Category: Mohammadam Law

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Under which provisions of law one can claim maintenance?

Under which provisions of law one can claim maintenance?

Under which provisions of law one can claim maintenance? Maintenance is an integral part of matrimonial proceedings. Maintenance…
No Maintenance to wife by court

When No maintenance will be granted by courts to the wife: No Maintenance to wife by court

When No maintenance will be granted by courts to the wife: No Maintenance to wife by court Highly…
No Jail if punishment is up to 7 years.

No Jail if punishment is up to 7 years.

No Jail if punishment is up to 7 years. ‘Arnesh Kumar’ Guidelines For Arrest Applicable To Offences Punishable…
What are interim and exparte orders under Indian Law? INTERIM ORDERS Interim orders are an essential part of legal proceedings which plays a crucial role in ensuring justice and maintaining stability during the course of a case. ‘According to the dictionary meaning of interim means for the time being, meanwhile, temporary, provisional, not final, intervening.’ These orders serve as temporary measures issued by courts to address urgent matters, preserve rights, and provide relief until a final judgment is reached. By providing temporary relief, interim orders allow individuals to secure their rights and prevent any further damage or loss while awaiting the final resolution of a case. They also contribute to the efficiency of the judicial system by preventing delays. The significance of interim orders lies in their ability to strike a balance between immediate relief and the need for a fair and comprehensive resolution of legal disputes. Interim orders are governed by specific procedural rules that vary across jurisdictions but generally share common principles. Parties seeking interim relief must typically demonstrate the urgency and necessity of the order and provide sufficient evidence supporting their case. Courts consider factors such as the balance of convenience, the likelihood of success in the main case, and the potential harm that may result from the lack of interim relief. The procedural framework also entails notice requirements, the opportunity for opposing parties to present their arguments, and the provision for expedited hearings. Familiarity with the procedural aspects is vital for parties involved in legal proceedings, as it ensures compliance with the requirements and enhances their chances of obtaining interim relief effectively. The concept of interim or interlocutory order derives its roots and origins from the provisions of Order 39 Rules 1 to 3 CPC, which are the source of the power to provide interim relief and temporary injunctions. Order 39 Rule 1 CPC, says that – ‘Wherein any suit, it is proved by affidavit or otherwise (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree; or (b) that the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding the creditors; (c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit; the court may grant an order of temporary injunction to restrain such acts….’ EX PARTE ORDERS What are interim and exparte orders under Indian Law?Source: LegalVidhya

What are interim and exparte orders under Indian Law?

What are interim and exparte orders under Indian Law? INTERIM ORDERS Interim orders are an essential part of…
Maintenance amount- How courts calculate the maintenance amount

Maintenance amount- How courts calculate the maintenance amount

Maintenance amount- How courts calculate the maintenance amount Maintenance is the amount payable by the husband to his…
Can complaint filed by the complainant amended or changed at later stage?

Can complaint filed by the complainant amended or changed at later stage?

Can complaint filed by the complainant amended or changed at later stage? CrPC Does Not Bar Amendment Of…
Till when Daughters can claim maintenance from father?

Till when Daughters can claim maintenance from father?

Till when Daughters can claim maintenance from father? Unmarried Hindu Daughter Can Claim Maintenance From Father Until She…
What is conjugal rights petition filed by Husband

What is conjugal rights petition filed by Husband

What is conjugal rights petition filed by Husband Conjugal rights are rights created by marriage, i.e. right of…
What are Arnesh Kumar Guidelines?

What are Arnesh Kumar Guidelines?

What are Arnesh Kumar Guidelines? In Arnesh Kumar (supra), the Supreme Court had issued the following directions to…
Can call recordings be used as evidence in court of law?

Can call recordings be used as evidence in court of law?

Can call recordings be used as evidence in court of law? The Hon’ble Supreme Court in K.K. Velusamy…