Skip to main content

Posts

Showing posts from July, 2020

Right of Hindu widow in husband's property

Can a live in partner / girlfriend inherit boyfriend's property ? NO. There's no statutory provision enabling a girlfriend to inherit property of her live in partner.  There are judicial rulings on granting palimony to a live in partner. These were granted so that middle aged woman with children who has been a live in partner for decades or so are not left cheated by men in the middle of their life or old age. This was with respect to domestic violence laws not inheritance laws.  There is a misguiding rumour being floated that Rhea Chakraborty is entitled to Sushant Singh's property as a live in partner. This is incorrect. The Apex court in a case held : " In our opinion not all live in relationships will amount to a relationship in the nature of marriag8e to get the benefit of the Act of 2005. To get such benefit the conditions mentioned by us above must be satisfied, and this has to be proved by evidence. If a man has a `keep' whom he maintains financially and us...

Marriage Registration in times of COVID

Veteran Sainiks in Haryana get financial assistance for marriage of their daughters. They also get the same from IA.  Registration of marriage is done under either of the following 2 methods : 1. Personal laws. 2. Special marriage act. Documents required 1. Photographs of bride- groom - couple together 2. Proof of residence 3. Proof of birth. 4. 4 witnessess 5. Court fee.  The registration is a quick transparent  process and does not need phsyical presence of parties as the Haryana govt is pushing for convenience and digitisation.  For more information contact : advocategnr2011@gmail.com

Pregnant and fired from your job, citing COVID 19 ?

Pregnant and fired from your job, citing COVID 19 ?   Many employers are firing pregnant women to avoid giving them mandatory maternity benefits as per the Maternity Benefit Act, 2017. Most of them are hiding behind the garb of the clause Force Majeure in times of COVID 19 Pandemic.   This is illegal.   If you have been fired from your job because you were pregnant you can take legal recourse. An employer cannot fire a pregnant employee who has worked in the organisation for upto 80 days in 12 months immediately preceding her date of delivery. Force majeure is a contractual defence. Maternity Benefit Act, 2017 is a welfare legislation and thus higher in precedence to Contract law. Therefore, it is the statutory obligation of all employers to comply with the provisions of the maternity benefit act, 2017. The act extends benefits to mother’s who are working from home, adoptive mothers, surrogate mothers, biological mothers. This is a prevailing problem across organisations,...