Section 498-A of Indian Penal Code was introduced with the aim of criminalising cruelty against women by their husband and his relatives, ensuring protection and justice for victims of domestic violence. However, an alarming trend has emerged where the provision is being misused by some women to settle personal scores with their husbands and relatives. This has led to a...
What is included in cruelty under Divorce Laws Repetitive abuse or inhumane treatment constitutes cruelty or domestic violence. It can cause emotional harm through repeated intimidation, violent language, verbal abuse, or threats of harm. Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses do not come in the ambit of cruelty because...
DIVORCE can be a deeply challenging and emotionally charged process. Understanding how to negotiate a fair divorce settlement, both inside and outside the court, is crucial for ensuring a just outcome for all involved. This article explores the mechanisms and considerations of divorce settlements, bolstered by recent judicial rulings and practical advice. The grounds for divorce under Section 13 of...
In the matter of Amardeep Singh vs. Harveen Kaur the question which arose for consideration before the Hon’ble Supreme Court of India in this appeal was whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for filing of second motion for passing of Decree of divorce on the basis of mutual consent...
Supreme Court of India Date of Judgement: 04.08.2016 Grant of a decree of divorce by mutual consent by waiving the six month statutory period of waiting. Facts of the case :- Parties living separately for more than five years-Husband want to go USA and wife also has to think about her future-Decree of divorce granted by the Hon’ble Supreme Court...
Supreme Court of India Date of Judgement: 18.04.2011 The language employed in Section 13B(2) of the Hindu Marriage Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met: The second motion by both the parties...
Advocate Amaresh Singh is a highly qualified legal professional, having obtained his law degree from University of Allahabad, in the year 1999.
Advocate Amaresh Singh is a practicing lawyer at Supreme Court of India, Delhi High Court, National Company Law Tribunal (NCLT), National Consumer Forum, Custom Excise Goods and Service Tax Appellate Tribunal and District Courts of Delhi including Saket Court, Tis Hazari Court, Patiala House Court, Karkardooma Court, Dwarka Court in the field of Cheque Bounce, Corporate Law, Insolvency and Bankruptcy Cases, Commercial Disputes, Recovery of Dues, Debt Recovery Cases, Arbitration Matters, Cases Related to Tender, Cases Related to Import & Export, Cases Related to Trademark Copyright and Patent, Cases Related to FERA and Foreign Exchange Managment Act (FEMA), Cases Related to Prevention of Money Laundering Act, Service Employment & Labour Law.
Advocate Amaresh Singh has a work experience of 25 years.