Centre to streamline issues related to maintenance

Centre has constituted a district-level committee to address and streamline the issues related to maintenance as large number of women are facing difficulties in getting maintenance despite the fact that the court has ruled in their favour. To resolve the procedural difficulties in accessing money awarded to women by court in cases of divorce or domestic violence, the central ministry of Child Development, Home Affairs and Law and Justice are involved in heavy deliberations on how to effectively deal such complaints from women. The proposed committee will be headed by a district judge with the superintendent of police and representatives from civil society group as its members. This proposal if implemented will bring huge relief to women specifically to those who belong to lower strata of society since they don’t have funds to pursue legal battles. This move of the centre is a step forward in strengthening the rights of women after the recent judgement of Supreme Court which declared the practice of triple talaq as unconstitutional. Post the verdict from Supreme Court, the government has clarified that henceforth any case of instant triple talaq will be treated as a case of domestic violence. The minister of women and child development has written a letter to Law Minister Ravi Shankar Prasad telling him that the ministry has been receiving a plethora of complaints relating to maintenance. The ministry has urged to expedite the working of the committee so that such matters can be addressed at the earliest. Maneka Gandhi said, “The objective is to monitor the timely disbursal of the maintenance awarded by the court. The committee will also supervise the speedy execution of warrants in case one is being issued by the court towards the grant of maintenance. The law ministry is also deliberating on approaching Chief Justice of India and requesting him to issue an advisory to all chief justices of the High court to ensure that the subordinate courts should simplify the procedure and “ensure timely execution of proceedings with regard to grant of maintenance of women. Article by the Mr.K.P.Satish Kumar M.L. Top Divorce Advocate in Chennai For Free legal advice call the top divorce advocate in Annanagar. Daniel & Daniel @ 9840802218

Six-months wait for divorce under Hindu Marriage Act waived off by SC

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. On Tuesday Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory. The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with. This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life. In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year. The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.” The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory. As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved. The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them. The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.” The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period. The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai For Free Legal queries callthe top divorce lawyer in Annanagar. Daniel & Daniel At 9840802218 Daniel & Daniel : 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040, Tamilnadu

Divorced Daughter is eligible for appointment compassionate grounds

The Calcutta High Court held that a divorced daughter comes within the definition “unmarried daughter” and is eligible for appointment on compassionate grounds. Chief Justice Nishita Mhatre, Justice Tapabrata Chakraborty and Justice Dipankar Datta, “The beneficent scheme underlying the settlement would be thrown out of gear in the event, a restrictive meaning is applied and benefits are not extended to a divorcee daughter, who returns back to her father’s family after divorce and cessation of her relationship with her husband. Such interpretation cannot be construed to be an instance of misplaced sympathy or to be based upon a pretentious pulpit of morality.” In the present matter, an appeal was filed challenging the order passed by a single judge in which appellants were denied relief by holding that a divorced daughter of an employee is not entitled to the benefit of compassionate appointment/ monetary compensation. The respondents contended that daughter ceases to be a member of the family once she is married. After getting divorced her status does not change back to daughter. Also, the respondent relied on National Coal Wages Agreement which does not list divorced daughter as a dependent, hence, making her ineligible for appointment on compassionate grounds. The court observed, “There could hardly be and, in fact, there is no dichotomy of lexicographic opinion that the word ‘unmarried’ does not only mean ‘never having been married’ but, if the circumstances do permit and warrant, it may also mean ‘not married on the relevant.” “In construing the words “unmarried daughter”, such construction that sub-serves common good and not the reverse ought to be adopted; and the words “unmarried daughter”, as noticed earlier, are wide enough to take within its fold one who does not have a husband on the material date. There is no earthly reason as to why bearing in mind the purpose or object of the scheme for providing employment opportunity or monetary compensation to a dependent of a deceased worker, the court should cut down the amplitude of the word ‘unmarried’, which is intelligible and can be given full meaning in the context where it is used.” Therefore, in the present matter, the Court granted a month’s time to the respondent to calculate the Appellant’s financial benefits in terms of para 9.5.0(ii) of the NCWA, which gives an option to the female dependent to either accept monthly monetary compensation or employment. Arrears were to be disbursed to her within 2 months. The Author Mr.K.P.Satish Kumar M.L. is the leading Family Court Advocate in Chennai For Free legal queries to call the leading family court Advocate in Annanagar. Daniel & Daniel @ 9840802218

Children born out of void marriages are legitimate

Supreme Court dismissed the appeal filed by Centre, challenging the judgment of Madras High Court which correctly held that children though born out of void marriages are still considered legitimate. This matter pertains to a situation where the son of deceased born out of second marriage was considered for appointment in Southern Railways on compassionate grounds. In the instant matter, the southern railway rejected the claim of appointment as the child was born out of the second wife and the second wife was not entitled to any benefits as per the instructions of the railway board. As per the circular of Railway Board dated 2.1.1992 appointment on compassionate ground cannot be granted to children born out of the second wife. However, the bench Madras High Court did not agree with the Railways contention and while relying on the judgment of Rameshwari Devi v. State of Bihar given by Supreme Court held that the second marriage during the subsistence of first marriage is though considered illegal but children born out of the second marriage are nevertheless considered legitimate and are lawfully entitled to the estate of the father. As per Section 16 of the Hindu Marriage Act, children born out of void marriages are considered as legitimate. The Centre filed an appeal against this judgment of the Madras High Court. The Supreme Court, however, dismissed the petition filed by the Centre and termed it as unnecessary litigation. The Author Mr.K.P.Satish Kumar M.L. is the leading Child custody lawyer For Free Legal quires call the leading divorce layer in Annanagar. Daniel & Daniel @ 9840802218

Instant and Immediate Divorce in India

Supreme court in land mark Judgment has waived a 6 months cooling period in the case of Mutual consent divorce. It held Section 13B(2) of the Hindu Marriage Act is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. It has also said that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. Section 13B(1) relates to jurisdiction of the Court and the petition is maintainable only if the parties are living separately for a period of one year or more and if they have not been able to live together and have agreed that the marriage be dissolved. Section 13B(2) is procedural. He submitted that the discretion to waive the period is a guided discretion by consideration of interest of justice where there is no chance of reconciliation and parties were already separated for a longer period or contesting proceedings for a period longer than the period mentioned in Section 13B(2). Thus, the Court should consider the questions: i) How long parties have been married? ii) How long litigation is pending? iii) How long they have been staying apart? iv) Are there any other proceedings between the parties? v) Have the parties attended mediation/conciliation? vi) Have the parties arrived at genuine settlement which takes care of alimony, custody of child or any other pending issues between the parties? The Court must be satisfied that the parties were living separately for more than the statutory period and all efforts at mediation and reconciliation have been tried and have failed and there is no chance of reconciliation and further waiting period will only prolong their agony. On such cases when a party make a petition to dispense the 6 months cooling period, then the court will use its discretionary power to grant mutual consent divorce as early after a week time. The Author Mr.K.P.Satish Kumar M.L. is the leading divorce lawyer in Chennai. Talk to the top divorce lawyer and send your queries to our whattsapp service No.9840802218.

Self Respect Marriage in Tamilnadu - Register Marriage

What is Section 7a of Hindu Marriage Act 1955 ? To who it is applicable ? In the State of Tamil Nadu, an amendment was introduced by Act 21 of 1967, Section 7-A was inserted in the Hindu Marriage Act. The relevant part of the Section reads us follows :-- "7-A. Special provision regarding suyamariyathai and seerthiruththa marriages.- (1) This Section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnised in the presence of relatives, friends or other persons.- (a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or as the case may be, her husband; (b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or (c) by the tying of the thali, (2) (a) Notwithstanding anything contained in Section 7, but subject to the other provisions of this Act, ail marriages to which this Section applies solemnized after the commencement of the Hindu Marriage (Madras Amendment) Act, 1067, shall be good and valid in law. (b) Notwithstanding anything contained in SECTION 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage Madras Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any Court, but subject to sub-section. 8. Section 8 of the Hindu Marriage Act provides for registration of Hindu Marriages for the purpose of facilitating the proof of such marriages. Under that section, the Stale Government is empowered to make rules providing that the parties to any such marriagemay have the particulars relating'to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose. Thus the section contemplates registration only of marriages which had already taken place. The ceremonies for the marriage are prescribed by Section 7 of the Act. Now Section 7 of the Act is introduced by Madras Amendment Act 21/1967. A marriage has to be solemnized in the presence of relatives, friends or other persons in the manner prescribed in that Section. In a case where the provisions of Section 7 or Section 7-A are not complied with, there is no question of there being a Hindu Marriage between a man and woman, as contemplated by the Act. Without such a marriage (sic)their as prescribed under Section 7 or as prescribed under Section 7-A, there cannot be registration of marriage between man and woman under the provisions of Section 8 of the Act. The Author K.P.Satish Kumar M.L. is the leading family court lawyer in Chennai. Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218.

கணவன் தன்னுடைய 2வது மனைவியை தன்னோடு சேர்த்து வாழ மனு தாக்கல் செய்ய முடியாது.

முதல் மனைவி உயிரோடிருக்கும் போது இரண்டாவது திருமணம் செய்து கொண்ட கணவன் தன்னுடைய 2வது மனைவியை தன்னோடு சேர்த்து வாழ (Restitition Conjugal Rights) உத்தரவிடும் படி குடும்ப நீதிமன்றத்தில் மனு தாக்கல் செய்ய முடியாது. அவ்வாறு செய்யப்பட்ட திருமணம் இந்து திருமணச் சட்டம் பிரிவு 5ல் கூறப்பட்டுள்ள நிபந்தனைகளுக்கு முரணானதாகும். இந்து திருமணச் சட்டம் பிரிவு 11ன் படி அத்தகைய திருமணங்கள் சட்டப்படி செல்லாத திருமணமாகும். எனவே 2வதாக திருமணம் செய்து கொள்கிற போது முதல் மனைவி உயிரோடு இருந்தால் 2வதாக திருமணம் செய்து கொண்ட மனைவியின் மீது இந்து திருமணச் சட்டம் பிரிவு 9 அல்லது 13 ன் கீழ் கணவர் எந்த ஒரு மனுவையும் தாக்கல் செய்ய முடியாது Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218. Talk to the Leading Divorce Lawyer in Chennai @ 9551716256