Mr.Rebates

Mr. Rebates

Sunday, January 24, 2010

CORRUPTION DESTROYS SOCIETIES, REPORT IT TO US.

Become a Member and Stop Corruption in our Society NOW.

http://corruptionmonitor.com/?gclid=CIXigLjUu58CFRwTagod1SHc0A

CORRUPTION DESTROYS SOCIETIES, REPORT IT TO US.



LET US STOP CORRUPTION!

Corruption is becoming prevalent all over the world. Corruption hurts economies, people, and governments.

Corruption is unethical, immoral, and illegal in many societies, religions, and countries. It needs to be stopped. Private organizations, United Nations, and some governments have attempted to stop corruption or at least have tried to prevent it. They have failed, however.

This site is an attempt to expose countries and departments where corruption is taking place.

To fill out an instance of corruption you have experienced yourself or have knowledge of, click the link on the left to share information with the rest of the world.

In addition, if you know of any successful approach that has prevented or reduced corruption, please share it with the rest of the world by clicking the link "Make Suggestions" on the left.

Also, if you know of any published article dealing with corruption and want to share with the rest of the world, click "Share Published Article" on the left.

Also, many government agencies or officials do not care about people and their problems. If you have a problem with any government agency or an official, please report it to us by clicking "File Complaint" link on the left.

THE RIGHT TO INFORMATION ACT, 2005

1. We introduce you to RTI in a logical and easy-to-understand manner.
2. A step-by-step path is laid out before you, supplemented by relevant formats & desirable forms.
3. You are given tips on framing questions so you can avoid pitfalls on the path of RTI.


This website is, in its present form, intended to be of use to the persons seeking information, but we do have plans to build equally good and comprehensive content for the benefit of those assigned the responsibility to provide information.

PRESS Link
http://www.nyayabhoomi.org/rti/full_act.htm

THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005

[15th June, 2005]

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Whereas the Constitution of India has established democratic Republic;

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

Hindu Marriage Act, 1955

Hindu Marriage Act,1955

[25 of 1955,dt. 18-5-1955]

An Act to amend and codify the law relating to marriage among Hindu
Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:

View the Link for more details.

http://registryoffice.up.nic.in/pdf/hindumarriage.pdf

Mutual Divorce in India

If you are planning to get a divorce, mutual divorce should always be preferred to a contested divorce. Obtaining divorce through mutual consent is quite advantageous as it saves both time and money. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. Any marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.


Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months. The Indian judicial law believes that the extended time span might workout well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever.

A Brief Outline of the Procedure of Mutual Divorce in India

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.

A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.

•Custody of Child

•Return of Dowry Articles / Istridhan of Wife

•Lump Sum Maintenance Amount of Wife

•Litigation Expenses

For a mutual divorce in India, we would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.

http://www.indidivorce.com/mutual-divorce-in-india.html

Mutual consent divorce gets easier

Satya Prakash , Hindustan Times


New Delhi, September 03, 2009

A Hindu marriage can be dissolved under the provision of mutual consent even if one of the parties withdraws approval of the dissolution before the statutory period of six months expires following the application for divorce.

By law, both the parties are required to re-confirm their mutual consent after six months.

The court used its extraordinary powers under Article 142 to virtually re-write the law on divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955. A Supreme Court bench headed by Justice Altamas Kabir granted divorce by mutual consent to a couple from Chhindwara in Madhya Pradesh despite the wife having withdrawn her consent.

The court used its extraordinary powers under Article 142 to virtually re-write the law on divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955.

But the court made it clear that high courts or civil courts could not pass such orders because they did not have these extraordinary powers.

According to Section 13 B of the Act, a divorce by mutual consent can be jointly filed by the parties on the grounds that they have been living separately at least for a year.

The court took note of the fact that the wife had made it clear that she would not live with the petitioner (husband) but also she was not agreeable to divorce by mutual consent.

In the present case, the wife withdrew her consent and accordingly, the second additional district judge, Chhindwara, dismissed the petition for divorce in 2005.

The husband challenged the verdict in the Madhya Pradesh High Court, which upheld the trial court’s order.

http://www.hindustantimes.com/News/india/Mutual-consent-divorce-gets-easier/Article1-449710.aspx

Maintenance Orders

Maintenance

In India, family courts can pass an interim order on maintenance to a spouse when s/he is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.


Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce.

The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.

For example, if the husband has a take home income of one lac per month and the wife has a take home income of twenty thousand and they have no children in a marriage of 2 years, then the wife can theoretically get Rs.4000 as maintenance. How? The total take home income is one lac and twenty thousand and twenty percent of it comes to Rs.24,000. So, the woman gets Rs.4000 per month, so that her total income (her income+maintenance) becomes Rs.24,000.

If the couple have a child and the woman has the child custody, then she may get a maintenance amount of Rs.10,000 to Rs.16,000 per month so that her total income becomes Rs.30,000 to Rs.36,000 per month. Apart from that there can also be a judicial order defining the details on how the expenses for high studies of the child are shared. If the child decides to stay with the father after the age of 5, then the maintenance amount to the woman gets reduced accordingly.

If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

Similarly in a marriage of six months, if the wife is not working, but she has a masters degree and the husband has a monthly take home income of rupees one lac, then she may get a maintenance amount between Rs.8,000 to Rs.12,000 per month. Why? Because the argument would be that she has the capability to work and support herself.

Sometimes, the wife is also ordered to pay maintenace to the husband when the husband has a very small or no income compared to his wife’s income. In recent past, such orders are passed by high courts in Cuttack and Lucknow much to the annoyance of some feminists and media. But, laws have to be the same irrespective of gender. Is not it?

So, economically empowered women do not get maintenance or they may even have to pay maintenace to their husbands in case of divorce.

The maintance amount can get higher if its a long marriage. The parents can also claim maintenace from their grown up earning children. Even though, it is not clear, if they can claim maintenance from their earning daughters as today daughters have equal property inheritance rights.

It must be noted that neither the husband nor the wife can make claims on the property(residential or otherwise) of the other during divorce. So, some intelligent men make sure to get residential property registered only in their name, when they apply it through a bank loan. But, most other foolish men (being misguided by the builders) register the property in joint names, while its the man who pays fully for the bank EMIs. In case of marital conflict and divorce, the condition of such men becomes extremely miserable as they are already under a debt of rupees 20 lacs to 30 lacs and the wives make a claim on it apart from the maintenace they may get in the court. I know, some other men asking their working wives to pay for half of the property and loan so that the property can be registered in both names. These wives sometimes start complaining that he is asking dowry as they feel its only a man’s duty to provide for the family and the common expenses.

A woman or man stops getting maintenance from his/her spouse once s/he gets remarried unless they have a child. So, often women ask for a one time out of court settlement (or alimony) in stead of divorce. The man may agree to it or he can decline to it saying that he would prefer to give monthly maintenace.

For young guys (say techies within age group of 25 to 30) in marital conflicts, the maintenance amount given to their non working wives can be between Rs.2000. to Rs.7,000 (if they earn a salary between Rs.18,000 to Rs.50,000) provided they have no children.

So, often lawyers advise the women to file false dowry cases, so that the woman can force the guy to pay up a huge settlement/alimony (out of the court) in stead of going for a monthly maintenance. A monthly maintenance of Rs.3000 is in no way comparable to an one time alimony of Rs.10 lacs. But, the guy becomes bankrupt in such a situation as he ends up not only losing all his savings, but also takes loan from family and friends. He not only pays the alimony, but also ends up spending time in jail with his family, loses reputation, may be even the job, pays bribes to the police to stop harassing his family and the huge legal expense for bails and fighting the multiple cases. There is no way he can think of marrying again as he simply has no money to pay for even the marriage expenses. Of course, the painful experience can also keep him miles away from the very word marriage. On the otherhand, the woman’s dowry case is fought by the public prosecutor(ie. the lawyer from the State paided by the taxpayer’s money).

Its is alleged by some that the lawyers of both sides may also profit from this kind of a settlement. Its not at all surprising, if a husband finds himself cornered by his own lawyer, who keeps on pestering to go for a settlement, pay alimony, marry another girl (immediately) and live happily ever after.

The child is an important factor in a marital conflict, especially when the child is below the age of five. Fathers have natural right to child visitation. But, women can often evade the instructions/law and deny child visitation rights to the fathers. I have seen such fathers being allowed to meet their children once in a week or two just for an hour in the family court complex in Bangalore as in the police keeps dragging chained criminals into the vehicles in the background.

Divorce By Mutual Consent, section 13 B

Whole process of divorce by mutual consent. First thing which you have to see under which Act your marriage was solemnized. In case you both are Hindus & married according to the Hindu Marriage Act,1956 then you both can apply for divorce by mutual consent under section 13-B of this Act. Now what are the things you have to take care in such petition for divorce by mutual consent :-

1. You can file any petition for divorce only after one year has passed for such a marriage,
2. You have to file a joint petition U/S13B of the Hindu Marriage Act,1955,it means you both have to sign it & stamp; verify it jointly,
3.  If you have any proof of your marriage e.g. marriage certificate etc you have to attach a true copy of such certificate with your petition,.
4.  You have to mention in your petition the status & stamp; place of residence of both the parties before the marriage & at the time of filling of this petition,
5. You have to mention the period of your separation before filing of this petition which in any case should be more then one year,
6. You have to mention that both of you agreed for this divorce by mutual consent & this mutual consent has not been taken by fraud or force or any undue influence.
7. You have to mention that there is no collusion between the parties in filling such a petition.
8. You have to mention that this court has jurisdiction to entertain this petition.
9. That there is no unnecessary delay in filling this petion .
10. You have to mention there is no legal ground why this relief should not be granted, next you pray that this relief of divorce should be granted to you, both of you put your signatures, write a Para about verification of the petition & both of you sign this verification. Along with this joint petition you should even file affidavits signed by both of you &, attested by the oath commissioner were you satisfy the facts mentioned in the petition as correct &, best of your knowledge.
You have to put necessary court fee stamp on this petition &, even both your passport size latest photographs on the top of the petition, file this in the district court registry which will assign this petition to the designated family court of the district where both of you have to present on the first day of hearing.
The family court judge will go through the petition &, may ask you any question he/she likes regarding your marriage or married life, regarding you children, their custody &, maintenance and alimony etc. You can even be asked incase you both are interested in any sort of family/matrimonial counseling during the period before this divorce is finally decided after six months statutory time period.
Next a date for final hearing is fixed which can be any time after six months of filling of this petition but not beyond 18 months when again both of you appear & tell the family court your final decision if you both still want the divorce or reunite as husband & wife, if you tell that you still want divorce as there is no chance for any reconciliation the Family court will pass the order for divorce. This is the brief procedure one has to follow while taking divorce by mutual consent.

The Dowry Prohibition Act, 1961

Press the link to take you to the act

The Dowry Prohibition Act, 1961


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(Act no. 28 of 1961)


Knowledge is Power

The Protection Of Women From Domestic Violence Act, 2005

CONTENTS
Sections


                    Particulars

1.            PRELIMINARY

2.            Short title, extent and commencement.

3.           Definitions.

4.           DOMESTIC VIOLENCE

5.            Definition of "domestic violence"

6.          POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.

7.           Information to Protection Officer and exclusion of liability of informant.

8.           Duties of police officers, service providers and Magistrate.

9.            Duties of shelter homes.

10.            Duties of medical facilities.

11.            Appointment of Protection Officers.

12.            Duties and functions of Protection Officers.

13.            Service providers.

14.           Duties of Government.

15.          PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

16.            Application to Magistrate.

17.          Service of notice.

18            Counselling.

19.            Assistance of welfare expert.

20.          Proceedings to be held in camera.

21.         Right to reside in a shared household.

22.           Protection orders.

23.          Residence orders.

24.           Monetary reliefs.

25.           Custody orders.

26.        Compensation orders.

27.          Power to grant interim and exparte orders.

28.         Court to give copies of order free of cost.

29.         Duration and alteration of orders.

30.           Relief in other suits and legal proceedings.

31.          Jurisdiction.

32.            Procedure.

33.           Appeal.

34.           MISCELLANEOUS

35.            Protection Officers and members of service providers to be public servants.

36.           Penalty for breach of protection order by respondent.

37.            Cognizance and proof.

38.            Penalty for not discharging duty by Protection Officer.

39.          Cognizance of offence committed by Protection Officer.

40.          Protection of action taken in good faith.

41.         Act not in derogation of any other law.

42.           Power of Central Government to make rules

Steps to prevent getting fooled by lawyers .......... 1

To prevent getting fooled by any lawyer ... whether recommended by SIF ... whether lawyer found in SIF meeting ...... or any lawyer appointed otherwise. I would recommend all those members who can spend money to please at least purchase the following law books


Protection of Women from Domestic Violenc Act (Bare Act)
Dowry Prohibition Act (Bare Act)
Dowry Prohibition Act with Delhi State Amendments (Bare Act)
Right To Information Act (Bare Act)
Code of Criminal Procedure (Cr.P.C. Bare Act)
Indian Penal Code (I.P.C. Bare Act)
Civil Procedure Code (C.P.C. Bare Act)
Marriage Act of your religion ie Hindu Marriage Act (Buy Commentary)

The purchase of all these books will be hardly between Rs.2,000/- to Rs.3,000/- and you may read them in your spare time or leisure. All those who can afford, must buy them.

Remember people get misled, fooled or misguided only when they are not aware of even the basic law. Remember the famous maxim that is KNOWLEDGE IS POWER

Also the more law books that members read will give them and collectively the group more knowledge in combatting this legal terrorism

Alternately all these acts are also available on the websites like :


http://www.indiankanoon.org/

http://www.vakilno1.com/

Blogs
http://community.webshots.com/user/call2umesh

http://www.savefamily.org/
http://www.mynation.net/
http://biasedlaws.blogspot.com/
http://corruptjudiciary.blogspot.com/
http://scslaves.blogspot.com/
http://498aprotest.blogspot.com/
http://sluggishjudiciary.blogspot.com/
http://dvaware.blogspot.com/