LEXIS AND COMPANY

  Property rights of the second wife The Hindu Marriage Act, 1955, prohibits polygamy. Section 5 of the Hindu Marriage Act, 1955, specifies that at the time of marriage, none of the parties should have a living spouse. Therefore, if this condition is not met, the second wife does not have the right to claim any share in the property of the husband. Additionally: If the second marriage is valid, i.e., the husband gets married after the demise of the first wife or after getting divorced from the first wife, then the second wife has the same rights as the first wife over the husband’s property. This is valid for both the husband’s self-acquired as well as ancestral property. property rights of the second wife's children The Hindu Succession Law defines the following members as Class I legal heirs to the deceased person’s estates, in case of the absence of a will, i.e., the owner’s intestate demise:              -The son, daughter, widow, mother, son of a predeceased son, daughter of p

  Mental Harassment     Mental Harassment or Emotional Abuse is any kind of non-physical attitude or behaviour that intimidates, controls, sub judicates, punishes, demeans, or isolates another person by way of humiliation, fear or degradation. The following are some of the common examples of mental harassment: A constant abuse from a person again and again. Cheating by spouse or mental torture for dowry. Any kind of abstinence from something that a person loves to do. Many a time mental harassment is caused by bad words or emotional thrust. However, it can be even be physical in some extreme cases. Section 498A Section 498A  of IPC came as a significant addition to the Indian Penal Code, 1860, which was introduced in 1983 to safeguard the rights and empowerment of women. Under Section 498A of the Indian Penal Code, extortion of any form of property by subjecting a woman to cruelty is punishable. The Government of India amended the  Indian Penal Code, 1860  (IPC) by way of the  Criminal

  Section 89 of C.P.C  Section 89 of the Code of Civil Procedure was enacted to encourage parties to reach an amicable, peaceful, and mutually beneficial agreement without the need for court interference. The majority of disputes are settled out of court in nations all over the world, particularly in the developed few of them. Only if the parties are unable to reach an agreement will the case/dispute proceed to trial. Where it appears to the court that there are elements of a settlement that may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations, and after receiving the parties' observations, the court may reformulate the terms of a possible settlement and refer it to (a) arbitration; (b) conciliation; and (c) judicial settlement, including settlement through loc Adalat. Or (d) the use of mediation,  Where a dispute has been referred to arbitration or conciliation, the provisions of the Arbitration and

  Rape [Section 375 & 376] Section 375, IPC defines rape. In simple terms, the offence of rape is the ravishment of a woman, without her consent, by force, fraud or fear. In other words, it is the carnal knowledge (penetration of any of the slightest degree of the male organ of reproduction) of any woman by force against her will. It is an obnoxious act of highest degree which violates the right to privacy and sanctity of a female. Apart from being a dehumanizing and perverted act, it is also an unlawful interference in the personal life of a woman which is an intense blow on the honor, dignity, reputation and self-esteem of a woman. This outrageous crime not only causes physical injury to the victim but also humiliates, degrades and leaves a scar on the most precious jewel of a woman i. e. her character and dignity. Essential Ingredients of Rape Section 375 has the following two essential ingredient- Actus Reus: There must be sexual intercourse, as understood in terms of the provi

  Civil Law Tradition  In today's world, most countries follow one of two legal traditions: common law or civil law. During the middle Ages, the common law tradition arose in England and was later adopted by British colonies all over the world. Civil law developed concurrently in continental Europe and was implemented in the colonies of European imperial powers such as Spain and Portugal. In the nineteenth and twentieth century’s, civil law was also introduced. Countries that used to have distinct legal traditions, such as Russia and Japan, have been doing so for centuries. In order to improve their legal systems, they sought to reform them. Attain economic and political clout similar to that of Western European nation-states are an example of this. The majority of common law is uncodified. This implies that no comprehensive collection of legal rules and statutes exists. While common law does rely on a few scattered statutes, which are legislative decisions, it is mostly based on p

  Procedure of filing a PIL Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case. What are the issues that cannot be filed under PIL? The Supreme Court has issued a set of PIL guidelines according to which the following matters will not be allowed as PILs: Landlord-tenant matters Service matters Matters pertaining to pension and gratuity Complaints against Central and State government departments and Local Bodies except those relating to items 1 to 10 mentioned in the list of guidelines Admission to medical and other educational institutions Petitions for early hearing of cases pending in High Court or subordinate courts How does one decide on filing a PIL? An advocate who has been filing PILs in Chennai High Court says it would be good to

  Public interest Litigation, In simple words, means, litigation filed in a court of law, for the protection of Public Interest, such as pollution, Terrorism, Road safety, constructional hazards etc. Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed. For e.g. - Violation of basic human rights of the poor - Content or conduct of government policy - Compel municipal authorities to perform a public duty. - Violation of religious rights or other basic fundamental rights Examples of PIL (Public Interest Litigation ) The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow, in view of larger public interest. A