Really good joke sent by someone… those who file RTI applications will get the moral of the story. Jack and Max are walking from religious service. Jack wonders whether it would be all right to smoke while praying. Max replies, “Why don’t you ask the Priest?” So Jack goes up to the Priest and asks, “Father, may I smoke while I pray ?” The Priest replies, “No, my son, you may not! That’s utter disrespect to our religion.” Jack goes back to his friend and tells him what the good Priest told him. Max says, “I’m not surprised. You asked …[Continue Reading]
Civil and Criminal cases can go on together and independently
To a common doubt of husbands if both family court/civil and 498a/criminal cases filed by wife can go on together, this Delhi HC judgment clarifies as a yes. The below Delhi HC judgment says that there is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds. It refers to several other judgments including Supreme Court’s and basically the matter has to be decided on case by case basis. The main idea of having criminal case finish faster is to let justice be done before the witnesses forget about the crime. …[Continue Reading]
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). Child custody is decided based on principle of paramount welfare of the child. Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent. If the parents decide to have shared custody of …[Continue Reading]
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers. But the law especially Hindu Family law is gender-neutral in both aspects. It is only on case by case basis that a decision can be made about both custody and child support. The …[Continue Reading]
Foreign courts’ jurisdiction cannot be denied in family cases
From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of …[Continue Reading]
Principles and procedures in deciding maintenance under HMA 24
This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact. ——————————————————————– IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACT CM(M) No.367/2007 RESERVED ON : 02-04-2007 DATE OF DECISION: 17-04-2007 Alok Kumar Jain ……. Petitionerthrough: Mr.Sandeep Sethi, Sr. …[Continue Reading]
People living in US can also file RTI’s to Indian PIOs
People living in US can also file RTI’s to Indian PIO by following the belowsteps 1) RTI application to the concerned PIO of the concerned department directly ,for example if it to the MHA then send it to the Home Minister PIO . 2) The RTI application also needs to be accompanies by a check of 27 cents ( Rs10 ) payable to Embassy of India, Washington, DC. 3) Application must be accompanied documentary proof of Indian Citizenship (likecopy of personal particulars pages of passport.) Read link below for full information: http://groups.yahoo.com/group/saveindianfamily/message/150366
Bite the Big Dog and save yourself!
Here is an interesting or shocking news story based on your perspective. Normally a “man bite dog” news will shock people, but it makes me chuckle really! Read the news first: http://www.geelongadvertiser.com.au/article/2009/11/11/120421_news.htmlHere is what I think: 1. This man is like a law abiding Indian citizen. 2. The Big Dog is the corrupt judiciary, police, lawyers, and the whole System which attacks this man’s self-respect, reputation, hard earned money /property mercilessly — the ‘buddy’. 3. This man is astounded and tries every possible thing but is unable to get the Big Dog off his ‘buddy’. 4. The man bites the …[Continue Reading]
RTI Learning — Tutorials, Guides, Templates
A simple 9 step tutorial to RTI. Dummies and even experts can start with this simple tutorial before reading bare act.http://www.sakshitrust.org/Learn_RTI/Online_Tutorial/ Another step by step user guide.http://www.humanrightsinitiative.org/programs/ai/rti/india/user_guide/user_guide.htmThis guide gives information and actual cases of how RTI has been used by people. Very useful to find practical uses of RTI.http://www.prajanet.org/partners/nrti/files/RTI%20booklet.pdfA well written and formatted guide which is all in one. It has information on RTI, practical usage of RTI, templates, CIC decisions and bare act also.http://www.nyayabhoomi.org/rti/RTI_Handbook.pdf Does a template for your problem already exist? Check here templates for many cases:http://rti.aidindia.org/content/view/221/76/Finally, the site where I got all above useful links from. It …[Continue Reading]
Procedure of CAW (Crime against women) cell
Reproducing from post by a SIFF member: The women Cell procedure goes like as follows :- 1. Go there without fear and ask them the copy of the complaint, give it in writing. They will ask you to give something in writing. In your statement mention that you may kindly be given the copy of complaint so that you can properly give your submission. Never admit any allegation of wife. Ask IO to give receipt of your statement if refuses show him the RTI in which they accepted that they give receiving of statement if someone asks. If he refuses …[Continue Reading]
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