Kindly state detailed facts of case
what is professional negligence done by husband
It seems a honest Husband and Father has no Respect and Rights in India. Pl. Tel how to challenge ACT in India. How a Law Ministry can help in improving ACT? What if Professional negligence is found in ACT , how to take action against ACT? Guidance, Direction on the basis of Law by Court are not acceptable . There must be a simpler way to change law other than Parliament & Court. Society has improved and Judiciary is not aware. I am not only literate (Highly qualified) but Educated as well. I don't believe I. Domestic violence. I am asking as a Indian Citizen who wish save his family.
This ACT means that the ACT which is passed in Parliament from BILL. I am willing to challenge law i.e. ACT made by Parliament. Please re read my query. As it is matter of family.
1. Any Act passed by the Parliament or through Ordinance can be challenged either in high court or in supreme court if the same is ultra vires of the Constitution of India.
2. So one an act is promulgated by the Legislature of a state or the union of India , only the legislature can later repeal it or the High court or supreme court of India can strike it down as unconstitutional.
THERE IS NO OTHER WAY.
Hello,
1) While your disillusionment with ACT which I suppose is a general reference to law, can be understood, unfortunately, the only place to challenge the provisions is in a court of law and any changes can be brought through the parliament in a stable manner.
2) Law Ministry is again formed out of members to the parliament, and even if they make any changes, they have to soon get ratified by the parliament.
3) The danger in the ministry getting a free hand to introduce changes can lead to autocratic acts and will be difficult to control as the mechanism is subject to lesser scrutinies.
4) As an Indian citizen, you ought to believe in the available framework of courts and get the service of the best professionals who would ensure that the loopholes are not taken advantage of by the opponents and you get justice if you are not guilty.
There are number of acts passed by parliament
like hindu marriage act , Hindu succession act , Hindu adoption and maintenance act
which act you want to challenge
See to challange the act to be ultra viruses a petition before the High court supreme court has to be made.
Further there is procedure under constitution powers given to parliament to make and amend law that is why only they can make the law.
You can challange it before high court by filling a petition you have to challange same on the valid grounds.
The court is the forum to protect the invaluable rights guaranteed under the constitution of this country to every citizen.if any law is enacted,which infringes such rights otherwise known as fundamental rights the apex court or the high court steps in to champion the cause of the victim,whose fundamental rights are sought to be violated by such statute.even a public servant's proceedings,orders or actions if it militates the provisions of the constitutions can be successfully agitated and appropriate reliefs obtained.
You can challenge any act or any specific provision/ section of act by filing a petition in the Supreme Court of India, based upon a valid ground
you are advised to consult one prominent lawyer with relevant facts and documents, before filing such petition to get a prompt reply.
You need to file a writer petition or public interest litigation to challenge the validity of any section or Act being unconstitutional
Writ will file before High Court/Supreme court to declare ACT unconstitutional. Law ministry will hardly support.
Honest husband and father is a fact, but what will you do with the dishonest daughter in law?
Once she has approached court with false allegations, you cannot sit at home and say that you are honest hence you dont have to prove it before court.
If you believe that she has approached the court with false allegations then it becomes your duty to appear before the court and prove her that she is wrong and false which can be done only after explaining everything before court with documentary evidences and merits in your side.
Law is not bad but it is the people who make it appear draconian or dreaded with false allegations misusing the provisions.
You are willing to challenge the act, you better discuss with a local experienced lawyer on the possibilities in this regard and decide to proceed further accordingly
The domestic violence act can be challenged in the high court or the supreme court. It can be challenged as being unconstitutional and violative of certain cherished rights and principles as enshrined in our constitution.
There may be other grounds too.
Regards