Anonymous Legal Q&A

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 states that custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, the Supreme Court has consistently held that the word 'ordinarily' is not mandatory and is subject to the paramount consideration of the 'welfare of the child' (*Gaurav Nagpal v. Sumedha Nagpal*). If you can demonstrate through school records, medical history, and daily caregiving logs that the child's psychological and physical welfare is best served in your custody, the Family Court can award primary or shared custody.

Under the doctrine established in *Mobilox Innovations*, an operational creditor's Section 9 petition must be rejected if there is a plausible contention showing the existence of a real dispute raised before receipt of the Section 8 demand notice. If the buyer's email was sent prior to your statutory demand notice, the NCLT is likely to hold that an adjudicatory forum (civil court or arbitration) is required rather than summary insolvency proceedings. You should consult counsel to evaluate whether a commercial summary suit under Order XXXVII CPC is more appropriate.

Under Section 7(i) of the DPDP Act 2023, personal data may be processed for 'certain legitimate uses', which specifically includes processing by an employer for purposes related to employment or for safeguarding the employer from loss or liability. While explicit individual consent may not be required for standard payroll processing, the employer remains a Data Fiduciary and must implement reasonable security safeguards, adhere to data minimization, and prevent unauthorized data leaks.

The PWDVA is primarily a civil remedial statute designed to provide immediate relief such as Protection Orders, Residence Orders, and Monetary Relief through the Magistrate. Police cannot arrest the husband solely under an application filed under PWDVA Section 12. However, if the conduct involves cruelty under Section 498A IPC / Section 85 BNS, that constitutes a cognizable offense where police can register an FIR, subject to the guidelines in *Arnesh Kumar v. State of Bihar* regarding notice under Section 41A CrPC / BNSS prior to arrest.

Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application for setting aside an arbitral award must be made within three months from the date on which the party making the application received the signed arbitral award. The court may entertain the application within a further period of thirty days upon showing sufficient cause, but not thereafter (*Union of India v. Popular Construction Co.*). The statutory period of 3 months + 30 days is absolute and cannot be extended under Section 5 of the Limitation Act.