Tag: marriage

  • Time to revamp legislation and have frequent code for marriage and divorce, says Kerala HC

    By Express News Service

    KOCHI: The Kerala High Court on Friday held that the wedding legislation must be revamped and there wouldn’t be any problem in having a typical code of legislation for all communities, not less than for marriage and divorce. “Marriage and divorce must be under the secular law; that is the need of the hour. The time has come to revamp the marriage law in our country,” held the courtroom.

    A Division Bench comprising Justice A. Muhammed Mustaque and Justice Kauser Edappagath additionally noticed, “We need to have a law dealing with human problems with a humane mind to respond. Individuals are free to perform their marriage following personal law, but they cannot be absolved from compulsory solemnisation of the marriage under secular law,” noticed the courtroom.

    ALSO READ: Committing sexual acts in opposition to spouse’s will quantities to marital rape, good floor for divorce: HC

    Dismissing an enchantment filed by a husband in a matrimonial case, the courtroom additionally noticed that the legislation ought to equip spouses to cope with marital damages and compensation. The legislation has to safeguard spouses in opposition to any loss suffered in a relationship or on such separation.  

    The dissolubility of marriage could deliver myriad losses to a partner on such separation. While the legislation permits a person to behave on his or her selection, the courtroom stated, “The law cannot ignore the loss of such spouses who suffered in the matrimony or separation. The husband or wife is likely to be exposed to vulnerability on the exercise of such option for separation by one of the spouses. Vulnerability alludes to a situation of a spouse who would be disadvantaged consequent on such separation and causation demands empowerment of such spouse. Sometimes the spouse who seeks the divorce might be responsible for the disruption of the relationship. The law has to safeguard the spouse against any loss suffered in a relationship or on such separation.”

  • Know Income tax guidelines on items obtained on marriage

    It is customary in Indian for households to alternate present on the event of marriage. This article offers with tax implications of such items obtained.

    General Provisions for taxation of Gifts in India

    Before abolition of the Gift Tax Act in 1998 the donor (giver of the present) was required to pay present tax on the worth of present over Rs. 30,000/-. After the abolition, neither the recipient not the donor was subjected to any tax. This lacuna was grossly misused and which pressured the federal government to usher in provisions to tax the items within the palms of the recipient in case the combination of the all of the items throughout a yr exceeded sure threshold restrict. Presently this threshold restrict is fifty thousand rupees. It is the combination worth of all of the items obtained through the yr and never the worth of a person present which is to be taken under consideration for figuring out taxability of the items.

    Specific provisions relevant to marriage items

    While offering for taxation of items within the palms of recipient, the lawmakers offered sure exceptions. Marriage items are one of many exceptions offered within the regulation. In India we’ve got custom the place kinfolk in addition to the bride and groom obtain items on the event of marriage. Are all these items coated below the wedding exception, and due to this fact tax free? The reply is solely no. It is barely the couple getting married who enjoys the exception and never all of the kinfolk. The items obtained by the couple are absolutely tax free with none higher restrict. These items needn’t essentially be from the kinfolk solely to get pleasure from this exemption.

    So all of the items obtained by the bride and groom, no matter worth, are tax free of their palms however the different kinfolk have to incorporate full worth of the items of their revenue, whether or not obtained in money or variety, in case the combination of worth of all of the items, together with these items, obtained through the yr exceeded fifty thousand rupees. However, items obtained by one relative from one other relative are absolutely tax-free in case of sure specified kinfolk no matter any event.

    Clubbing provisions

    Though items obtained by bride and groom are absolutely tax free of their palms on the event of their marriage however some clubbing provisions will come into play if these items are obtained from sure specified kinfolk. Income arising from the present obtained by a daughter in regulation from her father in regulation or mom in regulation is required to be added to the revenue of the in-law who had given the present. However, in case of items given to daughter in regulation earlier than marriage are outdoors of the clubbing provisions however the threshold of fifty thousand rupees will apply as she is a non-relative until she will get married so present to daughter in regulation by dad and mom in regulation will not be suggested. It could also be famous that the clubbing provisions will proceed to use on the worth of the present even after the asset gifted adjustments its kind. So for instance in case jewelry is presented to daughter in regulation by dad and mom in regulation, although absolutely tax free within the palms of the bride on the time of marriage however the capital positive factors if any realised on the time of sale must be clubbed with the revenue of the donor as and when the jewelry is bought in future.

    Precautions whereas accepting marriage items

    Though items obtained on the event of 1’s marriage is absolutely tax free however it’s good to take sure precaution earlier than you report these present in your data specifically in case the items are of excessive worth.

    So in case you’ve proven some quantities or property as having been obtained on the event of your marriage, you’ll have to furnish the small print of all of the individuals from whom you’ve obtained the items. Moreover, the tax official might name the particular person to look earlier than him and should attempt to discover about genuineness of the present. The tax regulation gives that in case you aren’t in a position to give a passable rationalization in respect of any asset discovered credited in your books of accounts, the tax division will levy a flat tax @ 60%+surcharge as a substitute of the identical being taxed on the slab fee relevant to you. You must pay curiosity and penalty as bonus in such a scenario.

    In case you might be planning to make use of the event of marriage in your loved ones for cash laundering, please watch out. In case the items obtained and recorded within the books come to the discover of the tax official throughout evaluation continuing the tax officers can ask you to furnish the small print of marriage bills incurred with the small print of the one who had footed the invoice. Moreover, so as to gauge the dimensions of bridal ceremony, the officer can ask for the video recording and {photograph} of assorted features of the wedding. So look earlier than you leap.

    I’m positive the above dialogue has been helpful to you.

    Balwant Jain is a tax and funding skilled and could be reached on [email protected] and @jainbalwant his twitter deal with.

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  • Administration stopped baby marriage: marriage of minor boy was going down in village Chilputi

    According to the discharge issued by District Child Protection Unit (Women and Child Development Department) Kondagaon, on receipt of details about baby marriage in village Chilputi, Devdobra Para beneath the district, as per the directions of Collector Pushpendra Kumar Meena and Superintendent of Police Siddharth Tiwari, District Child Protection Unit Women and Child Action was taken on twenty ninth June by the joint crew of Development Department and Police Department beneath the steerage of Shri Hemaram Rana District Program Officer.

    It is to be recognized that the kid Umesh (identify modified) father Harilal (identify modified) age 16 years married woman Janaki (modified identify) father Sitaram (modified identify) age 20 years resident of village Singanpur, Chipavand district- It was to finish with Kondagaon. Earlier, this organized marriage was stopped by the patwari, sarpanch, kotwar, Anganwadi employee and others of the village, however on 29 June, after getting data that the wedding is being re-organised. After that, after getting the knowledge, the joint crew fashioned instantly reached the place of marriage and the paperwork have been examined and questioned.

    In which the bride’s age was discovered to be marriageable and the groom’s age was lower than the prescribed age for marriage. Since the bride Umesh and bride Janki acquired acquainted whereas working in numerous rice mills in Raipur and so they began liking one another. In this regard, the members of each the bride and groom and the villagers current have been knowledgeable about unlawful and unlawful marriages beneath the Child Marriage Prohibition Act and in addition the Panchnama was ready. After this, the family members and guardians of the bride and groom agreed to get married solely after the groom’s age is 21 years previous.

  • Groom walks out of wedlock protesting absence of mutton at feast, marries one other girl

    By Express News Service
    JAJPUR:  A person walked out on his bride on the marriage day after her household didn’t serve mutton within the feast at Sukinda on Wednesday. The 27-year-old groom, recognized as Ramakant Patra, later married one other girl of the realm earlier than returning house. Bizarre however true.

    Sources stated Patra, a resident of Rebanapalaspal in neighbouring Keonjhar district, reached Bandhagaon village in Sukinda block with baraatis in a procession to marry on Wednesday afternoon. On reaching the venue, they had been welcomed by the bride’s household and after obligatory rituals,  taken to the eating corridor for lunch.

    Before the meals was served, members of the marriage social gathering demanded mutton curry. As the identical was not ready, the baraatis entered into an argument with the bride’s members of the family and people serving meals. The state of affairs turned ugly and shortly blew out of proportion. When Patra got here to know that mutton had not been cooked for the marriage social gathering, he known as off the wedding taking everybody abruptly.

    Though the bride’s members of the family pleaded with him and tried to influence him to alter his thoughts, all their efforts went in useless because the groom left the place alongside along with his kin. Patra went to a relative’s home at Gandhapala village of Kuhika panchayat in Sukinda the place they stayed for the remainder of the day.

    He later married one other girl of Phulajhara in Tamka the identical evening earlier than returning to Keonjhar, sources stated. No grievance was lodged with the native police on this connection. Such high-handedness by grooms and their households was reported within the Eighties.

  • New {couples} obtained money presents of lakhs after marriage, parliamentary secretary Vikas Upadhyay gave checks

    Under the Disabled Marriage Promotion Scheme run by the Social Welfare Department of Chhattisgarh Government, in the present day Parliamentary Secretary and Raipur West MLA Vikas Upadhyay distributed a test of 02 lakh 50 thousand marriage incentive quantity to 04 in a different way abled beneficiaries and wished them a brilliant future.

    Vikas Upadhyay gave Rs. 1,00,000 (one lakh) to 04 differently-abled beneficiaries, Monika Kushwaha, husband Nilesh Kushwaha, and Nidhi Thakur, husband Kuldeep Singh Thakur, Sohil Gautam, spouse Ravinder Gaur and Kavita Sahu husband Bhojeshwar Sahu, every of fifty,000 (fifty thousand) at his residence in the present day. Separate checks issued. Vikas Upadhyay prolonged his finest needs to all of the beneficiaries for a contented life.

  • The administration stopped the wedding of a minor, solely after finishing 18 years of marriage, the household gave recommendation

    The administration has succeeded in stopping the wedding of a minor lady in Balilagarh of Balodabazar-Bhatapara district. The District Child Protection Unit, with the assistance of the police, has crammed the declaration type together with explaining the minor’s members of the family. District little one safety unit Balodabazar was knowledgeable of the wedding of a 15-year-old teenager in a village of Biligadh block on 14 February. Taking fast motion on the knowledge, a joint workforce of District Child Protection Unit and Biligad police station reached the marriage venue. After inquiring about age with the kinfolk of the bride and groom, the lady’s age was discovered to be 15 and a half years. The officers knowledgeable the lady’s members of the family and villagers in regards to the provisions of the Child Marriage Prohibition Act 2006 on this event. Information was additionally given about bodily hurt and hostile penalties to the lady little one on account of marriage on the age of 18 years. On the recommendation of the officers, the household admitted their mistake. Signed the declaration of marriage on completion of 18 years of the lady little one.

  • How Neha Was Judged For Marrying Angad: ‘Ladka Chhota Hai Ladki Se’

    Actors Neha Dhupia and Angad Bedi shocked all once they bought married in an intimate marriage ceremony ceremony in May 2018 in Delhi. It was a conventional Anand Karaj ceremony that was attended by only some shut family and friends members. Neha seemed radiant in a blush pink Anita Dongre lehenga and Angad matched his sherwani with the outfit. After nearly three years of the marriage, Neha now opened up on how they have been judged for his or her choice. Also Read – ‘No Kanyadaan, No Saath Pheras’: 2 Prayagraj Couples Challenge Traditions, Get Married Sans Customs & Rituals! In a video she shared on Instagram on Friday, Neha talked in regards to the marriage and the way she may see folks behaving judgmentally.”We had a low-key marriage ceremony two days later and that was an invite for lots of judgment. ‘Ladki ne late shaadi ki na? (Is the girl getting married late?)’ ‘Achcha, ladka chhota hai ladki se? (you know the groom is younger than the bride)’” Also Read – Valentine’s Day 2021: This Law Firm is Offering Free Divorce to Unhappy Couples! Neha additionally opened up on all the marriage ceremony proposal and the way it was a easy choice made by Angad when he went to ask her mother and father straight they usually gave their permission. “People normally date for a long time before getting married, right? But in my case, it was very different. Angad and I were just friends and I didn’t expect him to propose so spontaneously. Ek din woh mere ghar aaya and he asked my parents if he could marry me. My parents were like, ‘You do and we are here to support you’,” she mentioned. Also Read – This Bengal Couple Got Their Wedding Food Menu Designed Like an Aadhaar Card, Pics Go Viral

    Neha and Angad bought married on May 10, 2018. The information of their marriage ceremony got here out when the filmmaker and Neha’s buddy Karan Johar took to social media to share a ravishing image from the marriage, congratulating the 2 actors. The couple welcomed their first youngster Mehr Dhupia Bedi later that yr.

  • NGO seeks inclusion of two extra states in plea in opposition to UP, Uttarakhand conversion legal guidelines

    NGO Citizens for Peace and Justice has approached the Supreme Court in search of permission to incorporate legal guidelines enacted by Himachal Pradesh and Madhya Pradesh regulating spiritual conversion for marriages in its pending petition difficult comparable legal guidelines by Uttar Pradesh and Uttarakhand.
    The software sought the courtroom’s depart to amend the petition in order to additionally problem the Himachal Pradesh Freedom of Religion Act, 2019 and the Madhya Pradesh Freedom of Religion Ordinance, 2020.
    It contended that “the impugned Acts and Ordinances impose obligations of prior intimation, registration, scrutiny, and police enquiries as a precondition to marriage, which are utterly unconscionable, and indeed obnoxious and unsustainable under our Constitutional scheme”.

    On February 3, the Supreme Court had declined to entertain a couple of different petitions difficult the constitutional validity of the legal guidelines enacted by Uttar Pradesh and Uttarakhand saying it might just like the state High Courts, the place comparable petitions are pending, to determine it first.
    “We are on a question of jurisdiction. The Allahabad and Uttarakhand High Courts are hearing this. We will have the benefit of the HC judgment”, a bench headed by Chief Justice S A Bobde mentioned.
    The courtroom identified that for a similar purpose, it had earlier refused to entertain a petition filed by the UP authorities too in search of switch of all such pending instances to the SC.