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We got featured in the ChannelAsiaNews documentary on India's struggle with gender violence.
MAHESH TIWARI
A Law Firm based in Delhi
ABOUT US
ABOUT US
Mahesh Tiwari & Associates is a group of experienced lawyers who are handling all type of cases before the Hon'ble Supreme Court of India i.e. SLPs (Civil & Criminal), Writ Petitions, Transfer Petitions (Civil & Criminal), Appeals (Civil & Criminal), Review Petition, Curative Petition, etc. and has specialized experience of more than 23 years in conducting cases related to matrimonial disputes such as Divorce Case, Restitution Case, Custody of child Case, Maintenance Case, Domestic Violence Case, 498A IPC Case and other matters arising out of the family disputes before the Hon’ble Supreme Court, Hon'ble High Court, and all Districts Courts. For the social-oriented work, we are associated with several NGOs who are working against the misuse of laws particularly the misuse of Matrimonial Laws such as 498A case, Domestic violence case, maintenance case, rape, and molestation Case, etc. Since the beginning, we are handling various types of cases related to family disputes from trial Courts up to the Hon'ble Supreme Court of India and able to get justice for many people who were falsely implicated in the matrimonial cases. Not only the above, Mahesh Tiwari & Associates have also filed many PILs before the Hon'ble Supreme Court of India to protect the fundamental rights of the people of the Country. It is quite a place to mention here that when many people of the country were facing the false accusation of sexual harassment cases through the # Me Too Moment, Mahesh Tiwari & Associates, intervened and filed a PIL before the Hon'ble Supreme Court of India to issue appropriate guidelines to protect the innocent person from false implication. In another PIL which was filed by Mahesh Tiwari & Associates to Stop Commercial Surrogacy in India, the Government of India has brought a Bill and the same was passed by the Parliament and now it has become the Law. Recently Mahesh Tiwari & Associates had filed a PIL in the Supreme Court on the issue suicides of married men due to family problems & marriage related issues because as per National Crime Records Bureau (NCRB) data published in 2021 (Accidental Deaths in India 2021) about 1,64,033 people have committed suicide during the year 2021 across the country. Out of which almost over 81,063 people who ended their lives were married men, while 28,680 were women. Around 33.2% men ended their lives because of family problems in the year 2021. In this year total 118979 men have committed suicides which is about (72%) and total 45026 women have committed suicides is which is about (27%). According to the data’s provided by the National Crime Records Bureau (NCRB) suicide ratio amongst the men is increasing every year. According to the World Health Organisation report dated 07.09.2021 suicide is an emerging and serious public health issue in India. The suicide rate per 100000 people compared to other countries is 10.5 per 100000 while the suicide rate for the world as whole is 11.6 per 100000 people. Suicide rate in India have been rising over the past five decades. Suicides during the year 2021 increased by 7.2% in comparison to previous years with India reporting highest number of suicides in the world. The Hon'ble Supreme Court has given liberty to pursue the representation given to the union of India.
WE GoT featured in the ChannelAsiaNews documentary on India's struggle with gender violence.
WE GoT featured in the ChannelAsiaNews documentary on India's struggle with gender violence.
To watch the video Click Here
To read the Article Click Here
Watch The documentary of CHANNELASIANEWS Documentary on INDIA'S STRUGGLE WITH GENDER VIOLENCE
OUR EXPERTISE
OUR EXPERTISE
MATRIMONIAL CASES
MATRIMONIAL CASES
Matrimonial Cases includes all type of cases which are related to family disputes such as cases under Hindu Marriage Act, Protection of Women from Domestic Violence Act, Maintenance Cases and Cases arising out of Physical and Mental Harassments under section 498a IPC Etc.
BAIL MATTERS
BAIL MATTERS
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, "No person shall be deprived of his life or personal liberty except according to the procedure established by the law." Any individual, who violates the law of the land, is bound to face consequences as per the law and in such a case, his freedom may be restricted depending upon the gravity of offence as such committed. Every accused who has been frivolously charged with the allegations of a non-bailable offence is not only entitled to a good defense but also to be released on bail, by the Court upon taking into various factors such as the nature or seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or the state and similar other factors.
DOMESTIC VIOLENCE CASES
DOMESTIC VIOLENCE CASES
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian Government from 26 October 2006. The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.
DIVORCE CASES
DIVORCE CASES
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time and child support.
RESTITUTION OF CONJUGAL RIGHTS
RESTITUTION OF CONJUGAL RIGHTS
Section 9 of the Hindu Marriage Act recognizes the provision for the restitution of conjugal rights, according to which, if either of the spouses withdraws themselves from the society of the other, without reasonable excuse, the other aggrieved party has a legal right of filing a petition demanding for the restitution of conjugal rights. The court, if satisfied that there is no legal ground for the application to be refused, and based on the veracity of the statements in the petition, may pass a decree for restitution of conjugal rights.
MAINTENANCE CASES
MAINTENANCE CASES
“Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various laws governing maintenance are as follows: for Hindus – Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956for Muslims – Muslim Women (Protection of Rights on Divorce) Act, 1986for Parsis – Parsi Marriage and Divorce Act, 1936for Christians – Divorce Act, 1869secular laws – Criminal Procedure Code, 1973; Special Marriage Act,1954
TRANSFER PETITIONS
TRANSFER PETITIONS
In Civil matters Transfer petition in Supreme Court is entertained Under Section 25 of the Code of Civil Procedure, the Hon’ble Supreme Court has the power to transfer any case, appeal, or proceedings from the High Court or other civil courts in one State to another state. The power to transfer the case from one state to another may be exercised by the Supreme Court if the court is satisfied that an order under this section is expedient for the ends of justice so require. In criminal cases under section 406 of the Code of Criminal Procedure gives the power to Supreme Court to transfer cases and appeals, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court equal or superior jurisdiction subordinate to another High Court.
CASES UNDER PERSONAL LAWS
CASES UNDER PERSONAL LAWS
Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. In India, everyone belongs to different caste, religion and have their own faith and belief. Their belief is decided by the sets of laws. And these laws are made by considering different customs followed by that religion. Indians are following these laws since the colonial period. In this chapter, we will learn about the personal laws of Hindu, Muslims and the Christian community. Marriage Law in India is governed by two systems; general and personal law and the religion driven laws come under personal law, while acts which can be applied irrespective of a person’s religion come under territorial law. Each of these laws have their own provisions as to marriage, divorce and inheritance. Thus, to understand which laws to apply to a marriage or a divorce, we need to establish certain parameters to pinpoint which code to adhere to. We need to know which religion the person legally belongs to, whether they prefer to come under such personal law or under a secular law, whether or not the marriage is valid under the code of such religion, and if there is a provision for divorce in that code.
CHILD CUSTODY CASES
CHILD CUSTODY CASES
If a marriage breaks down and ends up in the separation of a couple, the person(s) who suffers the most is the child or children born out of the marriage. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child. What Are The Factors That Constitute “Welfare” Of A Child. The welfare of the child, broadly, includes the following factors: Safe-keeping of the child, Ethical upbringing of the child, Good education to be imparted, Economic well-being of the guardian. The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, however, is a question which the court decides upon. While the statutes are conflicting when it comes to personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of competent jurisdiction strives to strike a balance.
498A CASES
498A CASES
Before 1983, the offence of cruelty and harassment inflicted on a married woman were dealt with by general provisions of the Indian Penal Code as there was no specific provision in the Indian Penal Code to deal with such offences. Therefore in the year 1983, the criminal law amendment was brought by the Govt. of India, and according to that, Section 498-A was brought into the statute book in the year 1983. The objects and reasons for introducing Section 498-A IPC can be gathered from the Statement of Objects and Reasons of Criminal Law (Second Amendment) Act of 1983 which reads as under:- "The increasing number of Dowry Deaths is a matter of serious concern. The extent of evil has been commented upon by the Joint Committee of the Houses constituted to examine the working of the Dowry Prohibition Act, 1961. Cases of cruelty by the husband and the relatives of the husband which culminate in suicide by, or murder of the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. It is, therefore proposed to amend the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act suitably to deal effectively not only with cases of Dowry Death but also cruelty to a married woman by their in-laws. The following are the changes that are proposed to be made:- (i) The Indian Penal Code is proposed to be amended to make cruelty to a woman by her husband or any relative of her husband punishable with imprisonment for a term which may extend to three years and also with fine. Willful conduct of such a nature by the husband or any other relative of the husband as is likely to drive the woman to commit suicide or cause grave physical or mental injury to her, and harassment of a woman by her husband or by any relative of her husband to coerce her or any of her relatives to meet any unlawful demand for the property would be punishable as cruelty, the offence will cognizable if information relating to the commission of the offence is given to the officer in charge of a Police Station by the victim of the offence or a relative of the victim of the offence or, in the absence of any such relative, by any public servant authorized in this behalf by the State Government. It is also being provided that no court shall take cognizance of the offence except upon a Police Report or complaint made by the victim of the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or with the leave of the court by any other person related to her by blood, marriage or adoption (vide Clauses 2, 5 and 6 of the Bill.) (ii) Provision is being made for an inquest by Executive Magistrates and for postmortem in all cases where a woman has, within seven years of her marriage, committed suicide or died in circumstances raising a reasonable suspicion that some other person has committed an offence. A post-mortem is also being provided for in all cases where a married woman has died within seven years of her marriage and a relative of such woman has requested on this behalf (vide Clauses 3 and 4 of the Bill) (iii)The Indian Evidence Act, 1872 is being amended to provide that where a woman has committed suicide within a period of seven years from the date of her marriage and it is shown that her husband or any relative of her husband and subjected her to cruelty, the court may presume that such suicide had been abetted by her husband or by such relative of her husband (vide Clause 7 of the Bill).
The objective of 498A IPC:-
As mentioned above a new section i.e 498 A was inserted in the Indian Penal code under chapter XX-A with an object to curb the menace of “Cruelty against a married woman” which often led to dowry death. It has been presumed a very important amendment in the Indian Panel Code to safeguard the married woman from any type of physical brutality or harassment for dowry demand. The foremost objective behind this amendment was to protect married women from any type of harassment by her husband or relatives of the husband for want of dowry or any article etc. Offence under 498A IPC is cognizable, non-compoundable, and non-bailable meaning thereby the Police is duty-bound to register an FIR against the persons involved in the offence on receiving of the complaint from an aggrieved woman or her family members. Since offence of 498a IPC is cognizable and is non-bailable, the police is empowered to arrest the person involved in the case, and the only remedy left to the person involved to approach the competent court for anticipatory bail under Section 438 Cr. P.C.
Definition of section 498A of Indian Penal Code:-
“498-A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For this section, “cruelty” means— (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
CRIMINAL CASES
CRIMINAL CASES
The term criminal law means crimes that may establish punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which the government enforces this substantive law through the gathering of evidence and prosecution is generally considered a procedural matter.
CIVIL CASES
CIVIL CASES
Civil cases involve a conflict between people or institutions, generally over money. A civil suit begins when a legal person claims that he has been harmed by the actions of another person or business and asks the court for relief by filing a “complaint”. Most of the civil suits are guided by the well-settled principles of the Code of Civil Procedure.
SPECIAL LEAVE PETITION
SPECIAL LEAVE PETITION
Special Leave Petitions in India holds a prime place in the Judiciary of India and has been provided as a "residual power" in the hands of the Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. It provides the aggrieved party a special leave to be heard in Apex court in an appeal against any judgment or order of any Court in the territory of India. The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court in the territory of India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done. It is a discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal.
WRIT PETITION
WRIT PETITION
The Indian Constitution grants the Supreme Court the power to issues Writ Petitions. The Supreme Court issues Writ to enforce any fundamental rights under Article 32 of the Indian Constitution. In India, the legal ability to issue a writ petition is firstly a provision i.e., the Right of Constitutional Remedies to each citizen. This right works as a guarantor for all the other fundamental rights in the Indian constitution. There are five different types of the writ petitions which one can file either before the High Court or the Supreme Court and their names are Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
Cases Under Consumer Protection Act 2019
Cases Under Consumer Protection Act 2019
The new Consumer Protection Act, 2019 came into force on 20th July 2020. The names of the commissions have been renamed as District Commission, State Commission, and National Commission. The pecuniary jurisdiction of the District Commission is up to Rs 1 Cr. The State Commission has pecuniary jurisdiction from more than Rs 1Cr. To Rs 10Cr. and above 10 Cr the National Commission has pecuniary jurisdiction to try the cases.
CASES UNDER 138 N.I. ACT
CASES UNDER 138 N.I. ACT
Negotiable Instruments Act 1881 regulates the different types of negotiable instruments like Promissory notes, Bills of Exchange, and Cheques. According to Sec. 13 of the Act, negotiable instrument means ‘a Promissory Note, Bills of Exchange or Cheque payable either to order or to bearer’. Thus, Negotiable Instrument in simple terms means any written document which is transferable on delivery. Section 138 of the act talks about punishment for dishonoring of cheques. Section 138 was introduced as a criminal offence in 1989 by way of an amendment to the Negotiable Instruments Act, 1881. The main objective of the introduction of this section was to encourage the use of cheques and increasing the credibility of transactions through cheques by making the dishonoring of the cheques as an offence. Section 138 provides that when the cheque is dishonored for insufficiency of funds or for any of the prescribed reasons, the one who is at defaulter can be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or both. This is also a non-cognizable offence. This act has been recently amended in 2018 whereby and where under section 143-A and section 148 has been added in the act now the negotiable instruments act, 1881 is more comprehensive and effective.
PLACE OF PRACTICE
PLACE OF PRACTICE
SUPREME COURT OF INDIA
SUPREME COURT OF INDIA
HIGH COURT OF DELHI
HIGH COURT OF DELHI
SAKET DISTRCIT COURT, NEW DELHI
SAKET DISTRCIT COURT, NEW DELHI
PATIALA HOUSE COURT, NEW DELHI
PATIALA HOUSE COURT, NEW DELHI
DWARKA DISTRICT COURT, NEW DELHI
DWARKA DISTRICT COURT, NEW DELHI
ROHINI DISTRICT COURT, DELHI
ROHINI DISTRICT COURT, DELHI
TIS HAZARI DISTRICT COURT, DELHI
TIS HAZARI DISTRICT COURT, DELHI
KARKARDOOMA DISTRICT COURT, DELHI
KARKARDOOMA DISTRICT COURT, DELHI
NATIONAL COMMISSION, DELHI
NATIONAL COMMISSION, DELHI
STATE COMMISSION, DELHI
STATE COMMISSION, DELHI
ALL DISTRICT COMMISSIONS OF DELHI
ALL DISTRICT COMMISSIONS OF DELHI
NCLT, NEW DELHI
NCLT, NEW DELHI
DISCUSSION ON 498A BY: ADVOCATE MAHESH TIWARI
DISCUSSION ON 498A BY: ADVOCATE MAHESH TIWARI
ARTICLES
ARTICLES
News Article on Advocate Mahesh Tiwari in The New India Express as court ordered that Widowed daughter entitled to dependent pension under freedom fighter pension scheme.
News Article on Advocate Mahesh Tiwari in The New India Express as court ordered that Widowed daughter entitled to dependent pension under freedom fighter pension scheme.
News Article on Advocate Mahesh Tiwari in News 18 as court ordered that Widowed daughter entitled to dependent pension under freedom fighter pension scheme.
News Article on Advocate Mahesh Tiwari in News 18 as court ordered that Widowed daughter entitled to dependent pension under freedom fighter pension scheme.
Click the link below to read the article
https://www.news18.com/news/india/widowed-daughter-entitled-to-dependent-pension-under-freedom-fighter-pension-scheme-hc-4078205.html
Click the link below to read the article
https://www.news18.com/news/india/widowed-daughter-entitled-to-dependent-pension-under-freedom-fighter-pension-scheme-hc-4078205.html
Views of Advocate Mahesh Tiwari on 498a
Views of Advocate Mahesh Tiwari on 498a
Click the link below to read the article
Click the link below to read the article
Views on 498a by Advocate Mahesh Tiwari
Views on 498a by Advocate Mahesh Tiwari
Click the link below to read the article
Click the link below to read the article
NEWS CLIPPINGS
NEWS CLIPPINGS
PIL ON GENDER JUSTICE
TO READ ARTICLES ON GENDER JUSTICE PIL FILED BY ADVOCATE MAHESH TIWARI CLICK HERE
Widowed Daughter entitled to dependent pension under freedom fighter pension scheme
To read the full article click here
Widowed Daughter entitled to dependent pension under freedom fighter pension scheme
To read the full article click here
Delhi HC seeks Centre's response on plea seeking release of pension arrears to freedom fighter's kin. To read full article Click Here
Delhi HC seeks Centre's response on plea seeking release of pension arrears to freedom fighter's kin. To read full article Click Here
Widowed Daughter entitled to dependent pension under freedom fighter pension scheme
To read the full article Click Here
Widowed Daughter entitled to dependent pension under freedom fighter pension scheme
To read the full article Click Here
Cases about misuse of Dowry Law
Cases about misuse of Dowry Law
Cases about willful termination of pregnancy without husband's consent
Cases about willful termination of pregnancy without husband's consent
Views on Gender Neutral law by: Advocate Mahesh Tiwari
Views on Gender Neutral law by: Advocate Mahesh Tiwari
False allegations of Dowry Demand and character assassination of the husband are grounds for Divorce
False allegations of Dowry Demand and character assassination of the husband are grounds for Divorce
A family court in Delhi has granted Divorce on the petition filed by the husband against his estrange wife on the ground that the wife has made unbearable cruelty on the husband by labeling false allegation about his character which she could not prove in the trial. The court further observed in the judgement that in 498A case filed by her, she attended all the hearings to object grant of bail to him as such he remained in the custody. During the course of cross-examination several bullet questions were asked by Mahesh Tiwari, Advocate counsel for the husband which she could not answer and her allegations were found to be false. Advocate Mahesh Tiwari further inter alia argued that she left the husband when he was under treatment which clearly establishes that she has deserted him and doing so it amounts to mental cruelty. It has also been pointed out that both of them were living separately since long and there is no hope of living together in future. In the present case there are two children and both the children were living with the husband and under his care and custody children were doing well in their education. Initially wife has filed dowry demand case as well as domestic violence case and the husband has filed divorce petition. After full-fledged trial the family court judge Ms. Pinky came to the conclusion that all the circumstances show that the acts of the wife are cruel and also she has labeled false allegation of dowry demand against all the family members including unmarried sister and also went to the extent to make character assassination of the husband without any prove therefore, marriage of the parties are dissolved by the decree of divorce on the ground of cruelty.
by: Advocate Mahesh Tiwari
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