Latest news with #Section125
Time of India
13-07-2025
- Time of India
4 hurt in building collapse at Telangana's Anurag University
HYDERABAD: Four construction workers were injured after a portion of an under-construction building at Anurag University in Pocharam collapsed on Saturday morning. The incident occurred during slab work on the 10th floor of a 10-storey structure on the campus in Majarguda under Pocharam IT Corridor police station limits. "Part of the slab gave way and the workers fell to the floor below. Fortunately, they escaped with injuries," said Pocharam police inspector B Raju. The injured workers - Om Prakash and Raju Yadav from Chhattisgarh, and Raju and Keshavulu from Mahbubabad - were rushed to a nearby hospital and are reported to be out of danger. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad Based on a complaint from injured persons, police filed a case under Section 125(a) (causing hurt by an act endangering life or personal safety of others) against contractor. No arrests have been made so far.
Mint
14-06-2025
- Mint
‘Everything has been destroyed': Rajasthan man serves tea wearing handcuffs in protest against dowry case
In an unbelievable incident, a Rajasthan man adopted a unique way to protest against a dowry case by opening a tea stall in front of his in-laws' locality in Anta town and serving tea wearing handcuffs, reported India Today. Tea stall owner Krishna Kumar Dhakad's shop name is also unique '498A T Caf', referencing to Section 498A under which his wife had filed a dowry harassment case against him. Posters around Dhakad's tea shop carry slogans like 'Jab tak nahi milta nyay, tab tak ubalti rahegi chai' (Until I get justice, the tea will keep boiling) and 'Aao chai par karein charcha, 125 mein kitna dena padega kharcha'. Dhakad married Meenakshi Malav in 2018. Together, they operated a beekeeping business. In 2022, Malav allegedly left home without warning and returned to her parents' house. After few months, Malav filed cases against Dhakad under IPC Section 498A (dowry harassment) and Section 125 (maintenance). 'Everything has been destroyed because of a false case. For the last three years, I've been wandering from court to court in Anta for justice. I have an old mother who depends on me. I live under a tin shed and have nothing left. Many times I thought of ending my life, but then I remembered I am my mother's only support,' Dhakad told India Today 's sister channel Aaj Tak. He also said: 'I have decided that I will fight this legal battle impartially by selling tea in the very area where I was trapped by misuse of the law.' 'Every time I go to court, all I get is tareekh pe tareekh (adjournment after adjournment). Justice seems nowhere in sight. Now I am tired and have decided to fight this legal war by running a tea stall in Anta,' Dhakad added. According to the media report, Malav alleged, 'He asked for money from my father to buy land. When we refused, he beat me up. I then returned to my father's house. I'm ready for a divorce, but first, all the loans taken in my name must be repaid.'
Time of India
30-05-2025
- Time of India
Woman dies after brick falls on her head from a three-storey building
Kochi: A 33-year-old woman who was undergoing treatment at a hospital after a brick fell on her head, succumbed to her injuries on Friday. Police identified the deceased as Arya of Moothakunnam. She was waiting at a bus stop in Munambam with her six-year-old daughter when the mishap occurred on Wednesday. The brick fell from a three-storey building under construction. Police suspect that the brick kept on a tarpaulin sheet to prevent it from getting blown away fell on the woman. Her daughter sustained minor injuries in the incident. Munambam police registered a case under Section 125 of Bharatiya Nyaya Sanhita for acts endangering the life or personal safety of others. Youth killed in accident: A 22-year-old man was killed after his two-wheeler collided with an ambulance at Kannankulangara at 11.45pm on Thursday. Police identified the deceased as Blesson Samson Abraham, a resident of Nadama, near Tripunithura. He sustained serious head injuries and his life could not be saved despite being rushed to a private hospital in Tripunithura, police said. Hill Palace police registered a case in the incident. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like ¡Trading con IA en Chile ayuda a usuarios a obtener ganancias potenciales! Mainhubfb Más información Undo The ambulance was transporting a patient from the Vaikom side to a hospital in Tripunithura. Migrant worker's body found: Fire and rescue personnel retrieved the body of a migrant worker's body from a river near Munambam harbour on Friday. The deceased was identified as 38-year-old Ramakrishna Biswas. The officers said that their Ernakulam control room on Friday morning received an alert that a migrant worker allegedly jumped into the river from a boat. The team later found his body during a search near a fuel pump in the Munambam harbor area.
Mint
28-05-2025
- General
- Mint
The split-up: How to protect your assets before and after marriage
When marriages end in divorce, it can get quite ugly, especially when it comes to dividing property and assets. The courts award both interim maintenance and final settlement amounts, even in the case of mutual divorce. These can impose a heavy burden upon one of the spouses. According to lawyers that Mint spoke to, several solutions are available. While none of them is foolproof, each can reduce the risk in litigation. Why you should protect your assets Marriage is generally entered into with the thought of living 'happily ever after' and few imagine that things will go sour. However, a certain percentage of marriages fail every year. There are no defined laws on the division of assets and court judgments can vary hugely according to the view taken by the judge overseeing the case. One spouse does not automatically get 50% of the assets and property. The courts aim to maintain the same standard of living for both spouses after separation, which could mean the spouse who brought a large number of assets into the marriage may suddenly find himself or herself compelled to pay a large sum as maintenance or final settlement. Also Read | Can divorce impact your credit score adversely? We explain here In the absence of defined laws, divorce cases can drag on for several years. A family lawyer, on condition of anonymity, told Mint it is a common practice to file interim maintenance applications under the Hindu Marriage Act, Domestic Violence Act and Section 125 of the Code of Criminal Procedure (now replaced by the Bharatiya Nagrik Suraksha Sanhita or BNSS). Once interim maintenance is granted, it can take five to seven years for a final decree. Prenuptial agreements In the case of marriages under the Hindu Marriage Act, the courts do not generally recognize prenuptial agreements. These are considered as opposed to public policy and hence void under the Indian Contract Act, 1872. "The law views Hindu marriage as a sacrament and not a contract. In the past, courts have taken a view that prenuptial agreements can be considered as promoting separation or divorce and are hence against public policy," said Varun Sriram, a partner at J Sagar Associates. Moreover, conditions in a prenuptial agreement that deny a spouse alimony or maintenance will be considered invalid because it overrides their statutory rights. However, the chances of recognition of prenups, or at least their persuasive value, are higher in the case of Muslims, Christians and Parsis, who are governed by different laws that recognize the contractual element in marriage. 'If you look at the Nikah namah under Muslim law or the Indian Divorce Act for Christians, there are some differences compared to the Hindu Marriage Act. Nikah namah, an Islamic marriage contract, can have certain terms and conditions of marriage, which can be considered in the nature of a prenup," Sriram said. Similarly, an ante-nuptial contract is explicitly recognised in the Divorce Act, 1869, which applies to Christians, said Ankur Borwankar, founder of Prenup India, a platform to create prenuptial agreements online with legal experts. The Portuguese Civil Code, 1867, which applies to persons domiciled in Goa, also recognizes ante-nuptial agreements. Prenups have a higher chance of recognition for Hindus marrying under the Special Marriage Act (SMA). 'Where parties are married under the Special Marriage Act, prenups in a relative sense may have more value since they wouldn't be considered violative of any personal law, otherwise applicable," said Sriram of JSA. A couple keen on entering a prenuptial agreement can consider registering their marriage under the SMA. This doesn't prevent them from having a separate wedding ceremony as per their customs. However, it should be noted that in such cases, succession laws will apply as per the Indian Succession Act. The personal laws of the spouses, regardless of their religion, will not determine inheritance. Sriram of JSA said in the recent past, family courts have looked at prenups more liberally to understand the context and intentions of the parties, which have helped them to avoid long-drawn contests and effectively conclude such matters. One such case is the Commissioner of Income Tax v Mansukhrai More (1988). The Calcutta High Court had to decide whether a trust created by the assessee for his children was for adequate consideration or not for income tax purposes. Also Read | Why is it essential to update child insurance policies after a divorce? Here are 6 key reasons The court held that the assessee was bound to create the trust under a prenuptial contract with his wife's mother and hence not liable for the additional assessed income. Thus, the court indirectly accorded recognition to prenuptial agreements. According to Sriram, under certain circumstances, it may be good for couples to consider and enter into prenuptial agreements to provide for and preempt certain aspects and protect their assets, especially related to pre-marriage assets and other inheritances. 'These agreements can be executed with nominal stamp duty and credible witnesses. Notarization, video recording, or registration are additional options if required," said Sriram. How can a trust help Forming a private trust before a marriage can help in separating and protecting pre-marital assets, including inherited property, from potential matrimonial disputes and division of assets in divorce proceedings. Dhanashree Datar, a legal advisor at LegaLogic, said under Indian matrimonial laws, assets acquired before marriage generally remain separate property, but complications arise when such assets are used for family purposes during the marriage. 'Such assets often commingle with marital property. A pre-marital trust creates a distinct legal entity that holds title to the settlor's (in this case the spouse who is creating the trust) assets, ensuring clear demarcation between pre-marital wealth and assets acquired during marriage. This structure provides protection against claims under Section 27 of the Hindu Marriage Act or similar provisions in other personal laws, as trust assets remain legally separate from the spouse's personal estate," she said. Also Read | Do NRI marriages abroad impact succession rights in India? Sriram said while a trust is an option, it could have limitations. 'In settlement of immovable property, the restriction is that stamp duty remissions wouldn't apply even if the beneficiaries are related," said Sriram of JSA. Postnuptial agreements Can a postnuptial agreement be upheld in court? According to legal experts, they are not treated differently from prenup agreements. More importantly, when a marriage has already turned sour and the matter has reached the court already, any attempt to 'dispose of' or move assets into a separate entity can be regarded by the court as a deliberate attempt to frustrate alimony or divorce-related judgments about money. This includes creating a trust and transferring assets to parents or siblings. However, there are three assets that cannot be attached by the courts even if there is an adverse judgment against you. These are the balances in your Employees Provident Fund, Public Provident Fund and National Pension System. Another solution is to sign a postnuptial memorandum of understanding on how assets will be divided in the event of a divorce. While this, too, may not be enforced by the court, it can have persuasive value, according to Borwankar.
India Today
29-04-2025
- India Today
Sharia courts have no legal standing: Top court slams Kazi ruling in divorce case
The Supreme Court, in a recent ruling, reaffirmed that all Sharia courts, including entities referred to as "Kazi courts", "Darul Qaza", or "Kaziayat courts", hold no legal status under Indian law and directives or decisions issued by these bodies are not binding, nor can they be enforced through legal bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made the observations while ruling on an appeal by a Muslim woman who had challenged an order by the Allahabad High Court upholding a family court's decision to deny her Suprem Court cited the 2014 ruling in Vishwa Lochan Madan vs Union of India, which had clarified that neither Sharia courts nor their fatwas enjoy recognition in Indian law. The top court reiterated that such institutions have no judicial standing and their pronouncements are not enforceable unless voluntarily accepted by the concerned parties and not in conflict with statutory law. In the current case, the family court had denied maintenance to the petitioner on the ground that she was responsible for the marital discord. Its conclusion relied heavily on a "settlement deed" presented before a "Kazi court" in Bhopal in Madhya Supreme Court strongly criticised this approach, stating that courts cannot rely on the declarations of non-judicial bodies like Sharia courts to determine legal entitlements. "Such declarations, even if voluntarily accepted, are at best applicable between the consenting parties and cannot bind third parties," the judgment petitioner was married on September 24, 2002 as per to Islamic rituals. It was the second marriage for both parties. In 2005, the husband had filed for divorce before a "Kazi court", which was dismissed after a settlement. Three years later, in 2008, he initiated a second divorce proceeding in a "Darul Qaza" court. That same year, the wife filed a petition for maintenance under Section 125 of the Criminal Procedure 2009, after the Sharia body permitted the divorce, a formal talaqnama was family court, however, ruled against the woman, stating that the husband had not abandoned her, instead, it blamed her behaviour for the breakdown of the marriage. The court further held that since it was the couple's second marriage, there was no presumption of dowry demand — a reasoning the Supreme Court dismissed as speculative and inconsistent with legal principles."The family court's observation that there was no likelihood of dowry demand because it was a second marriage is baseless and contrary to legal reasoning," the Supreme Court held. It also clarified that the so-called settlement deed presented before the Kazi court could not be the basis for denying top court directed the husband to pay Rs 4,000 per month as maintenance to the petitioner from the date she filed her petition in the family court.
