Court martial appeal in India lies before the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007 against an order, decision, finding or sentence passed by a court martial. The Tribunal may interfere where the finding is legally unsustainable, involves a wrong decision on a question of law, or where material...
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Monetary relief under Domestic Violence Act, 2005 is a financial remedy that may be granted by the Magistrate to meet expenses and losses suffered by an aggrieved woman and her child because of domestic violence. Under Section 20, monetary relief may include loss of earnings, medical expenses, loss caused by damage or removal of property,...
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Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on...
Read MoreInterim Maintenance under Section 24 of the Hindu Marriage Act, 1955 allows either the wife or the husband to seek maintenance pendente lite and expenses of proceedings during the pendency of matrimonial litigation. The provision is gender-neutral. The court may grant interim maintenance where the applicant has no independent income sufficient for their support and...
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Rajnesh v. Neha, Criminal Appeal No. 730 of 2020, decided by the Supreme Court of India on 4 November 2020 and reported as (2021) 2 SCC 324, is a landmark judgment on maintenance in matrimonial disputes. The Supreme Court framed nationwide guidelines on financial disclosure, overlapping maintenance proceedings, interim maintenance, criteria for determining quantum, date...
Read MoreDisability pension for Armed Forces personnel in India is payable where a disability is assessed as attributable to or aggravated by military service and satisfies the applicable pension regulations, entitlement rules and medical-board standards. The Armed Forces Tribunal is the principal forum for challenging denial of disability pension, rejection of attributability/aggravation, incorrect percentage assessment, denial...
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Father’s Rights in Child Custody A father can claim custody, visitation, shared parenting, school access, medical information and meaningful contact with his child in India. However, the father does not have an automatic right to custody merely because he is the natural guardian under personal law. Indian courts decide custody and visitation on the basis...
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Visitation rights in India allow a parent who does not have physical custody of the child to meet, communicate with, and maintain a meaningful relationship with the child. Indian courts decide visitation rights on the basis of the welfare and best interests of the child, not merely on the claims of the mother or father....
Read MoreIn India, child custody is decided not on the superiority of the mother, father, or any relative, but on the welfare and best interest of the child. Courts examine the child’s age, education, emotional security, health, stability, parental conduct, financial capacity, moral environment, and, where the child is mature enough, the child’s preference. The law...
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NFU for Armed Forces: The Ongoing Supreme Court Case, Legal Issues and Why it matters The ongoing NFU case for Armed Forces officers concerns whether commissioned officers of the Army, Navy and Air Force should receive Non-Functional Upgradation, a financial upgradation benefit already available to several civilian Group ‘A’ services and CAPFs. In December 2016,...
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