H O Gupta & Associates

  Supreme Court  backs off from recognising same-sex marriage A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasim  delivered a judgment in a batch of petitions which seek legal recognition for same-sex and queer marriages. I n a 3:2 verdict, the Court declined to legalise same-sex marriage, placing it upon the Parliament and State governments to decide if non-heterosexual unions can be legally recognised. The verdict, however, refused to legally recognise same-sex marriage since marriage “as a social institution predates all rights, forms of political thought and laws,” and there is no unqualified right to marry that people can claim as a fundamental right. “The capacity of non-heterosexual couples for love, commitment and responsibility is no less worthy of regard than heterosexual couples. Let us preserve this autonomy, so long as it does not infringe on the right...

  An unforeseen financial emergency can occur at any moment today, and we might need instant cash to take care of these situations. Going to a regular bank could be a hassle considering the paperwork banks require. In these situations, instant personal loan apps could be a saviour. Organisers of shady loan apps are emerging as a major threat across the country as they look to target vulnerable people from poor and middle-class families by lending them large sums of money in the form of unsecured loans at high rates of interest. Documents required for Personal Loan Different lenders might require different documents, but some of the most common ones are- 1.     Identity Proof (Voter ID Card, Passport, Driving license, Aadhar Card, PAN Card etc.) 2.     Address Proof ( Utility bills, Rental Agreement, Bank Statement etc.) 3.     Income Proof (Salary slip, Tax Return, Business Documents etc.) Eligibility Criteria 1.  ...

  The criminal proceedings start with the filing of a complaint. The power of the police officer to investigate the crime is based on whether the offence is of a serious type or a lesser serious type. Accordingly, the offences are categorized as bailable and non-bailable, cognizable and non-cognizable and compoundable and non-compoundable.   Difference between a bailable and a non-bailable Offence:   If a person is arrested for a bailable offence, the police can immediately release him on personal surety. He/she does not have to be produced in court. Non-bailable offences are of a more serious type, which invokes higher punishment (imprisonment for a period of three or more years). In such cases, the police do not have the power to grant bail. Serious crimes such as rape, murder, dowry death, cruelty to wives, etc. come within its purview. However, even in these cases, when the accused person is produced before the magistrate, he/she has the right to file a bail appli...

It is imperative to spread awareness about these fake instant loan applications amongst the masses so that people do not get easily fooled into their tricks.   One of the latest scams doing the rounds is the instant loan app scam. These loan applications are nothing but well-oiled and organized extortion\rackets being operated from outside India.  In July 2023, the Intelligence Fusion and Strategic Operations (IFSO)  Unit of Delhi Police’s Special Cell has busted various modules of instant loan applications having Chinese connections whereby more than 500 crores have been sent to China through the Hawala route or cryptocurrency. Many poor and gullible people have fallen victim to it and suffered irreversible consequences. The victims have not only lost money but also faced social, mental and psychological trauma due to these fake loan applications which are available on Google Play Store, links to download the app are also se...

Matrimonial Rights of Women and FAQ   Introduction In India, upon marriage, women leave their parental homes and live in the home provided by the husband or by his family members. This home is called her matrimonial home. The contract of marriage creates a legal obligation upon the husband and his family members to provide shelter and maintenance to the wife. In our society, a woman is perceived as a homemaker, in addition to all other roles she may be required to perform. So while women have the burden of managing the house, cooking for the family, raising the children and tending to the sick, their chances of earning an adequate income to support themselves or even the chances of retaining their pre-marriage jobs are constrained. Hence when economic support is withdrawn due to a matrimonial conflict, most women are rendered destitute. The situation becomes dismal when they have the additional burden of caring for their children. Women‘s right to shelter and maintenance is l...