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Visitation rights – 1

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Below Delhi HC judgment lays down following important points in determining child custody and visitation rights:http://mynation.net/docs/276-2003/Excerpts from judgment in italics followed by my understanding and comments:It has been noticed that the Guardian Judge does not follow a uniform practice in this regard in that sometimes the parent who does not have the custody of the child is granted a meeting of a duration of one or two hours in a month, that too in the uncomfortable and uncongenial environment of the Court, while in other cases weekly visitation or access for several hours is ordered.From above it is clear that there is no uniformity on orders regarding visitation rights. It can vary from 1 hour per month to 1 hour per week.It must also be highlighted that orders of this … [Read more...] about Visitation rights – 1

NRIs having children beware of abusive spouse

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According to recent SC judgment, a precedent has been created in favour of law-abusing NRI spouses.Matrimonial 'offenders' can't be extradited: SCIt is known fact that India is not signatory to Hague convention which means child custody orders in foreign courts are not of significance in India. This means that an Indian parent who 'abducts' own child in foreign country and brings to India can't be touched by laws of adopted country. Even if she/he has foreign court orders against her/him the orders cannot be enforced or respected while in India.So all NRIs who have abusive spouse have to be very careful if they have any children. If the spouse brings children to India, she can file for custody of children in India even if the foreign courts had granted custody to other parent.And … [Read more...] about NRIs having children beware of abusive spouse

NCW should oppose cruelty against all women in household

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http://www.ptinews.com/news/215934_NCW-expresses-concern-over-SC-judgement-on-crueltyThe National Commission for Women (NCW) has expressed serious concern over the recent Supreme Court judgement that said that kicking or threatening wives with divorce by the in-laws cannot be construed as cruelty.SC judgment only says it cannot be construed as cruelty under IPC 498A. The word Cruelty is used in several places in both criminal and civil acts, e.g. in Hindu Marriage Act 1955 married person (more likely woman) can get divorce based on Cruelty by other spouse.NCW Chairperson Girija Vyas has taken up the issue with Minister for Law and Justice Verappa Moily to file a review petition in this matter, an official release said here today.Maybe NCW should ensure that they create a fair /equitable … [Read more...] about NCW should oppose cruelty against all women in household

MIL kicking DIL is not cruelty under 498A

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This recent judgment of Supreme Court (SC) in BHASKAR LAL SHARMA Versus MONICA case has made it to front columns of most newspapers.Full judgment is here:Given that it is an SC judgment, it automatically sets binding precedent for further cases which may have similarity. For purpose of IPC 498A, following portion of judgment could be of value in setting precedent about what constitutes Cruelty under IPC 498A:The allegations relating to the place where the marriage took place has nothing to do with an offence under Section 498A of the IPC. Allegations that appellant No.2 kicked the respondent with her leg and told her that her mother to be a liar may make out some other offence but not the one punishable under Section 498A. Similarly her allegations that the … [Read more...] about MIL kicking DIL is not cruelty under 498A

Domestic Violence act applicable for violence before DV Act came into force

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From Chennai HC judgment here:Unfortunately the PDF does not allow text excerpt to be copied. Pls read carefully Sec 8 of judgment below. It says that Domestic Violence act (PWDVA) can be applicable for act of violence before DV act came into force i.e 26 Jun 2006.http://www.box.net/shared/4qapi58xetFrom another Chennai HC judgment at this site:http://www.lawyerscollective.org/sites/default/files/sarvankumar%20full%20text.doc6. Though the allegations made against the petitioner by the respondent relates to the occurrence that has taken place on 27.6.2006, one of the allegations is that the respondent and the child have been driven out of the household and they are unable to maintain themselves. It is not the case of the petitioner that the respondent and the child are living in the house … [Read more...] about Domestic Violence act applicable for violence before DV Act came into force

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