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Irretrievable Breakdown Of Marriage PDF Print E-mail
Written by Witness   
Thursday, 06 January 2011 08:31


Irretrievable Breakdown Of Marriage
A LAW IN THE MAKING IN INDIA

Anil Malhotra
On june 10, 2010 the Union Cabinet approved the introduction of a Bill. i.e. The Marriage
Laws (Amendment) Bill, 2010, to be tabled in the forthcoming
winter session of ParliamenL it seeks to amend
the Hindu Marriage Act, 1955 and Special Marriage Act, 1954, to provide irretrievable Breakdown of Marriage” as a ground for divorce.
The long awaited move comes more
than a year after the Law Commission of India sun moto took up the study of the subject and in its 2 17th report in March 2009 had strongly made the above recommendation. The Commission examined the existing legislations as well as a number of judgments of the Supreme mrt and High Courts on the subject and was of the view that irretrievable Breakdown of Marriage” should be incorporated as another ground for granting divorce under the provisions of the Hindu Marriage Act, 1955 (HMA and the Special Marriage Act. 1954 (SMA). The Commission also recommended that the court before granting a decree for divorce on the ground that the marriage has irretrievably broken down, should also examine whether adeqLlate financial arrangements have been made for the parties and children.

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CRISP - Recommendations on “Petition praying for urgent need to curb female foeticide” PDF Print E-mail
Written by CRISP   
Saturday, 01 January 2011 11:59

Subject: Recommendations on Petition praying for urgent need to curb female foeticide and request for deposition in front of the Committee.

 Honorable Members of the Committee,

This memorandum is in response to your call for feedback, comments and suggestions on Petition praying for urgent need to curb female foeticide. We would also like to request for an opportunity to present our suggestions and recommendations on this issue. We humbly request for an opportunity to depose in front of the esteemed committee.

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When it comes to parenting, fathers are not an optional extra PDF Print E-mail
Written by Charlie Swinbourne - guardian.co.uk   
Saturday, 01 January 2011 11:56

Cricketer Jimmy Anderson has been criticised for taking paternity leave. But why should women shoulder the responsibility alone?

Many fathers want to take equal responsibility for their children. Photograph: Photonica/Getty Images

My second daughter was born five weeks ago and I was with my partner throughout the labour, until the moment she arrived. There were moments that were harrowing, and moments that were truly magical.
Seeing our baby take her first breath and cry her first cry was amazing, but I wasn't there just for the experience. I was there to make sure that my partner was OK, and to ensure she got the best care possible. I was there in the most painful moments to offer support, and make sure she knew that I understood what she was going through. I was there because, although as a father I can never do everything a mother can do (I can't breastfeed, for example, however hard I try), I believe in taking equal responsibility as a parent, and being there for the birth of our child was the first step towards that.
On Tuesday morning the England cricketer Jimmy Anderson was described as engaging in "advanced macho-man behaviour" by Frances Edmonds on Radio 4's Today programme simply because he flew back home from the Ashes contest in Australia to be present at his baby's birth. In turn, his England coach, Andy Flower, described the timing as "not ideal".
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Corporates run for cover against ‘pro-women’ Bill PDF Print E-mail
Written by S Shyam Prasad & Neethu Reghukumar - Bangalore Mirror   
Saturday, 01 January 2011 11:47

Men feel it is loaded against them as even the RTI Act cannot be used to seek information on false allegations and misuse. Also, punishment for false complaint is not ‘mandatory but discretionary’. Meanwhile, companies scurry to insure themselves against harassment complaints

 

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SC directs Dubai-based wife to grant child access to estranged Indian husband PDF Print E-mail
Written by www.indiareport.com   
Saturday, 01 January 2011 11:30

The Supreme Court has directed a Dubai-based Indian woman to allow her estranged husband to meet their son there.

A bench of justices Markandeya Katju and Gyan Sudha Mishra passed the order while dealing with the custodial battle between the estranged couple, in which the father Sandip Sankar Kedia insisted that the child be sent to India and the mother Pooja Sandip Kedia refusing to do so on the ground he may not return.

Pooja had moved the apex court after the Bombay High Court directed her to produce the child before it on November 22, an order which was subsequently stayed by the bench.

But the apex court keeping in view the sensitivity involved chose to adopt a balance between the conflicting claims by directing that Pooja allow her Sandip to visit their child in Dubai.

"Having heard learned counsel for the parties, we could infer that the petitioner-mother has grave apprehension that if the child is sent to India to spend the vacation with the respondent-father, the child may never return to the mother and due to this apprehension, she has vehemently resisted this application for direction.

"However, even if we were to accept this position and appreciate the apprehension expressed by the mother, we see no reason why the father should be denied the right, to meet the child at least in Dubai,"the bench said pointing out that child will be having his vacation from December 17 to January 3, 2011.

Hence it said,"In order to balance the scales of justice and considering the sentiments of the father also who has a right to meet his son and also in the interest of welfare of the child who requires the affection of both the parents.

"We deem it just and appropriate to allow the father to meet his son by going to Dubai during December 17 to January 3, 2011 and in that event the mother is directed to allow the child to meet his father according to the mutual convenience of all the parties concerned,"the bench said.

 
CRISP - Recommendations on “Amendments in Section 498A of Indian Penal Code PDF Print E-mail
Written by CRISP   
Saturday, 01 January 2011 11:17

CRISP, c/o PBA Srinivasan, B-1/6, Hauz Khas, New Delhi – 110016, Mob: (0) 98716 43443

Ref: CRISP/031210/1 3rd December, 2010

To

Sri Rakesh Naithani,

Joint Director, Rajya Sabha Secretariat,

Parliament House Annexe

New Delhi – 110001

Subject: Recommendations on "Amendments in Section 498A of Indian Penal Code, 1860" and request for deposition in front of the Committee.

Honorable Members of the Committee,

This memorandum is in response to your call for feedback, comments and suggestions on "Amendments in Section 498A of Indian Penal Code, 1860". We would also like to request for an opportunity to present our data, on how the misuse of 498a is detrimental to the future of a child and in this regard, we humbly request for an opportunity to depose in front of the esteemed committee.

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Reflections of a Divorced Weekend Dad PDF Print E-mail
Written by John Douglas Marshall   
Monday, 13 December 2010 07:57
The front door closes and all the air seems sucked out of my apartment. My teenage daughter, that effervescent energy source, is gone for another two weeks. We have had our usual form of fond Sunday farewell - the quick sideways hug of a daughter with breasts. But there are no more traces of her weekend presence once that door closes, no more buzzing of text messages, no more cracker crumbs on the couch, no more Ugg boots on the floor. I feel my daughter's absence acutely, especially in that blue hour after her departure when my main thought is: "Now what?"
Talking on the phone most days will be our only lifeline in Seattle until I see her again and I do realize how fortunate I am to have those regular calls since many divorced dads do not. I also chat every now and then with her older brother in Arizona. Thank goodness for ESPN, providing its steady outpouring of sports for the three of us to discuss across the distance.
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Grandparents seek custody rights PDF Print E-mail
Written by The Windsor Star   
Friday, 10 December 2010 06:19

WINDSOR, ONT.: DEC. 9, 2010 -- Dr. Robert Drake and his wife Susan in Windsor, Ont., on Dec. 9, 2010.   Area grandparents will hold a candlelight vigil on Sunday in support of Bill 22, proposed legislation that would give grandparents rights in child custody disputes.  (JASON KRYK/ THE WINDSOR STAR)



WINDSOR, ONT.: DEC. 9, 2010 -- Dr. Robert Drake and his wife Susan in Windsor, Ont., on Dec. 9, 2010. Area grandparents will hold a candlelight vigil on Sunday in support of Bill 22, proposed legislation that would give grandparents rights in child custody disputes. (JASON KRYK/ THE WINDSOR STAR)Photograph by: Jason Kryk, The Windsor StarSarah Sacheli
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Child Support: Ten Things A Non-Custodial Parent Should Know PDF Print E-mail
Written by By Atty Jason C. Crump   
Friday, 10 December 2010 06:07

By Atty Jason C. Crump

What are the rights of the noncustodial parent who believes that the money he or she is paying is not actually supporting the child but is perhaps padding the pockets of the custodial parent? What recourse does that parent have, and what happens if he or she does not obey a court order to pay?

Because U.S. child support laws are state-specific, this article is intended to give you a general idea of what to do and what to expect if you have one of these questions. For specific guidance on your rights and obligations, please check with an attorney or child support enforcement agency in your jurisdiction.

Here are ten things to know:

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‘Welfare of child vital consideration while entrusting custody' PDF Print E-mail
Written by J. Venkatesan - The Hindu   
Monday, 06 December 2010 11:23

While determining the question as to which parent the care and control of a child should be given, the paramount consideration remains the welfare and interest of the child and not the rights of the parents under the statute, the Supreme Court has held.

Giving this ruling, a Bench of Justices P. Sathasivam and B.S. Chauhan said: “While considering the welfare of the child, the moral and ethical welfare of the child must also weigh with the court as well as his physical wellbeing. The child cannot be treated as a property or a commodity and therefore, such issues have to be handled by the court with care, caution, love, and affection and applying a human touch to the problem.”

Writing the judgment, Justice Chauhan said: “Statutory provisions dealing with the custody of the child under any personal law cannot and must not supersede the paramount consideration as to what is conducive to the welfare of the minor. In fact, no statute on the subject, can ignore, eschew or obliterate the vital factor of the welfare of the minor.”

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