Civil Litigation
Criminal litigation deals with criminal law and is mainly governed by three acts, namely The Indian Penal Code 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872.
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As defined by the famous jurist, John Salmond, civil law is “the law of the State or the law of the land, the law of lawyers and the law of courts.” The term civil law is derived from the ancient Roman term “jus civile” literally meaning citizens’ law, which was used to denote the law enforced exclusively in the city of Rome. It is also called Romano-Germanic law. Civil law is a system of law or body of rules dealing with the civil or private rights of citizens and not the public at large. It is primarily concerned with the private relations between two or more citizens and is generally codified.
Civil law, as a legal system of codified law, was introduced by the ancient Roman Law called the Corpus Juris Civilis (meaning Body of Civil Law). It is a collection of legal works in jurisprudence, issued from 527 to 565 AD by the imperial order of Justinian I, a Byzantine Emperor. For obvious reasons, it is also known as the Code of Justinian. It was made under the direction of Tribonian, a notable jurist in Justinian’s Court in Constantinople. The concepts in Corpus Juris Civilis then spread all over Europe. Though not as influential as in its golden days, it still serves as a basis for modern civil law systems around the world.
Civil law is-
• A thorough set of guidelines and precepts that are typically organized into codes and are understandable to the public and legal professionals
• A systematic framework based on a dynamic and logical taxonomy that has its roots in Roman law and is reflected in the form of the codes, which encourages cooperation, predictability, and order.
• A flexible system where generic provisions that allow for change are included in civil codes and avoid undue detail
• A system that is mostly legislative in nature, but that allows the courts to use creative jurisprudence and interpretation to adapt laws to new demands and societal changes
Areas Of Practice:
• Societies and Co-Operative Societies Matters
• Land Acquisition Litigation
• Contractual Dispute Litigation
• Property Litigation Matters
• Consumer Protection Law
• Unknown Transaction Matters (Benami transaction)
• Matters related to Foreign Act
• Easements Litigation Matters
• Successions and Trusts Matters
Frequently Asked Questions
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What is divorce without mutual consent?
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons are as follows, though some are not applicable to all religions.
1.Cruelty
Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
2.Adultery
In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
3.Desertion
One spouse deserting the other without reasonable cause (cruelty, for example) is a reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
4.Conversion
Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
5.Mental Disorder
If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
6.Communicable Disease
If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, the Hindu Divorce Law in India say that the other party can obtain a divorce.
7.Renunciation of the World
If the spouse renounces his/her married life and opts for sannyasa, the aggrieved spouse may obtain a divorce.
8.Presumption of Death
If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.