Daily Archives: October 1, 2013

Woman wants divorce to change marital status on passport !! wants to be single before going abroad !!

Woman wants divorce to change marital status on passport !! wants to be shown as single before going abroad !!

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Woman denied divorce for showing ‘single’ status

15:5 HRS IST

New Delhi, Sep 20 (PTI) Terming it as a "peculiar" matter, a Delhi court has dismissed a woman’s plea seeking divorce to show her marital status as ‘single’ in her passport since she wanted to go abroad and live with her son.

The woman had earlier sought divorce citing cruelty and desertion but later revealed to the court that she was seeking divorce only because she wanted to show her marital status as single in the passport.

source
http://www.ptinews.com/news/3996917_Woman-denied-divorce-for-showing–single–status-in-passport-.html

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

No mediation officers in Kanpur Nagar since Feb ’12; all posts vacant, family court cases drag on!

No mediation officers in Kanpur Nagar since Feb ’12; all posts vacant, family court cases drag on!

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Absence of mediation officers affects work at counselling centre

Anant Shekher Misra, TNN Sep 30, 2013, 12.13PM IST

KANPUR: The work of Paramarsh Evam Sulah Samjhauta Kendra (Advisory and compromise counselling centre) in Kanpur court is being affected due to absence of mediation officers in Kanpur Nagar.

There are a total of four posts of mediation officers in the centre but all are lying vacant since February 2012. State Vidhik Sewa Pradhikaran had scrutinized the applications of 12 candidates for the same and convened their interviews in February 2012 but no appointments were made. According to sources, the district secretary had sent a few reminders in this regard but there was no reply from the state pradhikaran.

According to records, earlier there were four mediation officers- MS Bakshi, Meenu Dubey, Sukhbir Singh Malik and Asha Singh. But after their term expired on February 2102 , no appointments were made to fill the vacant posts in the centre.

The records revealed that majority of cases received by this centre are from family court. On an average, the centre receives 50 files per month from the family court for mediation. To solve these cases the mediation officers used to call both husband and wife and make all efforts to reunite them. While many times they succeeded but if they felt that divorce was inevitable they used to convey their advice to judicial official family court.

The mediation officers were paid Rs 200 per day and had to sit twice in a week. In all there were four sittings of two groups in a week. During their tenure MS Bakshi, a mediation officer stated that money was secondary for them and they felt it to be a social service to help a family to reunite.

In the absence of mediation officers, the family court of Kanpur Nagar is sending all the cases to mediation centre of Kanpur Nagar. According to family court official the Apex court had passed a clear direction that all the matrimonial cases, in which both the parties had appeared, be sent to mediation centre and every effort be made to save the marriage. Earlier the court used to send all these cases to Pramarsh Evam Sulah Samjhouta Kendra and mediation centre. In this way the work was divided and was speedy but now centralised at mediation centre, the work speed is also being affected.

Gagan Bharti, secretary zila vidhik sewa pradhikaran, while talking to TOI, said reminders have been sent to state pradhikaran but there was no reply from them so far. However, mediation work is not being affected as mediation centre is working with full capacity.

source
http://articles.timesofindia.indiatimes.com/2013-09-30/kanpur/42535189_1_mediation-centre-family-court-counselling-centre

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Karnataka HC’s decision to grant joint custody hailed by activists ! hope a 1000 such decisions follow

Karnataka HC’s decision to grant joint custody of adolescent hailed by activists

Payal Gwalani, TNN | Oct 1, 2013, 12.11 AM IST

NAGPUR: While giving joint custody of kids to separated parents is a norm in most countries, India only has a few such examples. Karnataka high court asked a divorced couple to take custody of their 12-year-old son for six months each, the first time this has happened in the state. The decision, taken earlier this month by a divisional bench consisting of Justices NK Patil and B Manohar, is being hailed as a landmark judgment by activists working towards the shared parenting movement in India.

Both the parents were given visitation rights during the weekends. The expenses towards the child’s education and other needs also have to equally shared by both the parents. While making the judgment, the jury noted that in his age, the child needs the love and care of his mother as well as the guidance of his father. The jury also said that the boy can take his own decision about whom to stay with once he attains adulthood.

"It is a very practical and appreciable decision. This judgment will go a long way in solving thousands of cases in our family courts all over the country," said Kumar Jahgirdar, president of Bengaluru-based NGO Children’s Rights Initiative for Shared Parenting (CRISP).

He also suggested that a counseling session in the mediation centre of family courts be made compulsory for explaining the advantages of shared parenting and how it benefits children. Before the decree of divorce is allowed to the couples, the issue of shared parenting must be made mandatory, he added. CRISP has also demanded the creation of a separate Union Ministry for Children and to de-link the same from the present Women and Child Development (WCD) ministry, since their objectives are different.

Rosini Periaria, founder of NGO Voice of Women, also supports the cause of shared parenting. She suggests that interviews of children, especially when they are of tender age and in a hostile environment, must be banned. "Documents like passports, school admission forms, bank accounts details, medical reports etc should be always with the consent and signature of both biological parents," she said.

CRISP also believes that due consideration should be given to both sets of grandparents to have equal access to their grandchild.

source

http://timesofindia.indiatimes.com/city/nagpur/Karnataka-HCs-decision-to-grant-joint-custody-of-adolescent-hailed-by-activists/articleshow/23320068.cms

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist