Adv. Vivek Mohla

20/12/2025

05/07/2025

🛑 Matrimonial Advice from a Litigator:
I’m yelling this loud —
Always VERIFY the complete past of the girl or boy before marriage.
Legal, emotional, financial, digital — everything.

Don’t get trapped by reels, filters & flashy matrimonial profiles.
They’re destroying lives.

20/04/2025

https://vivekmohla.blogspot.com/2025/04/the-silent-struggle-challenges-faced-by.html

20/04/2025

https://vivekmohla.blogspot.com/2025/04/child-marriage-in-india-legal-and.html

Child Marriage in India: A Legal and Social Challenge By Advocate Vivek Mohla, Criminal Lawyer Child marriage, a centuries-old so...

09/04/2025

Understanding When Family Courts Can Deny Maintenance to an Earning Wife

By Advocate Vivek Mohla, Matrimonial & Criminal Lawyer

In my experience as a practicing matrimonial lawyer, one of the most frequently asked questions by clients—both men and women—is whether an earning wife can claim maintenance. The answer is not always a simple yes or no. The law is nuanced and considers multiple factors before deciding whether maintenance should be granted.

In this article, I aim to simplify the legal understanding around when a Family Court may deny maintenance to a wife who is earning.

💼 1. When the Wife is Financially Independent

Maintenance is not an automatic right. It is granted to ensure that a spouse—typically the wife—is not left without financial support after separation or during litigation. However, when the wife is gainfully employed and earns enough to maintain herself comfortably, the court may find no justification to award maintenance.

The court evaluates her monthly income, job profile, and living expenses before arriving at a conclusion.

🏠 2. When the Wife Has Sufficient Financial Means

A wife may not be working, yet she may have other reliable sources of income—such as rental income, fixed deposits, family wealth, or inherited property. If these means are sufficient for her to live a dignified life, the court can rightly deny her maintenance.

The purpose of maintenance is support—not surplus.

🚪 3. Desertion Without Reasonable Cause

In cases where the wife leaves the matrimonial home without any valid reason or refuses to cohabit with her husband despite his willingness to maintain her, the Family Court may take this into account and reject her claim for maintenance.

Courts do not support willful abandonment unless justified by genuine fear or threat to safety.

❌ 4. Immoral Conduct or Adulterous Relationship

Another strong ground for denial of maintenance is if the wife is found to be living in an adulterous or morally questionable relationship. In such cases, the law does not favor extending financial support, as it contradicts the principle of marital fidelity.

💍 5. Remarriage After Divorce

If the wife remarries after divorce or separation, she is automatically disqualified from claiming maintenance from her ex-husband. This is because her new marriage legally and morally obligates her new spouse to provide support.

🧠 6. Capable but Choosing Not to Work

In some situations, wives who are well-educated and professionally qualified may choose to remain unemployed. If the court finds that such a decision is intentional and strategic to seek maintenance, it may factor in her earning potential and deny the relief.

The law encourages self-reliance over dependency, wherever possible.

🧾 A Balanced Approach

Courts today are not rigid. Each case is judged on its individual facts and circumstances. Even if a wife is earning, but her income is too low to match her previous standard of living or if she is burdened with child care responsibilities, partial maintenance may still be granted.

What matters most is whether she can live with dignity and financial security, not luxury or excess.

📍 In Conclusion

Maintenance is a legal right, but not an absolute one. If a wife is financially sound, self-sufficient, or disqualified on grounds such as adultery, desertion, or remarriage, the Family Court may rightly deny or limit her maintenance claim.

🔹 About the Author

Adv. Vivek Mohla
Matrimonial & Criminal Advocate
📞 Contact: 8920508358
📧 Email: [email protected]

www.vivekmohla.com

With over a decade of experience in family and criminal law, I am committed to helping individuals navigate complex legal situations with clarity, empathy, and integrity.

For consultations or legal assistance, feel free to reach out.
Because justice starts with the right advice.

09/04/2025

🕌 Waqf (Amendment) Bill, 2024: Reforms or Overreach?

By Advocate Vivek Mohla
📅 Published on 03.04.2025

India’s legal landscape continues to evolve—and with it, debates around faith, property, and governance. One such debate has been reignited by the recently introduced Waqf (Amendment) Bill, 2024. As a lawyer and someone keenly observing developments in socio-religious jurisprudence, I believe it’s essential to unpack the proposed changes and their broader implications.

🔍 What is the Waqf (Amendment) Bill All About?

At its core, the Waqf system is a charitable endowment rooted in Islamic tradition. Waqf properties—whether mosques, schools, graveyards, or land—are managed by state waqf boards under the guidance of the Central Waqf Council.

The 2024 Amendment Bill proposes significant reforms, including:

Inclusion of Non-Muslim Members in Waqf Boards and the Central Waqf Council.
Removal of Elections to these bodies, replaced by government appointments.
Elimination of the requirement that the CEO of the board be a Muslim.
Redefinition of 'waqf' and fresh powers to the government regarding disputes.
These provisions mark a departure from long-standing practices, and as expected, have sparked a wave of opinions across the country.

🏛️ The Debate: Accountability vs. Autonomy

The government has justified the Bill on the grounds of efficiency, transparency, and inclusivity. It argues that waqf properties—many of which lie underutilized or disputed—must be governed by a structure that ensures accountability and optimizes usage.

On the other hand, several scholars, religious leaders, and opposition voices have raised serious objections. They argue that the inclusion of non-Muslim members and the removal of elections from the process interfere with the community’s right to manage its own religious affairs—a right guaranteed under Article 26 of the Constitution.

There is also genuine concern about waqf properties lacking formal documentation—could this lead to unjust acquisition?

⚖️ Legal and Constitutional Concerns

From a constitutional perspective, the Bill opens up several legal questions:

Does the removal of elections dilute the democratic process within religious institutions?
Could the inclusion of non-Muslims in governance roles be challenged as violating the fundamental right to manage religious affairs?
Can the state’s increased role be viewed as indirect interference in religious autonomy?
As of now, these remain open questions—but if the Bill becomes law in its current form, it is likely to face judicial scrutiny.

🧾 What This Means for the Community

If you are a stakeholder in a waqf trust, a legal professional dealing in property law, or even a student of constitutional law, this is a matter worth watching closely. The amendments could potentially change the way waqf lands are managed, how disputes are resolved, and even how minority rights are interpreted going forward.

✍️ Final Thoughts

Law is never static. It must respond to the needs of time. But reforms must also be respectful of faith, history, and constitutional boundaries. The Waqf (Amendment) Bill, 2024 walks a tightrope—and its impact will largely depend on how it's implemented, interpreted, and perhaps, resisted.

As legal professionals and responsible citizens, we must remain informed, vocal, and engaged with such changes—not just for legal clarity but for the preservation of the constitutional ethos that binds this diverse nation together.

📧 For feedback or legal opinions, feel free to connect at [email protected]
🌐 Visit: www.vivekmohla.com
📞 Contact: 9818098185

08/04/2025

https://vivekmohla.blogspot.com/2025/04/feminism-alimony-question-of-equality.html

Feminism & Alimony – A Question of Equality or Convenience? By Advocate Vivek Mohla Feminism, in its true essence, advocates for equal...

30/03/2025

🚨 बॉम्बे हाईकोर्ट का बड़ा फैसला! 🚨

बॉम्बे हाईकोर्ट ने हाल ही में एक महत्वपूर्ण निर्णय देते हुए कहा कि जीवनसाथी द्वारा आत्महत्या की धमकी देना या प्रयास करना "कुरूरता" के समान है और यह तलाक का वैध आधार हो सकता है।

न्यायमूर्ति आर.एम. जोशी की पीठ ने अपने आदेश में यह स्पष्ट किया कि यदि कोई व्यक्ति अपने जीवनसाथी और उसके परिवार को आत्महत्या की धमकी देकर मानसिक तनाव देता है, तो इसे वैवाहिक संबंधों की क्रूरता माना जाएगा।

यह निर्णय तलाक संबंधी कानूनी मामलों में एक महत्वपूर्ण मिसाल स्थापित कर सकता है।

आपकी क्या राय है इस फैसले पर? 🤔 कमेंट में बताएं! ⬇️

26/03/2025

Judicial Immunity vs. Accountability: Who Judges the Judges?By Advocate Vivek Mohla

The recent discovery of unaccounted cash at the residence of a sitting Delhi High Court judge has reignited the debate on judicial accountability in India. While the Supreme Court Collegium swiftly recommended his transfer and initiated an in-house inquiry, no concrete action has been taken so far. This incident raises serious concerns about the mechanisms in place to address judicial misconduct and the extent of immunity granted to judges.

Judicial Immunity and Its Scope

Judicial immunity is a well-established doctrine that protects judges from personal liability for actions taken in their judicial capacity. This principle is fundamental to ensuring judicial independence, allowing judges to make decisions without fear of retaliation. However, immunity does not extend to actions outside judicial functions, especially when allegations of corruption or misconduct arise.

In India, accountability for higher judiciary members is primarily enforced through an in-house mechanism established by the Supreme Court in 1997. This system allows for internal scrutiny of allegations against judges. While intended to uphold the integrity of the judiciary, critics argue that the mechanism lacks transparency and efficacy, often shielding judges from proper investigation and disciplinary action.

Who Judges the Judges?

The question of who holds judges accountable remains a contentious issue. There are currently three key mechanisms for addressing judicial misconduct:

In-House Procedures – The judiciary has internal protocols to deal with allegations against its members. However, these procedures often operate behind closed doors, raising concerns about their effectiveness and impartiality.

Parliamentary Oversight – Under the Indian Constitution, judges of the higher judiciary can be removed through impeachment. However, this process is highly cumbersome, requiring a two-thirds majority in both Houses of Parliament, making it practically unfeasible. As a result, no judge has ever been successfully impeached in Indian history.

External Scrutiny – Calls for an independent judicial commission to oversee judicial conduct have been growing. Such a body could provide a more transparent and accountable approach to addressing judicial corruption while maintaining the independence of the judiciary.

Measures to Curb Corruption in the Judiciary

To restore public trust in the judiciary and curb corruption, the following measures must be implemented:

Independent Judicial Oversight Body – A national judicial commission, independent of the judiciary, should be established to investigate allegations of corruption and misconduct against judges. This body must have statutory authority to ensure impartial and effective investigations.

Transparent Disciplinary Procedures – The existing in-house inquiry mechanism should be made more transparent, allowing limited public scrutiny and participation of independent legal experts.

Fast-Track Investigation and Action – Allegations of corruption should be investigated in a time-bound manner, and strict action should be taken against guilty judges, including removal from office and legal prosecution.

Asset Declaration by Judges – Judges of the Supreme Court and High Courts should be mandated to publicly declare their assets and liabilities periodically, ensuring accountability.

Whistleblower Protection for Judiciary Employees – Court staff, lawyers, and judicial officers who expose corruption should be provided legal protection and encouraged to report misconduct without fear of retaliation.

Judicial Reforms and Public Accountability – Strengthening the judicial appointments process, ensuring greater representation of ethical and competent judges, and increasing accountability through public consultations can enhance judicial credibility.

Impact on the Judicial System

The recent controversy highlights the inherent challenges in ensuring accountability within the Indian judiciary. While judicial immunity is necessary to protect judges from undue pressure, it must be balanced with mechanisms that can effectively address misconduct. The over-reliance on internal procedures and the impracticality of impeachment have led to a situation where allegations against judges are rarely acted upon decisively.

Public confidence in the judiciary is fundamental to the rule of law. High-profile cases of alleged corruption can erode this trust, making it imperative to implement reforms that enhance judicial transparency and accountability. Strengthening independent oversight mechanisms and ensuring greater public scrutiny can help restore faith in the system.

Conclusion

The judiciary is the pillar of democracy and must uphold the highest ethical standards. The recent case involving a Delhi High Court judge underscores the urgent need for reforms in judicial accountability. While maintaining judicial independence is crucial, it should not come at the cost of shielding corrupt practices. The time has come to introduce stronger, more transparent mechanisms to ensure that the guardians of justice are themselves held accountable.

24/03/2025

"एक राष्ट्र, एक चुनाव – सशक्त लोकतंत्र, विकसित भारत! 🇮🇳 एकजुटता, स्थिरता और प्रगति की ओर बढ़ते कदम, जहां हर मत एक मजबूत भविष्य गढ़े। 🗳️✨"
# # # **📢 One Nation, One Election – A Game Changer for India's Future! 🇮🇳**

India, the world's largest democracy, witnesses frequent elections at different levels—Lok Sabha, State Assemblies, and local bodies—throughout the year. While elections are the soul of democracy, their **recurring nature disrupts governance, burdens the economy, and hampers national progress**.

🔹 **Why "One Nation, One Election" is the Need of the Hour?**

✅ **Seamless Governance** 🏛 – Frequent elections bring repeated **Model Code of Conduct (MCC)** restrictions, delaying policy decisions and welfare programs. A synchronized election cycle will ensure **uninterrupted governance** and development.

✅ **Massive Cost Savings** 💰 – Holding elections at different times **wastes public funds**, with repeated deployment of security forces, election staff, and infrastructure. A unified election will **save taxpayer money** and boost national progress.

✅ **Strengthening Democracy** 🗳 – Continuous elections **fuel vote-bank politics, appeasement, and polarization**. A single election cycle will focus on **real governance rather than short-term political gains**.

✅ **Economic Stability & Growth** 🚀 – Business and investor confidence suffer due to **policy uncertainties** caused by frequent elections. A stable political environment will drive **economic growth and investment opportunities**.

✅ **Reduced Security Burden** 🛡 – Elections require **heavy deployment of police and paramilitary forces**, diverting them from critical national security duties. A single election will **reduce this strain and enhance internal security**.

✅ **Higher Voter Engagement** 🤝 – Voter fatigue due to multiple elections results in **low turnout**. One synchronized election will **increase awareness, participation, and informed decision-making**.

🔸 **Challenges & The Road Ahead**
Despite its **immense benefits**, ONOE requires:
✔ **Constitutional Amendments** 🏛
✔ **Political Consensus Across Parties** 🏆
✔ **Strong Election Infrastructure (EVMs, VVPATs, Staff)** 🔧

🔹 **Conclusion**
*"One Nation, One Election"* is not just a reform—it’s a **revolutionary step towards a stronger, stable, and corruption-free democracy**. A **unified election cycle will ensure good governance, fiscal discipline, and a better future for every Indian**.

**"एक राष्ट्र, एक चुनाव – सशक्त लोकतंत्र, विकसित भारत!"** 🇮🇳⚖