India denies rights for surrogacy mothers

The country where mothers were worshiped as gods denies surrogacy mothers legal status. And she have no legal or any customary rights over the child. The rights of the surrogacy mother was put an end by a gestational surrogacy agreement and the intended parents in the agreement will have all the legal rights over the child born on surrogacy. The ICMR guidelines 2005 even denies the visitation rights of mother for the child delivered by her which was in the mothers paradise for 9 months and 10 days. The child born by surrogacy have on records as mother and father only the intended parents not the surrogacy mother. And no need for the court to interfere in this matter and the agreement signed by the parties in the surrogacy will prevail. The Indian laws only recognize the intended mother as the legal mother. The parental responsibility only applies to the intended parents and the surrogate mother cannot claim any right over the child. Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise but hand over to a contracted party. She may be the child's genetic mother (the more traditional form for surrogacy) or she may be, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo. In some cases surrogacy is the only available option for parents who wish to have a child that is biologically related to them. Even the surrogacy mother cannot change her mind before the child birth and she will be always in the clutch of surrogacy agreement and she will be penalized for violation of the agreement. The Mother goddess are now converted in to child vending machines and even denied some basic rights which the world customs provided. As per the IMCR guidelines the surrogacy child cannot seek the information of the genetic parents and surrogacy parents until the child reaches 18 years. And even after that the child cannot get the information of the name and address of the gamete donor and the surrogate is excluded from the information. In this juncture the state should enact laws for the rights of surrogacy mother and child from (i) deprivation and violation of child rights (ii) non-implementation of laws providing for protection and development of children and (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. For all your queries write to Daniel & Daniel Whattsapp Service No.9840802218.

Will Muslim men’s loose divorce rights

Will Muslim men undergo lawlessness for Divorce when Triple Talaq is banned in India. Now Triple talaq comes under the scanner of Judicial review of the Indian constitution by the supreme court of India in Shayara Bano v. Union of India case. In India fastest divorce is obtained by the Muslim men’s. There is no court to decide the case or no grounds of divorce for Muslim men’s to dissolve the marriage. But for Muslim women’s the dissolution of Muslim marriage Act, is the solution to get divorce from proper court for the limited grounds they have. In case of men there was no barrier or bondages in dissolving their marriage expect to pay maintenance for the iddat period which is maximum 3 month’s and to return the mahar amount. In India the state cannot enact any law which are gender biased under Article 15. It is on the open platforms that Triple talaq is against women’s and gender biased. Muslim men’s get divorce very faster than other men’s who want to wait for decades in the family court. And even in mutual consent an Hindu and a Christian should wait 6 months period after filing the case to have a decree under mutual consent with an pre-condition that the couples are separated one and two years before filing the case for Hindus and Christians respectively. But for the Muslims there was no such waiting period for mutual consent divorce, since they had no codified law except their personal law read with section 65 of Verma Act. Some deliberate discussions are going on whether personal law will come under the ambit of the state law. Some arguments are going the gender biased is the scale for the enactment of state laws and not for personal laws. Even on the recommendations of the law commission of India the gender biased personal laws of Hindus are converted in to gender equality codified laws. The abolition of coparcenery system and equal rights of property for women’s are the modern revolutionary laws in India. The draconian personal laws are now codified in to the rights protection laws. To put an end for all this disputes the Indian parliament should enact codified laws for the governance of Muslim matrimonial disputes as the other religions have their own in this country. Strucking of Triple Talaq without proper laws will bring only chaos in the Muslim community. Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218.

Marriage done by a foreign national by cheating an innocent girl

Advocate Satish Kumar Speaks: A mysterious love story which runs between a Indian and Pakistani now turns a case of Physical assault and torture who was now in the asylum of the High commission of India at Islamabad.It was alleged by Uzma that she was forced to sign the Nikkah Papers at gun point. A 20-year-old Indian woman, identified as Uzma, daughter of Sagheer Ahmed from Delhi, crossed into Pakistan through Wagah Border on May 1 to meet her friend in Islamabad, where she developed a friendship in Malaysia. After the forcible marriage she was maltreated and assaulted with inhumane torture by Mr.Ali. She says that Mr.Ali behaves in a well cultured manner in Malysia turns a culprit in Islamabad. The truth only lies between Uzma and Ali. But any how now Uzma now turns with a different story of cross-border forced marriage. The Islamic culture which comes from Arabia has prescribed four types of Marriage (1) Marriage by agreement (2) marriage by capture (3) marriage by Mahr (4) Mariage by Inheritance , this existed in pre-Islamic Arabia When a man died, his son inherited all his wives except his own mother. In India and Pakistan there exist the first and third form of marriage , the other two forms are prohibited in these modern countries. The above marriage was done in a style of marriage by capture which existed in the barbaric society and not existed in the reformatted Islamic culture. More over Private International law which guides between different nationals provide the marriage between the different nationals should be in accordance with the religion they belong. And if they adopt the civil marriage or religious marriage the foreign national should get permission from her nation. And in case of marriage the parents or relatives of the girl should handover the bride to the bride groom which is the one of the fundamental condition in Muslim marriage. The above case is a clear violation of International guidelines in case of marriage between different nationals. There is no problem for Uzma to make her marriage as null and void . But what will the Indian and Pakistani government will do for the injustice to Uzma. It is the duty of the Pakistani Government to punish Mr.Ali according to their criminal Justice. And for India at this juncture it necessary to protect a vitim Indian women and to get back her to India without any immigration legal formalities since her Passport , Visa and other immigration papers were destroyed by the culprit. And we expect the Indian government to bring back uzma immediately to India and to take steps for the rehabilitation of Uzma without regarding her religion. For all your queries write to Daniel & Daniel Whattsapp Service No.9840802218.

Will Soundarya Rajinikanth will be put behind bars for giving false information in court in her Divorce case?

Advocate Satish Kumar Speaks: Will Soundarya  Rajinikanth will be put behind bars for giving false information in court in her Divorce case? Soundarya has filed Mutual consent divorce along with her Husband Ashwin before the Principal family court at Chennai on December 23. The conditions for mutual consent divorce under Hindu marriage Act should be fulfilled when a couples file consent divorce before the court. The period of marriage should be atleast 1 year before filing divorce. Both the couples should be separated atleast one year before filing the mutual consent petition before the appropriate court. And regarding their matrimonial separation Soundarya has made averments before the court that she and her husband has separated for more than one in their matrimonial bondage. But the Times of India on its December 23 Web Issue has Stated that “Soundarya tweeted in September this year that they had been living separately for more than six months”. Twitter statement of Soundarya available on the twitter site. If it is so Soundarya can prove only 9 or 10 Months matrimonial separation which are on records in media and social media. On the above basis Soundarya has given a false statement that she living separately for more than one before the Family court at Chennai. Now the question is whether the Principal family Court at Chennai will punish and put behind bars for giving false information and statement before the Court. Giving false information in court is an offence under Indian Penal Code. It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law.Criminal proceeding may be initiated against guilty person by making an application u/s 340 Read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence.Punishment is up 7 years imprisonment and fine. When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed u/s 200 before competent magistrate.And it is clear for the sake of obtaining divorce Soundarya has given false statement before the PrincipalFamily Court at Chennai. For all your queries write to Daniel & Daniel whattsapp service No.9840802218

Adulterous wife cannot claim Maintenance or Alimony in Chennai

The Indian Courts declared that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived. The court also distinguished the facts of this with earlier decisions of Supreme Court which had held that Section 125(4) of the Code of Criminal procedure does not apply to divorced wife. so far as adultery is concerned, the above Judgment cannot be made applicable, because even after the decree of divorce, the divorced wife carries the obligation not to live in relationship with any other man. When a Court granted a decree for divorce dissolving the marriage, precisely on the ground that the wife was living in adultery. During the pendency of the said matrimonial dispute before the Family Court, wife filed petition claiming maintenance. As per Section 4 of Section 125 of the Code, “No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. The Author K.P.Satish Kumar M.L. is the leading divorce Attorney in Annanagar Chennai. To Contact Team Daniel & Daniel @ 9884883318 off- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040. Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218.

How to prove adultery before Family Court

In a case, the Indian courts had held that ‘The Court usually infers adultery from the fact that the respondent shared a bed or bedroom for the night with a person of opposite sex other than the petitioner or from the fact that the respondent had been carrying on an association with a person of the opposite sex other than the petitioner and there is evidence of illicit affection or undue familiarity between them coupled with an opportunity for them to have committed adultery.’ Therefore we can understand from the above, to prove adultery, the petitioner has to prove that his/her spouse a. Voluntarily shared a private moment with a person of the opposite sex such as a bedroom, an apartment etc… b. Has an illicit affection or undue familiarity with the person of the opposite sex. This implies acts of the spouse which are generally forbidden by law, rules or customs of the society and which tend to generate suspicion in the mind of a person c. The spouse and the person of opposite sex should have an opportunity to commit adultery. For example, if the accused spouse and the other person are in a room alone for a few moments, the 3rd condition is not satisfied as there is no opportunity for them to commit adultery. d. All the above 3 conditions viz. voluntarily sharing of a private moment, illicit affection/undue familiarity and opportunity to commit adultery should exist at the same time when the said act of adultery is alleged to be performed. This is required so that the conditions of preponderance of probability is met. As mentioned above direct evidence of adultery is not available, circumstantial evidence is required to be produced in courts. It is to be noted that the circumstances should be such that it should lead to a necessary conclusion that adultery was committed. This can be proved by preponderance of probability method enumerated above. Adultery can also be proved by a. evidence of non-access and birth of children b. contracting venereal disease c. confessions and admissions Hence, if the wife delivers a baby or conceives a child, provided the husband does not have access to the wife during the time she was expected to conceive the foetus, is a proof of adultery by the wife. Similarly, if either spouse contracts a venereal disease, it can be argued that such a disease is spread due to sexual intercourse, which the spouse may have had with another partner. Further, any confession and admission by the adulterer is also considered as satisfactory proof of commission of adultery. Author Advocate K.P.Satish Kumar M.L. is the leading family court lawyer in Annanagar Chennai Talk to the Team Daniel & Daniel @ 9884883318 Office:- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040.

Can adultery be condoned by Indian Husbands or Wife

Indian courts have held that adultery can be condoned by the other spouse if he/she cohabits with the adulterer even after the knowledge of adultery. The idea behind this is that adultery is considered as a repulsive matrimonial offence and even after the knowledge of the other spouse committing adultery, if the non-adulterous spouse continues cohabitation, it is considered as a condonation of the act of adultery. The Supreme Court of India in N. G. Dastane vs S. Dastane held that condonation means forgiveness of the matrimonial offense and restoration of spouses to the same position as he or she occupied before the matrimonial offense was committed. Hence, condonation implies both forgiveness and restoration, that is forgiveness by the non-offending spouse and restoration or mending of ways of the offending spouse. If the offending spouse does not mend his or her ways even after commitment of mending ways, it does not constitute condonation of matrimonial offense by the non-offending spouse Author K.P.Satish Kumar is one of the Top Divorce Lawyer in Annanagar, Chennai. To Contact Team Daniel & Daniel @ 9884883318 Office:- 2132, Vasantham Colony, 18th Main Road, Annanagar-West, Chennai-600040.