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April 2018

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What Are the Child Custody Rights in Divorce Cases?

April 20, 2018

The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife, use child custody as a medium to establish the guilt and fault of the other party.

In India, Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.

Generally, the court has the power to grant the following:

(a) Permanent Custody

(b) Interim Custody

(c) Visitation Rights

(a) Permanent Custody

The court awards permanent custody after determination of all aspects of the case. Usually, prime criteria is the “welfare of the child.”

While deciding the ‘welfare of the child’, the court mainly considers following factors:

i. The qualification of both father and mother.

ii. Family background of the both father and mother, which includes their financial and academic qualifications

iii. Child’s wishes

iv. Conduct of the parties

v. Overall development of the child.

(b) Interim Custody

The court awards interim custody during the pendency of the case keeping in mind the overall development of the child. While granting interim custody, the court tries to maintain balance between the husband and the wife and also remains cautious that the child is not treated as a shuttlecock between the estranged spouses.

The court also imposes certain conditions for the welfare of the child like not leaving the country without informing the court, to protect the interest of another party.

(c) Visitation Rights

The Court grants visitation rights at two stages, at the stage of the trial, and after the determination of the dispute (divorce in most of the cases). Once one of the spouses gets the permanent custody, other spouse has a right to meet the child once a week or as directed by the Court. The object of the court is to maintain the emotional bond between the child and parents.

Conclusion

In matrimonial proceedings, the court has to decide the question of custody of children during the pendency of the proceedings and after the passing of a decree. The court can revoke, suspend or vary, any such order made earlier on the change of circumstances. While adjudicating upon the custody of a child, the court has to keep in mind the welfare of a child. Though court considers other factors as well, however, welfare of the child is of utmost consideration. Usually, in female child custody cases, the courts give custody to the mother as at the age of puberty, girl child needs the mother’s care. Thus, over and above, welfare of the child is the influential factor while deciding the custodial rights.

Article Source: http://EzineArticles.com/9793437

Criminal Law

What Are the Different Types of Criminal Law Cases?

April 13, 2018

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.