Sunday, July 15, 2012

Divorce by Mutual Consent in India

Divorces are tough ! But so are marriages that take a toll on your physical/mental well being, divorce is no more a taboo, and people are increasingly accepting the harsh realities of their relationships, and are taking decisions so as to get into better relationships. In India divorce if contested by the other party, can be got only by proof of cruelty (physical or mental), desertion (unjustified separation of 2 years), adultery (sexual intercourse outside wedlock), insanity etc. Since the judicial system is fraught with delays and other systemic problems, a contested divorce can easily take you years in the Court. A divorce by mutual consent on the other hand, is much more pragmatic. It is based on the idea that when two persons agree to get into a relationship out of their free consent, they should have the liberty to end it as well when it turns sour. Now cutting to the chase, here is what you need for a mutual consent divorce:- Before going to the Court. i) A separation of one year before filing the case please note that actual physical separation is not required, even if both parties are sleeping in the same bedroom they can be said to be seperated for the purposes of mutual consent, if they are not living together as husband and wife; ii) A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future; Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU. After Court When you file your divorce by mutual consent petition – it comes up for hearing and your statements are recorded, then the court gives you a period of 6 months (basically to think over your decision) after which, on recording of final statements divorce decree is passed. Monetary Settlement/Maintenance/Alimony/Child Custody issues. A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. If a full and final settlement is reached – the money can be paid before the court at the time of final hearing. In all this procedure enables couples to part away amicably on a good note, without ruinous litigation, and without much expense. From: Daniel & Daniel Helpline:- 9962999008

Saturday, July 14, 2012

How to tackle 498 A Problems- Tips for Husband

"For men in India marriage is a lottery but you can’t tear up your ticket even if you lose” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women. Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost. 498A penalizes cruelty for dowry, almost always comes along with S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you. Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you. Being a Supreme Court Advocate and a Men's Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :- 1. Insist on a dowry-less marriage - Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later ! 2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information; If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices; 3. As per the prevailing law atleast here in Chennai, if your wife approaches a Police Station with her complaint, she is to be forwarded Conciliation CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not initiated right away. Once the matter goes to Conciliation Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :- a) Give you greater confidence, level playing field in the Concilation Cell talks; b) Prevent any hasty arrest on failure of conciliation; All in all nothing to lose in this and in this step 1. Would help a great deal. 4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal there from which may take some time. There are CIC Decisions that would help you here. 5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled) 6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides. 7. Keep a check on your wife’s finances. Would come handy defending maintenance cases. 8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions. 9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure. 10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines ! 11. With a marital property law on the anvil, don't buy property in your name, much less jointly with spouse. The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay ! For Enquiry : Daniel & Daniel Helpline:- 9962999008.

Monday, January 16, 2012

Divorce Tips for Women Who Are Married to a Narcissistic Man

Divorce cases by definition represent legally complex and emotionally challenging proceedings says Emily Doskow. The essential difficulties of divorce proceedings magnify if you are a woman facing a husband with self-centered or even narcissistic tendencies. Specific tips and strategies exist to allow you to best protected your rights and interests in this type of marriage dissolution situation.
Legal Counsel
Despite possessing the right to represent yourself in divorce proceedings, when there is a narcissistic man on the other wide of the aisle, seriously consider hiring an advocate. Perhaps no other tip is more important than engaging experienced legal representation to act on your behalf. Or you can get legal counseling help for 24*7 from +919962999008.

With or without legal representation, another strategy to employ as you proceed to divorce a narcissistic man is mediation. The mediation process involves the appointment of a trained mediator---who specializes in family law matters---to work with you and your husband to resolve issues in your case.. Although the mediator does not make decisions for you, she works to assist you and your spouse in negotiating a settlement of issues in your case.
A mediator is a valuable resource in cases involving a spouse that is more focused on himself than on what is legally permitted or even in the best interests of children.
Written Communication
A helpful tip regarding communication with a narcissistic husband is to put everything in writing. Written communication serves a number of objectives, including relieving you of what very well may be unpleasant phone or face-to-face conversations with your husband.
Email is an acceptable form of written communication; text or instant messaging are not appropriate. Through email communication, you do not need to make immediate responses to communications from your husband. With text or instant messaging you can fall victim to making knee-jerk responses to your self-centered spouse, communications that might not be in your own best interests.
Counseling or Therapy
After living with a narcissistic husband, you may have developed self esteem or other issues. Consider seeking out a counselor or therapy to assist you with any emotional matters afflicting you in the aftermath of your marriage. By addressing these issues you will find yourself empowered to better protect your rights and interests in your divorce proceedings.

From TEAM Daniel & Daniel
To talk to our team for Legal Counseling call: 9884559660

Divorce Tourism- with Marriage Counselling, a new trend.

If you're experiencing marital strife, the thought of sharing your two-week holiday in the Maldives with a marriage guidance counsellor may not be conducive to patching things up.
Now Indian travel firm's idea to use holidays to pull couples back from the brink of divorce catches on, the concept could be heading for Britain.
Mumbai-based KV Tours and Travels is offering 'divorce tourism' packages where couples are accompanied by a relationship counsellor to encourage them to give things another go.
Despite the fact that India has one of the world's lowest divorce rates with one in 100 married couples breaking up, it is apparently on the rise.
KV Tours and Travels chief executive Vijesh Thakker, who was inspired by the break-up of a friend's marriage, said: 'With divorce tourism, what we're trying to do is to bring together couples who are heading towards divorce to stop them.
'Nowadays divorce rates are rising, so we need to sort it out. It's a good thing we're doing. And we're helping domestic and international governments by promoting tourism.
'We're not destiny changers, we want them to treat the trip like a second honeymoon.'
Clinical psychologist and psychotherapist Rhea Pravin Tembhekar said the idea might work in some cases - but not all.
She said: 'If you're fighting about trivial things, like time management or in-laws issues - "my mother, your mother, my money, your money, etcetera" - maybe a holiday might work.
'But sometimes the issues are very critical, like domestic violence. You can't go on holiday and resolve that.'
Daneil & Daniel’s Managing partner Mr.K.P.Satish kumar said this kind of tourism reduces the misunderstanding between the couples and helps to reduce the divorce rates.

From TEAM Daniel & Daniel
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To talk to the Top divorce law expert @ 9884559660.

Sunday, January 15, 2012

After divorce bringing child to another place

A court can grant leave or permission to a person who has custody of a minor child to remove the minor child from the current jurisdiction to live in another jurisdiction. The determining factor on whether or not to allow removal is the best interest of the child standard. The party seeking the right to remove has the burden of showing that the removal is in the best interest of the minor child. To temporarily remove a child from the jurisdiction, the party doing the removal shall inform the other parent or parent's attorney. The removing party shall also provide telephone contact information as well as a prospective date of return. If the removal is to another part of the same state, the custodial party is not required to seek court permission. There are several factors that are considered when determining the child's best interest and include: Will the move enhance the life of the child and of the custodial parent? Is the removal simply an effort to frustrate visitation with the non-custodial parent? What is the motive of the non-custodial parent in frustrating the removal? The court must consider the child's interest in having a healthy can close relationship with both parents as well as other family members. The visitation rights of the non-custodial parent must be considered. Will visitation be realistic and feasible?

A full consideration of the benefits that a child can derive from the financial and emotional well-being of a custodial parent is required. Courts may allow removal when the custodial parent remarries a person from another state. The child may benefit by having the custodial parent closer to the new spouse.

A better job opportunity has also been used as grounds for removal. The increased earnings will allow for a better lifestyle for the child. Currently, there has been a trend against removal. The emphasis seems to be placed more directly on the best interest of the child and less on the opportunity of the custodial parent.

If the non-custodial parent has been highly involved in the child's life, removal would be very difficult to obtain and would provide a hardship to the entire family. The conduct of the non-custodial parent is a major factor in whether or not to allow removal. If the non-custodial parent is absent from the child's life Article Search, the court will be more likely to grant the removal.

From TEAM Daniel & Daniel
Helpline:- 9962999008