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Child Custody Case: High Court of Jammu & Kashmir and Ladakh Supports Mother's Right to Custody Despite Financial Disparity In a recent landmark judgment, the High Court of Jammu & Kashmir and Ladakh made a crucial observation regarding child custody cases. The Court emphasized that financial affluence of the father should not be the sole determining factor in awarding custody of the child. It held that a mother's financial limitations should not render her unfit for custody, particularly when she has been the primary caregiver and provides emotional support and stability to the child. Key Highlights of the Judgment: Father’s Financial Superiority Not the Deciding Factor: The Court stated that financial superiority alone cannot outweigh the other critical factors like emotional bonding and continuity of care. The welfare of the child, as per the Guardian and Wards Act of 1890, involves more than just physical well-being—it includes emotional and moral welfare. Mother...

Understanding the Protection of Women from Domestic Violence Act, 2005 – Legal Insights from Karkardooma Court, Delhi Advocate Devashish Maharishi Practicing Family & Divorce Lawyer, Karkardooma Court, Delhi The Purpose and Scope of the DV Act The DV Act was enacted to simplify both procedural and substantive protections for women facing domestic violence. It aims to secure the rights guaranteed under the Constitution by ensuring that women are not subjected to abuse — be it physical, emotional, sexual, verbal, or economic — within the domestic sphere. 📌 Key Objective: “To provide effective protection of the rights of women who are victims of violence occurring within the family.” 🔹 Judicial Support for the Act’s Intent The Supreme Court, in Indra Sarma v. V.K.V. Sarma [(2013) 15 SCC 755], emphasized that the DV Act offers civil remedies to protect women from abusive relationships and aims to prevent the occurrence of domestic violence in society. Similarly, the Madras High Cour...

Cause Title- ABC v. The State of Bihar & Anr. (Case Number: CRIMINAL REVISION No.657 of 2022) Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi 📞 Need Legal Help? If you're facing domestic abuse or going through a complex matrimonial dispute, I’m here to help. I offer consultations for: ✅ Mutual or contested divorce ✅ Domestic violence protection ✅ Interim maintenance and custody ✅ Transfer petitions and NRI divorce matters 📍 Office: 137, J-Extension, Laxmi Nagar, Delhi, 110092 📞 Contact: 8595722509

Holding that a counter-claim under Order VIII Rule 6-A CPC can be filed only against the plaintiff, the Supreme Court set aside the Calcutta High Court's decision that allowed one defendant to file a counter-claim against a co-defendant. A bench of Justice PS Narasimha and Justice Joymalya Bagchi ruled in favor of the plaintiff, who appealed against the High Court's decision to allow filing of counter-claim between co-defendants, stressing that filing of counter-claim between co-defendant is impermissible.  Cause Title: RAJUL MANOJ SHAH ALIAS RAJESHWARI RASIKLAL SHETH VERSUS KIRANBHAI SHAKRABHAI PATEL & ANR. Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi 📞 Need Legal Help? If you're facing domestic abuse or going through a complex matrimonial dispute, I’m here to help. I offer consultations for: ✅ Mutual or contested divorce ✅ Domestic violence protection ✅ Interim maintenance and custody ✅ Transfer petitions and NRI divorce matters ...

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi The Delhi High Court has ruled that a court may draw adverse inference against a wife seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC) if she fails to submit her latest salary slips or financial records, particularly when claiming financial hardship or insufficient income. A revision petition was filed by a woman against the denial of maintenance by a Family Court. A Bench of Justice Dr. Swarana Kanta Sharma held, “As the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain herself – has no...

The Supreme Court reiterated that a sale deed executed without the payment of consideration is not a valid “sale” under Section 54 of the Transfer of Property Act, 1882 (“TPA”). Such a deed is void and non-use. Reference was drawn from the case of Kewal Krishnan v. Rajesh Kumar and Others, (2022) 18 SCC 489, where it was also held that the payment of price is an essential part of a sale. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law, the court said in Kewal Krishnan. Best Civil case lawyer Best lawyer for transfer petition Best criminal case lawyer Best lawyer for bail Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court DelhiBest divorce lawyer B...