This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
Introduction
Commitment is the soul of a matrimonial bond. In a diversity of religions, marriage has always been given a pious position. To dishonor the relationship of a marriage, by being involved in an affair outside the marriage would not only be religiously wrong but morally as well. However, our concern in this article is limited to the legal remedies available to a spouse, if his or her wife or husband is having an extramarital affair.
In such a situation, preparation and collection of evidence before you take any step is very important, as the burden of proof will fall upon you. Moreover, if you fail to prove your case, you may find yourself in more trouble than you already were. For example, a divorce case claiming cruelty may be filed against you by your spouse. In case the spouse is wife, the husband may find himself embroiled in a number of false criminal cases for dowry and domestic violence. The person with whom you alleged the affair is happening or adultery has been committed may file a defamation case against you.
This article on pedophilia is written by Dhruv Shekhar, from Jindal Global Law School, having studied History before at St. Stephens College. Intrinsically passionate about the films, books and football, he seeks to examine and study his interests within the ambit of the legalities concerned with the said subject matter.
This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
Introduction
In the course of their employment, your employees may be required to, with the help of your resources, perform tasks by creating intellectual property for you. They may also come to know of the intellectual property your organisation has created and is already using, which may include codes, business plan, algorithms etc. Assuming that the ownership rights of intellectual property created by the employee rests with you, or what they learn about your business over which your have intellectual property rights is safe without a proper agreement enforceable by law, can cost you heftily.
In this blog post, Brijesh Bhatt, pursuing M.A. in business law from NUJS, Kolkata, discusses the procedure of recovery of money from debts under the Recovery of Debts Due to Banks and Financial Institution Act, 1993.
This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
What is Animus
The Black’s Law Dictionary defines the term animus as ‘mind; intention; disposition; design; will’.
The maxim “actus reus non facit reum nisi mens sit rea”, translates as “an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offence”.[1]Mens rea (guilty mind) is a fundamental element required to make an act a crime. Therefore, in the context of a criminal case, animus of committing the crime and appreciating the outcome of it can be kept at par with mens rea.
This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
Introduction
An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action fit law.[1]
For example, if it so happens that a person is demolishing a building you have possible claims on, you may ask the competent court to order such person to not demolish the building until the trial for the claim of the building is complete and judgement goes in his favour.
The law of injunction has been provided for by the Specific Relief Act, 1963 (hereinafter, the Act), and is also regulated by the Code of Civil Procedure, 1908 in India.
This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
Introduction: What is a Power of Attorney
If for some reason a person is unable to execute a document himself, he may authorize a third party to execute such document on his behalf by mode of granting the said third party, Power of Attorney. It is regulated by the Power of Attorney Act, 1882 and other relevant laws in India.
This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi.
Introduction
You may need to add or delete the name of your spouse, and/or change your name in the passport owing to the change in your marital status. Below is a guide on how to change your marital status in your passport.
Step 2: The new passport is exchanged for the older one in case of the following scenarios:
Change in existing personal particulars
Validity expired within 3 years/ due to expire
Validity expired more than 3 years ago
Exhaustion of pages
Damaged passport
Lost passport
Therefore, in order to change the marital status in the passport of a candidate, you need to apply for re-issuance of a new passport. Select the ‘Apply for Fresh Passport/Re-issue of Passport’ option available at the ‘Applicant Home’ section after you have successfully logged in into your account. The option to reissue is available to and recommended for everyone whose case falls in the above mentioned category, if he or she had been issued a passport in past.
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Step 3: You can fill the form offline and upload it or fill it up online. In order to change the marital status you need to select the ‘Change in existing personal particulars’ option, available in the form and further specify the subcategory as ‘Spouse Name’. Refer to the images below:
Offline FormOnline Form
Step 4: Scroll down in case of the offline form or click ‘next’ in the case of online form. Thereafter, select your marital status and fill up the form accordingly. Complete all the steps and book an appointment at your preferred passport office. Visit the office on the allotted date and time along with the appointment confirmation page and the required documents.
Offline FormOnline Form
Documents Required
Below is the list of documents required to submitted at the passport office, if you have to change the marital status in your passport:
1. To Change Marital Status on Passport After Marriage
It requires addition of spouse’s name. In case of female candidates, it also requires changing of name because of addition of a new middle name or altogether a new surname. The documents required to be submitted are:
Document Code 8017: Old Passport in original with self attested photocopy of its first two and last pages, page of observation, ECR/non-ECR page. Along with this validity extension page, (if any), in case of short validity passport is also required.
An attested copy of Marriage Certificate issued by the municipality or any other equivalent affidavit with evidences like joint photo, marriage card, albums etc.
Document Code 8084 (Optional document): Photocopy of Husband’s passport, if any.
2. To Change Marital Status on Passport Following Divorce
If the spouse of an individual has expired or has been separated legally i.e. divorced, only then can he/she remove the name of the spouse. The below mentioned documents are to be submitted in case you and your spouse have divorced:
Document Code 8017: Old Passport in original with self attested photocopy of its first two and last pages, page of observation, ECR/non-ECR page. Along with this validity extension page, (if any), in case of short validity passport is also required.
Court certified copy of Divorce Decree or self attested copy of Divorce certificate.
3. To Change Marital Status on Passport After Remarriage
In case the candidate’s spouse dies or the candidate gets a divorce and later remarries, he/she needs to get the previous name deleted and the name of the new spouse added. In order to do so, the following documents must be presented:
Document Code 8017: Old Passport in original with self attested photocopy of its first two and last pages, page of observation, ECR/non-ECR page. Along with this validity extension page, (if any), in case of short validity passport is also required.
Document 8039: Death Certificate of First Marriage Spouse or Document 8039, Self attested copy of Divorce certificate.
Optionally, you can also present a self attested photocopy of the spouse’s Passport.
4. To Change Marital Status on Passport After Separation
If you have separated from your husband or wife but have not yet got a divorce, you can still get the name of the spouse deleted from your passport. The documents that are required are:
Document Code 8017: Old Passport in original with self attested photocopy of its first two and last pages, page of observation, ECR/non-ECR page. Along with this validity extension page, (if any), in case of short validity passport is also required.
Court certified copy of Decree of Separation.
5. To Change Marital Status on Passport After Death of Spouse
In case of the death of your spouse, the documents required to be submitted to change your marital status are:
Document Code 8017: Old Passport in original with self attested photocopy of its first two and last pages, page of observation, ECR/non-ECR page. Along with this validity extension page, (if any), in case of short validity passport is also required.
Death certificate of your spouse.
Other Documents to Keep With You When You Want to Make a Change in Your Passport
Along with the aforementioned documents, one should also carry the following documents:
Original and self attested copy of a valid id-proof.
Original and self attested copy of a valid proof of residence.
Three recent passport size photographs.
In case your employment falls under the ‘Government/PSU/Statutory Body’ type, Document Code-8173: No Objection Certificate(NOC) as per Annexure ‘G’ will also be required to be submitted, according to which:
No Objection Certificate issuing officer should attest the photograph of the applicant with his/her signature and rubber stamp in such a way that half the signature and stamp appear on the photograph and half on the certificate.
The officer authorized to issue NOC should sign with name and stamp and must provide contact details for verification by Passport Authority.
NOC will be valid for six months from date of issue.
Document Code-8174, Prior Intimation Letter (PI) (as per Annexure ‘H’): Declaration of Applicant’s Parent or Guardian, in case the passport is for a minor.
Document required to be submitted if you are eligible for theNon-ECR category.
Note: The documents written in italics are not mentioned to be submitted in the FAQs or ‘Document Advisor’ of the passportindia website. I advise you to keep the said documents handy to save yourself from any possible trouble.
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In this blog post, Pravesh Naveriya from RDVV, Jabalpur, talks about your legal option if someone trespass or encroaches upon your property.
What if you went out for a month and after coming back from your vacations you found that someone else is living in your house? Or you own a plot in the adjoining town and when you went to see your plot after a long time, you discover that a slum has been developed in your plot? Or you being an NRI have come to India after a long time and you realize that your flat has been occupied by someone else and he is refusing to leave? Then what should be done?
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