November, 2017 | KLE Law College

November 27, 2017

Know About Alimony Laws in India?

As painful and stressful as it is to go through a divorce, it is as much important to know the rights that revolve round such an unwanted situation. Particularly in the modern times, when divorces are becoming so common, you need to know about the alimony terms and conditions irrespective of if you are a husband or a wife.

Alimony is derived from the latin word ‘alimonia’ meaning sustenance. India is a land of different religions and hence they also have their own religious customs, traditions and scriptures. The majority population in India being the Hindus, here we shall talk about the Hindu divorce law around alimony. As per the Hindu marriage act of 1955, both husband and wife are eligible to get permanent alimony but if the marriage has been undertaken as per Special Marriage act of 1954, only the wife is eligible to get a maintenance or alimony.

The alimony can be decided by the couple in case where divorce happens under mutual consent. While in case of contesting matters the court takes centre stage and works out the alimony or maintenance. There is no limitation of getting an alimony only if decree is obtained. Even if decree is not obtained by the wife, the court can order the husband to pay the wife an alimony. Though, there is a possibility of no alimony or maintenance as well depending upon the circumstances.

The points that the courts takes into consideration while granting alimony includes the income, assets as well as lifestyle of the husband. Income and financial status take the front seat while taking a decision on the amount of maintenance to be given. Here are some of the factors that lead the way to the decision of the alimony.

The first and foremost point is to check whether the claims of alimony are reasonable enough. The claims that are not reasonable enough cannot be considered by the court. When the wife is taking care of the child, the requirements of the child are also considered and so is the financial condition of the husband and even the duration of the marriage.

Even the financial condition of the wife is taken into account and if the wife is working and earning well then besides his income even her income is considered while deciding on the maintenance.

Further, if the wife remarries, the husband does not have to pay any further alimony to the wife, though he would have to pay for the children staying with the wife. Also, if the future for some reasons the husband is not able to pay the wife, while the wife is doing well financially, the husband can put a petition to the court to ask for changed circumstances. Even if the husband gets rich and his financial condition improves drastically, the wife can file a plea to the court for revision of the alimony.

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*Source from the internet

November 20, 2017

Triple Talaq – Yesterday and Today

Recently, there have been many cases related Triple Talaq law in India, many of which have also been the talk of the town due to the media spotlight provided to some of them. As we all know that Islam is one of the oldest religions of the world and majority of the world population follows Islam after Christianity. The laws around kinship, succession, marriage or divorce are all prescribed under the Holy book of Muslims, the Kuran as well as the various volumes of Hadees. Though, the laws mentioned in the book is misinterpreted by many Muslim scholars today and hence has become a topic of criticism mainly due to the custom of polygamy and Triple Talaq. Even though, the holy book has clearly mentioned that Talaq or divorce should be avoided until and unless it is impossible to stay in the bond of marriage or take it forward. The mean of Talaq is dismissal. But, literally it means setting free, or breaking ties or restraint or letting loose. In the law of Sharia, it means freedom from bondage of marriage only and not any other bondage. Well., legally it means marriage dissolution using appropriate words as per the Islamic law. In Islam there talaq has two forms –

1. Talaq-ul-Sunnat
a. Talaq – ul – Ahsan
The is by far the most relevant form of dissolution of marriage because there is a waiting period called Iddat that is provided to the couple wherein they can revoke the announcement within the expiry date and the word Talaq being considered an evil one has to be uttered only once.

b. Talaq – ul- Hasan
This procedure of dissolution of marriage is done as per the holy Quran and Hadees laid down by Prophet Mohammad. As per this mode, the couple can revoke marriage before the end of three Tuhrs, viz time period between two menstrual cycles. The man has to pronounce the word Talaq at the end of every Tuhr and hence, they do get time for revoking their decision.

2. Talaq – ul – Biddat
The holy Quran and Prophet Mohammad have hold marriage as a sacred union and the parties have to undergo reconciliation before divorce. Apparently, as per the holy book and Prophet Mohammad one of three things important for happiness is a righteous wife and also that the bond of marriage and that the bond with wife should be kept intact. While Biddat means innovation, Prophet Mohammad has also said that innovation that is not in agreement of Islam or holly Quran is not permissible. However, the worst part of Talaq-ul-biddat is that it allows a person to dissolve his marriage just by uttering the word Talaq three times. This is also against the Holy Quran statement which says that Men would have to wait till Iddat or period of waiting was completed hence not approve worthy. Well, Talaq-ul-Biddat came into existence during the reign of Caliph Umar in the second century of Islamic Era. He enforce the Triple Talaq mode that too in order to avoid hassles as it was the need of those times. The practice of it had started as a form of convenience by the Arabs who were on the world conquering spree during the era of Caliph Umar. After conquering parts of the Gulf, the Arabs would bring along male and female slaves to Mecca and Madina. The females were very attractive and the Arabs wanted to marry them but the law did not allow irreconcilable divorce. Hence, in order to satisfy their own wants the law of triple alaq at one go was enforced so that they could remarry. This law is said to come into practice from these times.
Recently there was a historic hearing for around six petitions as well as a suo motto PIL that challenged the validity of nikahhalala as well as triple Talaq in Muslims. The Supreme court state during the hearing that it would primarily find out whether the practice was Islam fundamental. If it is then, they would not interfere there. Secondly, if triple Talaq was sacramental and can be enforced as a fundamental right was the other aspect which they would look into.

They also stated that the law was not on any side. It was meant for the equality of the genders as they were on the side of gender justice and women equality. As they believed that Triple Talaq was definitely against the dignity of women, irrespective of religion, they would include triple Talaq in the gender justice issue.

*Source from the Internet

November 6, 2017October 17, 2018

5 Employee Rights You Should Know

Ask some of the greatest entrepreneurs of today or some of the biggest brands of the world about employees and they all would have one unanimous voice that employees are their biggest assets. It is a fact that people power drives a brand northward. At present many companies offer their employees different benefits and incentives when it comes to employee care. Having said that, there are firms who might not be as concerned about employee rights and might not even follow the rules and regulation around employee hiring, retention, termination or more. But, not all of us are aware of our rights. So, let us take a quick glance through five of the most important rights an employee should be aware off.

1. Minimum Wages Act – All of us might just not be aware of the minimum wages act that is applicable to employees of different categories in India including unskilled and skilled ones and varies across the country. The wage deciding factors are region, type of work, working hours, cost of living and the employer capacity to pay. You can get detailed information by checking the employee wages act.

2. Sexual Harassment Protection – We are not new to sexual harassment cases that have time and again become topics of discussion. For those who are not aware, there is already a sexual harassment act in place for women for prevention, prohibition and redressal brought into effect since 2013. It is a punishable offense and carries imprisonment of upto 3 year and might include fine too. The offenses listed under it include Passing Sexual comments, showing porn, demanding sexual favors, physical advances or contact and other verbal, non verbal or physical and unwelcome conduct or sexual nature.

3. Public Holiday List – The government of India has declared Independence Day, Republic Day and Gandhi Jayanti as the mandatory three national holidays. For any working on this day, prior permission from authorities needs to be taken. The employer needs to provide a compensatory leave or double wages to the employee if made to work on these days.

4. Pregnancy & Parental Leave

5. Probation rights – The probation period for an employee is kept as 6 months. It could be extended to 3 months more as well but cannot extend more than 2 years. Employers can terminate the employee if the work is found unsatisfactory. In cases otherwise the employee has the right to request an enquiry into the matter of termination.

There are many more laws for employees and its always advisable that you are aware of all of them, so that when the need be you know what your rights are and can use them to the optimum.

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November 2, 2017

Search and Siezures Law in India – Police Powers

While it is the duty of the police to ensure law and order in the society, we all have heard of instances where police have crossed their lines and invaded our human rights. But, many of us due to ignorance are not able to take suitable measures to use our rights when the time comes. So, here is a brief overview about police powers related to search and seizures in India.

Police Interrogation – While there is no law where you can skip police interrogation when normally fit and stopped for one, its only good for you to answer them like a lawful citizen. If you do not cooperate with interrogation they do have the powers to arrest you.

Eg. You are driving on the road in the wee hours of the night and the police stop you. They might want to check your car for any illegal weapons or if its a dry area for unauthorized alcohol. At such a point you need to stop and cooperate further.

Search – Usually a search warrant is required as per the 1973 Criminal Procedure Code of India when it comes to searching your house or offices, but if there is no time to attain the warrant and an immediate search is important they can do so. But, the search has to be carried out in presence of the owners and the seized items if any need to be listed. Two witnesses have to be present alongside as well. Police can carry out a search in your house or office without a warrant if they suspect that you have been hiding a criminal of stuff that is considered unlawful like drugs , etc. As for shared house, in case you are not present, shared areas can be searched by police without warrant but not your private stuff. Police can also search without permission a towed or seized car.

So, it’s advisable for you to cooperate with them and be aware of the law. Having said that if you find any misbehavior or unnecessary harassment from the police, you might as well file your complaint with the human rights commission.

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