Sunita Kabade - Advocate & Trademark Attorney

10/08/2026

Judicial Separation vs. Divorce: Understanding Your Legal Rights ⚖️

​While both legal paths involve a couple living apart, they carry very different legal consequences under the Hindu Marriage Act, 1955.

​Judicial Separation: Suspends marital rights and obligations without terminating the marriage bond. The parties remain legally married and cannot remarry, but it provides space to live apart with a possibility of reconciliation.

​Divorce: Permanently dissolves the marriage. Both parties become legally single and are free to remarry after the decree is granted.

​💡Note- If spouses do not resume cohabitation for one year or more after a decree of judicial separation, it can become a valid ground to seek a divorce under Section 13(1A)(i).

​📍 Adv. Sunita Kabade
📞 [+91 9769236845]

09/08/2026

07/08/2026

07/08/2026

क्या जरुरत थी कानून की किताबें लिखने की,
बस इतना लिख देते कि दौलत जिसकी अदालत उसकी।

07/08/2026

Understanding Indian Matrimonial Law ⚖️

​Marriage laws in India are diverse and deeply rooted in personal personal laws as well as civil statutes. Whether governed by specific religious acts or civil legislation like the Special Marriage Act, understanding the legal framework is the first step toward safeguarding personal rights.

Hindu Marriage Act, 1955: Accurately applies legally to Hindus, Sikhs, Jains, and Buddhists. (Note: Sikhs can also opt to register under the Anand Marriage Act, but they are fully covered under this 1955 Act as well).

​Muslim Personal Law (Shariat) Application Act, 1937: Legally governs marriage contracts, dower, and divorce for the Muslim community in India.

​Indian Christian Marriage Act, 1872: The correct historic legislation governing the solemnization of Christian marriages.

​Parsi Marriage and Divorce Act, 1936: Specifically regulates matrimonial and divorce laws tailored to the Zoroastrian/Parsi community.

​Special Marriage Act, 1954: The primary civil legislation used for interfaith, inter-caste, or purely civil marriages without needing religious conversion.

​Foreign Marriage Act, 1969: Governs marriages where at least one party is an Indian citizen marrying outside the territorial borders of India.

​For legal guidance on matrimonial matters, civil marriages, or personal law disputes, reach out to professional advisor

​💼 Adv. Sunita Kabade
🏛️ Advocate - Family & Marital Law

06/08/2026

Law does not differentiate between love and lineage!

The Rajasthan High Court, in the case of Ashwani Gurjar v. State of Rajasthan & Others, delivered a landmark ruling affirming that a legally adopted son holds the same right to a compassionate appointment as a biological child. The Bench made it clear that if the adoption stands valid in the eyes of the law, a claim cannot be dismissed just because the child isn't biological.

A massive step forward for adoptive families and equal rights! 🤝

05/08/2026

"Matrimonial law is not only about divorce. It is about dignity during breakdown." ⚖️🛡️

​In every family dispute, emotions run high, but justice must remain clear. My priority is to separate emotion from evidence and ensure your rights are firmly protected.

​Connect with me for trusted legal counsel:
📞 9769236845
📧 [email protected]
​

03/08/2026

Protection of Advocate Fees

​"An Advocate’s Bank Account Cannot Be Frozen Only For Receiving Legitimate Legal Fees."
​Legally, professional fees do not equate to 'Proceeds of Crime'.

​📌 Landmark Case:
Ayush Bajpai v. State of Uttar Pradesh & Others (Allahabad HC, 2026)

​🎙️ Adv. Sunita Kabade

31/07/2026

Legal Awareness: What is NBW? (Non-Bailable Warrant)

​An NBW, or Non-Bailable Warrant, is a court order to arrest a person. It is issued when an accused/person's presence in court is essential, and they have repeatedly failed to appear despite summons or bailable warrants, or when the court believes the person is deliberately avoiding the legal process.

​When can NBW be issued?
​Repeated non-appearance in court.

​Evading summons or bailable warrants.
​Reasonable suspicion that the accused may abscond and when the court considers an NBW as the only appropriate step.

​What happens after NBW is issued?
​Police arrest the accused and produce them before the court.

​NBW does not mean bail can never be granted. ​The decision on bail is made by the court based on circumstances and law.

​Relevant Legal Provisions
​Code of Criminal Procedure, 1973 (CrPC)
​Section 70: Bailable Warrant
​Section 71: Non-Bailable Warrant
​NBW and Bail
​NBW only indicates the nature of the warrant (non-bailable).

​It does not automatically mean bail will be denied.
​Granting bail is at the court's discretion according to law.

​Important Judgment (Case Law)
​Inder Mohan Goswami v. State of Uttaranchal (2007) 11 SCC 1
​The Hon'ble Supreme Court clarified that an NBW is a serious step and should not be issued as a matter of course, but only under necessary circumstances. ​The Court Said – "Before issuing a Non-Bailable Warrant, the court should be satisfied that the absence of the accused is deliberate, and that less severe alternatives would not suffice."

​NBW is a court order. ​It is executed by the police. ​It is issued to arrest a person and produce them before the court. ​A Proclamation (under Section 82 CrPC) can be made against an absconding accused.

For more information and queries, please feel free to contact me.

(Paid consultation only)

This post is for general awareness purposes only)

Regards
~ Adv Sunita Kabade