Mediation is a customary procedure ordered by family courts for civil suits relating to family law like divorce, child custody etc. The idea of mediation is to allow parties to dispute to sort out their issues between themselves without going through court procedures. All parties to mediation -- mediator, petitioners, respondents, and their lawyers are expected to work towards that goal.Following is a brief explanation of procedure of mediation.1. Mediation date and time is given by court to both parties - husband and wife parties. On the date of mediation both are expected to appear in Mediation centre of the court premises.2. Mediation is conducted/moderated by an expert who is a lawyer by training and does it pro-bono, i.e, without financial remuneration.3. Mediation process once … [Read more...] about Mediation – what it means and what it entails
Favourable HC judgment relating to children and NRIs
Finally a favourable judgment to law abiding NRIs having children. A Delhi HC has ordered a child with UK passport to be produced before UK courts as ordered by UK court. The mother's plea that it is not in best interest of child did not hold water with high court. The high court has said that since child was brought to India with father's consent and understanding to return to UK, that must be done to begin with.Child with foreign passport cannot overstay in India … [Read more...] about Favourable HC judgment relating to children and NRIs
Official RTI resources
Links to information about Public Information Officer (PIO) for various govt ministries & departments :Information about RTI on various ministries Official link where you can file appeal / complaint on rejection of RTI application:http://rti.india.gov.in/rti_direct_complaint_lodging.phpOfficial link to file second appeal if RTI application rejected:http://rti.india.gov.in/rti_second_appeal_lodging.php … [Read more...] about Official RTI resources
Visitation rights – 1
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
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
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