victim of cruelty done by their wives which cause mental suffering to them.

There are some misuses which are done by wives in a marriage which may include the following:

• Misuse of dowry laws or domestic violence act and section 497-aof IPC by wife by lodging false complaints
• Betrayal by wife
• Adultery by the wife, means having extra-marital affair deliberately
• Wife going to do second marriage without having divorced
• Threatening to commit suicide or leaving husband’s home
• Lodging false FIR reports against husband and In-laws

Apart from these, there are other various grounds of filing a case for cruelty against husband. A law should be formed to protect the cruelty against husbands too so that wives do not misuse their legal rights for creating troubles for their husband and In-laws.

Plea bargaining is helpful in reducing rush and overcrowd in courts. Defendants are too helped to save time and money.This is why this is used widely by people.

Types of Plea Bargaining

Sentence Bargaining

Sentence bargaining is when a defendant accepts to plead guilty to the stated charge in lieu of a light sentence. But it must be reviewed by a judge.

Charge Bargaining

This is the most common type of plea bargaining in which greater charges are dismissed and defendant gets ready to plead guilty to a lesser charge or sentence.

Fact Bargaining

This type of plea is used rarely and appears when a defendant gets ready to stipulate to certain facts o that other facts are prevented to be introduced. This type of plea bargaining is usually nit allowed by most of the courts.

Similarly, bouncing of a cheque, literally, means when the cheque moves back or away from bank (surface) after hitting it (the bank).

A bank bounces back a cheque when the cheque is drawn for an amount which is more than the amount present in the bank account, at the time of the cheque ‘hitting’ the bank. The same can be interpreted in banking terms, in following way – When the bank refuses to honour the cheque due to insufficient funds in the account, it is called as a situation where the cheque is bounced.

What is the proceedings for Cheque Bounce under Section 138, Negotiable Instrument Act?

In case the drawer of the cheque, the one who writes or issues a cheque, is an individual then the proceeding under section 138 of the NI Act is to be initiated else if the drawer happens to be a company, then section 138 becomes redundant and section 141 plays the role and is exercised to prosecute the Managing Director of the said company.

The proceedings under Section 138, NI Act categorically support the fast track settlement where the purpose is to demand the payment and make the drawer know about possible prosecution in case of non payment / non settlement of due within 15 clear days.

In case of non payment / settlement of dues even on the expiry of 15 days, then a formal complaint needs to be put in front of the Magistrate within 30 days.

Points of Caution –

1. A cheque drawn for the purpose of gift, donation or for discharge of any liability which the drawer is not legally liable for, then the Negotiable Instrument does not become enforceable.
2. A cheque drawn in terms of compromise agreement or for not satisfying any debt or payment due is also not covered.

Cancellation of partnership firm can be done in different ways. One easy way is to do it by preparing an agreement with mutual consent after considering the terms mentioned in earlier partnership firm.

  Another way is to with the intervention of court. A court can order the dissolution of the partnership firm if

• any partner has become insane
• any partner has become incapable of performing his duties and responsibilities as mentioned in agreement
• any partner voluntarily commits breach of the partnership deed
• any other reasonable reason to be considered for dissolution of partnership

Third way is dissolution due to contingencies like expiry of partnership period, on the completion of the venture of firm, on the death of any partner, if any partner gets insolvent, etc.

In other words, the way a partnership firm is formed for a reason, dissolution of that firm also carries a reason. It all depends on the reasons which compel to end a partnership. But important is to end it in a right way and with the consent of all partners.

• Choosing a partnership firm name
• Creating a partnership deed
• Getting your partnership firm registered

Your partnership deed must contain information like the name of the company to be formed, the name and addresses of the all partners, the duration of the partnership, the nature of the business, the amount of capital that is to be invested by partners, the clarifications about the drawing that partners can make, the interest allowed and charged on capital and drawings, Rights of partner, duties and responsibilities of partners, Remuneration to partners, the ration of profit and losses that are to be shared by partners and the basis for the calculation of the goodwill at the time of retirement.

Besides, you need to follow few simple steps for registering your partnership firm:

• Make your application ready for registering your partnership firm
• Keep required fees for registration
• Keep your papers ready for the whole procedure including Application for registration of partnership in form no-1, Affidavit (Duly filled), Certified original copy of partnership deed, ownership proof of the principal place of business or rent/ lease agreement.

The application should be signed by all partners. You need to submit these documents to the Registrar of Firms of your state. This is how your partnership firm can be created.