Q&A
We have curated some of the recently received Queries into Q&A to provide easy access to viable legal solutions for your queries.
What documents are required to make & send legal notice?
In India legal notice is considered to be the first step involved in legal proceedings. Format of Legal Notice. Name and address of the sender. Mention the subject of the notice. Cause of action Description The relief claimed by the sender Legal reasoning for...
Who is at fault if someone hits the car from the back because the car in front applied brakes suddenly?
Every country has its traffic rules which guide its citizens to maintain an Adequate Distance from the vehicle ahead of you to avoid the collision if that vehicle suddenly slows down or stops. Generally, Most of the times the rear driver is at fault. According to ...
In a road accident, is there a way to identify who is at fault when both drivers blame each other for an accident? How does this matter sort in the eye of law?
In general, insurance companies determine fault, based on the legal definition of negligence in the state. A driver is considered to be negligent when he or she fails to exercise the amount of caution a reasonable person would under the same circumstances. When both...
If two cars are in a road accident. And we don’t know which driver is at fault. Both parties are safe but there is more damage to one car. Can that car owner demand the cost of damage from the other party?
If there are two cars involved in a road accident and it is not clear which driver is at fault, in this situation, it is a liability of the insurance company to determine whose fault was it. And, yes! The car owner can demand compensation or damage caused to him from...
What is the difference between Judicial Separation and Divorce as per Indian law?
Judicial Separation- Judicial separation is defined under section 10 of the HMA, 1955. Judicial separation is kind of a legal break up by court which later may convert into a patch up. The objective of the court to give judicial separation to the aggrieved party is...
How are legal procedures happening in India during pandemic Covid19?
1. A three-judge bench comprising Chief Justice S A Bobde, Justice L. Nageswara Rao and Justice Surya Kant, by exercising its power granted under Article 142 read with Article 141 of the Constitution of India has extended the period of limitation for filing appeals,...
My divorce case is going on for 6 years. My wife is living with another man. Would the charges under Adultery apply to her?
Yes! In a recent judgment of Jan 2021, "the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later." It is well established under Hindu Marriage...
My husband is having an affair. I have secretly recorded his phone calls. Can I use this as evidence in court while filing for the divorce?
Yes! Section 65 B of the Indian Evidence Act, specifically deals with the admissibility of electronic records e.g. tape-recorded, phone audio or in any other form. In K. Velusamy vs. N. Palanisamy- The SC held that telephonic conversation recording or a recording in...
I had a question regarding the consequences after divorce my father decided to take divorce with my mother as of now whatever the property we have me and my brother shares them equally If they take divorce.
Right to inheritance arises by birth. The rights of children in the property of their father remain unaffected even after divorce. But the father is at liberty to make a will ousting them. If he dies intestate, i.e.without a will, they will have right to inherit the...