As the saying goes, 'knowledge is power, information is liberating.' I am Prerana Saraf, an Advocate from Bangalore. I started Legal Parley to bring to you a facile understanding of the social issues that India and the world at large faces in the light of the existing laws. In the process, it aims to enable people to comprehend situations better, thus spreading legal awareness.
Divorce Case: Mrs. Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes A case of Irretrievable Breakdown of Marriage and mental cruelty by wife in the form of false allegations against the husband Facts: The husband and wife were married as per Christian rites on 28/12/1987. They had two daughters. In 2005, husband filed a petition for divorce on the grounds of cruelty and desertion. He…
Maternity Benefit: Maternity Benefit Act, 1961 is applicable to every factory, shop or establishment, where 10 or more people are or were employed at any given point of time in the preceding 12 months. It is an Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. The Maternity Benefit…
Maintenance: Maintenance signifies the legal obligation to provide financial support to one spouse from another spouse after marital separation or divorce. Law on divorce has been previously covered by Legal Parley here. Taxability of Maintenance: Whether this Maintenance in the hands of the receiver is taxable can be ascertained after understanding the meaning of ‘income’ under Section 2(24) of Income Tax Act, 1961. While, maintenance…
What is Labour Migration? This Article has been written by Nimisha Gupta, law student of University School of Law and Legal Studies, New Delhi Labour migration is the movement of a labour force from one location to another. This can include different forms of migration like inter-continental, seasonal, short or long duration migrants etc. Challenges faced in Labour Migration: Regardless of the duration of their stay, labor…
Employees Rights that you must look for in an Employment Agreement This Article has been written by Saumya Bhardwaj, law student of Amity Law School, Delhi When you enter your workplace, are you afraid of your colleagues joking about your low caste background? What happens when you find your colleagues speaking negatively about you, their jobs or your company on social media sites? Have your…
The need for Uniform Civil Code: ‘What we want is a system which, while tolerating all religious beliefs, places them on a footing of perfect equality.’ – Edmund Barton The ‘eye for an eye’ law existed during the old Babylonian period in the code of Hammurabi. Is anyone willing to follow the law as of today? The answer is No. At least most of us…
Recent Amendments in Divorce Law in India Marriage in India: A marriage in India does not take place on pen and paper. It is solemnised duly in a ceremony by chanting a number of holy mantras. There are plentiful variations in marital practices. Yet, R.N.Sharma’s definition of marriage is considered as one of the most appropriate definitions of a Hindu marriage. He said it is…
Is committing suicide a crime? Suicide is man’s way of telling God, ‘You can’t fire me, I quit’ – Bill Maher Many of us have experienced a momentary weakness of mental strength. At times, driving us to give up on our lives. The dark cloud of sorrow comes crashing into one’s life when you least expect it. Such circumstances make us feel despondent enough to disregard the…
Prenuptial Agreement: You don’t know a woman, until you have met her in court – Norman Mailer A fair amount of couples are opting for a prenuptial agreement these days before they take the plunge. A prenuptial agreement or prenup ‘is entered between two individuals who are about to get married, outlining the state of their finances and personal liabilities in case the marriage fails.’ Prenuptial…
Medical Negligence Law in India: The Indian society’s knowledge on patient’s rights has been growing promptly in the recent past. This is discernible with the progress in the number of litigation cases regarding medical negligence. The social goals of the medical malpractice law are to fend off unsafe practices and compensate for injury caused due to negligence. Medical Negligence is a failure to act reasonably…
