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AM Law Firm's blog provides insights into various legal topics and updates. It covers a range of subjects including corporate law, intellectual property, litigation strategies, and case studies. The posts aim to inform clients and readers about legal developments, offering expert analysis and practical advice on navigating complex legal scenarios. The blog serves as a resource for individuals seeking legal knowledge and trends in Indian law. For more detailed insights, you can visit: https://www.amlawfirm.in/blog

In a recent decision, the Supreme Court of India has provided crucial clarity on the classification of suits as "commercial disputes" under the Commercial Courts Act, 2015. This case revolved around whether a simple money recovery suit can be treated as a commercial dispute, thus falling within the purview of the fast-tracked commercial divisions. Background of the Case The case, involving S.P. Velayutham & Anr. versus M/s Emaar MGF Land Limited, originated from a 2018 decision by the Madras High Court. The High Court had classified the suit filed by the respondent as a commercial suit under Section 2(1)(c) of the Commercial Courts Act, 2015, which prompted the defendants to challenge this classification before the Supreme Court. https://www.amlawfirm.in/post/commercial-dispute-or-simple-money-recovery-a-significant-ruling-by-the-supreme-court

Marital support in India, often referred to as alimony or maintenance, plays a crucial role in ensuring financial stability post-divorce. It encompasses the financial assistance one spouse may provide to the other, considering their respective financial standings and the circumstances of their separation Types of Marital Support 1. Temporary Marital Support: Temporary support is provided for a specific period or until the death of either spouse, whichever comes earlier. 2. Permanent Marital Support: Permanent support, as the name suggests, is payable indefinitely until the recipient spouse either remarries or passes away. TO know more details on marital Support : https://www.amlawfirm.in/post/understanding-marital-support-in-india-rights-and-responsibilities

High Court of Bombay Dismisses Petition to Quash FIR in Matrimonial Dispute On 22nd July 2024, the High Court of Bombay, comprising Justices A. S. Gadkari and Dr. Neela Gokhale, dismissed a petition seeking to quash an FIR under sections 498-A, 406, 504, and 34 of the Indian Penal Code. The case involved allegations of matrimonial cruelty. Case Background The petitioners, consisting of a husband, father-in-law, and three sisters-in-law, were accused by the complainant of severe harassment and cruelty. The complainant alleged that after her marriage in December 2021, she faced abuse and unreasonable demands from her in-laws, including being forced to perform all household chores and subjected to degrading checks via WhatsApp video calls. To know more on the case : https://www.amlawfirm.in/post/high-court-of-bombay-dismisses-petition-to-quash-fir-in-matrimonial-dispute matrimonial dispute, quash fir, high court of Bombay, high court, high court writ, high court advocate list, supreme court advocate, high court writ of control, high court lawyer, high court advocate mobile number, high court cases search by name, high court advocate name list, high court advocate, highcourtchd, supreme court advocate name list, online high court case status, high court case search, high court lawyers near me,

Spousal Maintenance Spousal maintenance, often referred to as alimony, is a financial obligation one spouse may be required to pay to the other during or after a divorce. The primary purpose of spousal maintenance is to provide financial support to a spouse who may be disadvantaged or unable to meet their reasonable needs independently following the dissolution of the marriage. Types of Spousal Maintenance 1. Temporary Maintenance: Awarded during the divorce proceedings to support the lower-earning spouse until the finalization of the divorce. 2. Rehabilitative Maintenance: Provided for a limited period to allow the recipient to gain education or training necessary to become self-supporting. 3. Permanent Maintenance: May be awarded in cases where the recipient is unlikely to become self-sufficient due to age, disability, or other significant factors. 4. Reimbursement Maintenance: Compensates a spouse who made significant financial contributions to the other spouse’s education or career advancement. To know more on Spousal maintenance: https://www.amlawfirm.in/post/spousal-maintenance-and-types

Spousal maintenance, or alimony, is a court-ordered payment to support a financially weaker spouse post-divorce. Courts consider factors such as the marriage's length, standard of living, and each spouse's financial situation when determining awards. Longer marriages and higher living standards often lead to greater maintenance amounts. Additionally, non-monetary contributions, like homemaking, are valued. Child support ensures a child's financial well-being, covering essentials like food, education, and healthcare. Courts calculate support based on parents' incomes, custody arrangements, and the child’s needs. In some regions, adult children must support elderly parents under filial responsibility laws, which vary by jurisdiction and specify conditions like parents' financial inability. These maintenance laws protect vulnerable individuals, reduce poverty, and promote fairness, ensuring financial stability post-separation or divorce. Understanding these laws is crucial for fostering equitable financial support within society. To know More:https://www.amlawfirm.in/post/high-court-of-delhi-judgment-on-maintenance-dispute

High Court of Delhi Rules on Maintenance Dispute – AMLAWFIRM Background: On 22nd February 2024, the High Court of Delhi, presided over by Hon'ble Mr. Justice Navin Chawla, addressed a petition filed by a husband challenging the order dated 15th December 2021 by the Family Courts at Karkardooma, Delhi. The Family Court had directed the husband to pay interim maintenance of Rs. 10,000 per month to his wife and Rs. 12,000 per month to their child. Husband's Argument: The husband, represented by Advocates Ms. Anubha Dhulia and Mr. Sushil Kumar Singh, argued that his income was inaccurately assessed by the Family Court. Despite submitting affidavits showing an income of Rs. 14,000 to Rs. 24,000 per month, the Family Court determined his income to be Rs. 70,000 per month, allegedly based on conjectures. https://www.amlawfirm.in/post/high-court-of-delhi-judgment-on-maintenance-dispute

Case Overview In a recent ruling dated 26th July 2023, the Hon'ble Mr. Justice Krishna S. Dixit of the High Court of Karnataka at Bengaluru addressed the long pendency of matrimonial cases, emphasizing the importance of their swift resolution. The case in focus, Writ Petition No. 14769 of 2023, was filed by Sri. N Rajeev against Smt. C. Deepa under Article 227 of the Constitution of India, seeking the expeditious disposal of his matrimonial case (M.C. No. 2514/2016) pending before the Vth Additional Judge Family Court, Bangalore. This case highlights the need for swift Karnataka matrimonial case resolution. Petitioner's Grievance The petitioner, represented by Advocate Sri. Basavaraj R Bannur, sought a decree for the dissolution or nullity of marriage under Section 13(1)(IA) of the Hindu Marriage Act, 1955. The primary grievance was the prolonged delay in the trial and disposal of his case, which had been pending since 2016.

Background of the Case Kerala High Court ruled that the Family Court was justified in granting a divorce by mutual consent, even though the wife later withdrew her consent. The case involved an appeal by the wife challenging the Family Court’s decision to dissolve the marriage under Section 10A of the Divorce Act, 1869. Mediation and Settlement The couple had multiple legal disputes, which were resolved through mediation. An agreement was reached where the husband paid the wife approximately Rs. 6 lakhs. However, the wife later claimed she had signed the mediation agreement under pressure and was not willing to proceed with the divorce by mutual consent.

Importance of Detailed Police Reports The Court emphasised the importance of a detailed and compliant police report, as Section 173(2) outlined. These reports are crucial documents for prosecution, defence, and judicial proceedings. The Court directed that police reports must include specific details such as: 1. The names of the parties involved 2. The nature of the information 3. The names of the witnesses 4. Whether an offence appears to have been committed and by whom 5. The status of the accused (arrested, released on bond, forwarded in custody) 6. Relevant medical examination reports, particularly in cases involving offences under Sections 376 and related provisions of the IPC TO Know more: https://www.amlawfirm.in/post/summary-of-supreme-court-judgment-dablu-kujur-vs-the-state-of-jharkhand

Practice Areas - Aegle Marmelos Law Firm in Chennai & Madurai • Criminal: Violent crimes (murder, assault) • Sexual offenses (rape, harassment) • Property crimes (theft, burglary) • Financial crimes (fraud, embezzlement) • Cybercrimes (hacking, online fraud) • Drug offenses, including NDPS Act violations (possession, trafficking) • Traffic violations (DUI, hit and run) • Government offenses (sedition, terrorism) • Environmental crimes (pollution, wildlife offenses) • Public order crimes (rioting, public intoxication) • Defamation (slander, libel) https://www.amlawfirm.in/practiceareas

Filing a Petition for Divorce in India Filing a Petition: The divorce process in India begins with the crucial step of filing a petition. This is the formal action taken by one spouse, known as the petitioner, to initiate the legal proceedings for divorce. The petition is filed in the appropriate family court, which has jurisdiction over the matter based on factors such as the place of marriage, the residence of the respondent, or where the couple last resided together Preparing the Petition The petitioner must meticulously prepare the petition, ensuring that it comprehensively details the grounds for seeking divorce. These grounds vary depending on the personal law applicable to the marriage. For instance, under the Hindu Marriage Act, 1955, grounds can include cruelty, adultery, desertion, conversion to another religion, mental disorder, and more. Under the Muslim personal law, grounds such as incompatibility and failure to fulfill marital obligations might be cited. Click to know More… https://www.amlawfirm.in/post/filing-a-petition

Case Summary: Irfana Nasreen vs. The State – Cheating Allegations in Marriage Background: Irfana Nasreen, the petitioner, is the wife of the accused in Court with Cheating Allegations in Marriage, with her husband. She alleges that her husband deceived her by hiding the fact that he was impotent before marrying her. The petitioner discovered his condition only after their marriage and subsequently learned that his first marriage had failed for the same reason. Additionally, her husband received 200 sovereigns of gold jewellery and items worth Rs. 5,00,000 during their marriage. After the truth came to light, her husband divorced her by saying "talak" and left for the U.S. Petitioner's Argument: The petitioner's lawyer argued that the police registered a case under Sections 498-A (cruelty by husband or his relatives) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) but failed to include Sections 417 (cheating) and 420 (cheating and dishonestly inducing delivery of property) IPC, even though the allegations indicate cheating. Therefore, the petitioner requested the court to direct the police to include these sections in the FIR. Cilck here to know more on the case

Understanding Maintenance Laws in India: Ensuring Support for Spouses, Children, and Parents in India INTRODUCTION Maintenance Laws In India: The Maintenance Laws in India under various provisions was to compel a man to perform the moral obligations, that he owes to society in respect of his wife, children and parents By offering swift and straightforward yet limited relief, these provisions aim to prevent neglected wives and children from being left impoverished and marginalized, thus avoiding their descent into vagrancy, immorality, and crime for survival. The inability of a wife, child, or elderly parent to support themselves can lead to significant social issues. Consequently, the state must intervene to prevent such inability from escalating into broader societal problems, as unchecked, it could result in widespread vagrancy. DEFINITION: According to the dictionary, maintenance refers to support or sustenance. This term is not explicitly defined within the marriage laws of any religious community. However, the entitlement of claiming maintenance is certainly based on the assumption that the claimant doesn’t have sufficient means to support herself. The maintenance generally covers the expenses for necessities or essentials for the substance of life. However, it is not merely a right for the survival of the claimant. This is evident from the provisions outlined in the aforementioned acts, which provide the court with guidelines on the factors to consider when determining the amount of maintenance. The court is to look into the possession of the property of both the husband and the wife, the ability of the husband to earn, the conduct of the parties and other circumstances to decide the amount of maintenance. Before determining the amount of maintenance, the court must consider the status of the parties and the standard of living they enjoyed during the marriage. TO know More: https://www.amlawfirm.in/post/understanding-maintenance-laws-ensuring-support-for-spouses-children-and-parents-in-india

Frequently Asked Questions on Maintenance and Alimony: Q1: What is maintenance in the context of Indian law? Answer: Maintenance in Indian law refers to the financial support provided by one spouse to another during or after a legal separation or divorce. It is not defined explicitly in the marriage laws of any of the religious communities in India. Still, it is a measure to ensure that a spouse who cannot support themselves financially is provided for. The entitlement to claim maintenance is based on the assumption that the claimant does not have sufficient means for self-support. Q2: Who can claim maintenance? Answer: Typically, any spouse who does not have adequate means to maintain themselves can claim maintenance. This includes neglected wives, children, and parents. The provisions are designed to prevent these dependents from falling into poverty which could lead to social issues. To know more about the Maintenance FAQs do click our: https://amlawfirm.in/post/frequently-asked-questions-on-maintenance-and-alimony

In light of evolving societal norms and the imperative to safeguard the rights and dignity of LGBTQ+ individuals and inter-faith/inter-caste couples, the Supreme Court has given guidelines for the handling of habeas corpus petitions and petitions for police protection. Background: Recent instances in the Kerala High Court, where counselling was ordered for LGBTQ+ individuals, raised concerns regarding potential infringements on personal autonomy and sexual orientation. To Read More: https://www.amlawfirm.in/post/guidelines-for-upholding-rights-of-lgbtq-and-inter-faith-inter-caste-couples-in-legal-proceedings

The Supreme Court criticized Tamil Nadu district collectors for not attending the meeting with the Enforcement Directorate (ED) as ordered. The court emphasized the importance of obeying orders and respecting the law and the Constitution. The collectors have been given another opportunity to meet with the ED by the end of April. The court expressed dissatisfaction with the collectors' behaviour and stressed the need for compliance. The collectors' lawyer explained their busy schedule due to elections and data collection. To know More: https://www.amlawfirm.in/post/the-apex-court-rebukes-tamil-nadu-collectors-for-their-failure-to-respond-to-ed-summonses-in-an-ille

The Supreme Court today came down hard on the State Bank of India for not sharing the complete data on electoral bonds, a scheme that allowed individuals and businesses to donate anonymously to political parties. The court had struck down the scheme and directed the bank to share all details on the donations made in the last 5 years. to know more: https://www.amlawfirm.in/post/supreme-court-raps-sbi-for-not-sharing-complete-data-on-electoral-bonds

New Delhi: The Supreme Court on Friday dismissed two writ petitions: namely, apprehensions over 19 lakhs missing EVMs and another petition to use ballot paper to conduct elections while reposing its faith in the EVMs. Adjudicating the 19 lakh missing EVM petition, the top court called the apprehensions and allegations completely baseless, thereby closing the matter in favour of the Election Commission of India (ECI). To read it : https://www.amlawfirm.in/post/supreme-court-rejects-petitions-against-evm-use-in-elections

Chennai Aegle Marmelos, G1, Door No 32/2, Lakshmi Apartments, Karaneeswarar Pagoda Street, Mylapore , Chennai 600004 8903303030 Madurai Aegle Marmelos, No.1/16A, first floor, 2nd Poombukar Street, Valar Nagar, Madurai - 625023 8220292295, 8903303030 To know More: https://www.amlawfirm.in/contactus

Know About Our Team: Mr.Bageerathan Mr. Bageerathan is a distinguished legal professional with a rich background spanning over 16 years in the legal field. He earned his Law degree from University Law College and further enhanced his legal acumen by obtaining Dual Masters degrees in Law (LL.M) from Hull University in the United Kingdom. Mr. Bageerathan has demonstrated his legal proficiency in various High Courts across India and the Supreme Court, specializing in a range of practice areas including Family and matrimonial disputes, Drugs and Cosmetics Law, Labour Law, Constitutional Law, Information Technology Law, Commercial Law, and Criminal Law. His expertise extends across a broad spectrum of legal domains, reflecting his versatile legal skill set. Noteworthy is his role as Standing Counsel for esteemed organizations such as the State Bank of India, Cholamandalam Finance, Inland Waterways Authority of India, and Airports Authority of India, where he represents their interests with commitment and expertise before the Madras High Court at Chennai and Madurai. Currently, Mr. Bageerathan is deepening his specialization in the field of family law by pursuing a doctorate focusing on marriage and divorce. This advanced study underscores his commitment to excellence and continuous learning in his field, further solidifying his status as an eminent figure in the legal community. To know more on our Team: https://www.amlawfirm.in/team-4-1

About AEGLE MARMELOS Law Firm: • Dedication to Legal Excellence: . Aegle Marmelos is committed to providing top-tier services in Criminal, Writs, Family, Civil, and Company Law, ensuring robust courtroom representation for our clients • Inspiration from the Bael Fruit: Our firm's name, inspired by the revered Indian Bael fruit, symbolizes our mission to alleviate legal burdens and bring serenity to our clients' lives, mirroring the fruit's association with wellbeing. • Wide-ranging Legal Expertise: As a full-spectrum international law firm, Aegle Marmelos boasts an extensive network of attorneys across India, specializing in diverse legal fields and providing comprehensive legal solutions. To know More about us : https://www.amlawfirm.in/about-1

AEGLE MARMELOS Law Firm: Comprehensive Legal Services: • Family law • Criminal Law • Civil Law • Writs Family Law: • Restitution of Conjugal Rights: Assisting clients in filing for restitution to resume marital cohabitation when one partner withdraws from the other without reasonable cause, seeking a court order for the aggrieved party. • Divorce and Separation: Guiding clients through legal processes for divorce, including contested, mutual consent, and separation agreements, along with annulment procedures. • Child Custody and Support: Advocating in custody disputes, determining child support, and establishing visitation rights, focusing on the children's best interests. To Know More: https://www.amlawfirm.in/