Daily Archives: July 29, 2018

Fathers name optional in birth certificate. But alimony or maintenance is not optional. That is compulsory And men have to pay it at any cost

Father’s name optional in birth certificate, don’t force single mothers: Madras HC

 

The court said it was sufficient for the mother to file an affidavit that the child was born from her womb.

In what may be considered as a huge relief for single mothers and those going for intrauterine insemination across the country, the Madras High Court has ruled that mentioning the father’s name in birth certificates is optional.

The ruling came after a divorcee filed a petition in the Madurai bench of Madras High Court against Tiruchi Municipal Corporation (TMC).

In the petition, she had stated that she gave birth to a baby girl in a hospital in Tiruchi through intrauterine insemination and that TMC had issued a birth certificate with the name of the sperm donor as the father. The petitioner requested TMC to issue a certificate without the father’s name, which was refused by TMC citing that the law does not provide for removing the father’s name from the birth certificate.

The petitioner’s counsel argued that section 15 of the Births and Deaths Act empowers the officials to correct any erroneous entry in the birth and death certificates.

She hence requested the court to direct TMC to issue a corrected birth certificate, reported The Hindu.

Judge MS Ramesh, taking note of the plea, passed an interim order directing the TMC officials to treat the mentioning of the donor’s name as an error and correct it.

In his final order, the judge recorded the civic body’s submission that a corrected birth certificate has been issued to the petitioner.

The court said it was sufficient for the mother to file an affidavit that the child was born from her womb.

Pointing out that neither the Births and Deaths Act of 1969 nor the Tamil Nadu Registration of Births and Deaths Rules of 2000 requires the father’s name to be recorded in the birth register, the judge said that women who decide to raise children with their own income could not be compelled to name the deserters in birth certificates.

“As such, the grievance of the petitioner has been met. Hence, no further orders are required in the present writ petition. However, an incidental issue that arises for consideration is with respect to the authority of the officials to insist upon the petitioner to declare the identity of the father of the child in the birth certificate,” the judge said and went on to deal with the issue in depth, reports stated.

He stated that it would be unfair to compel single or unmarried mothers to declare the name of the father who has expressed no desire to be connected with the child.

“There are also cases where women are constrained to raise children with their own resources in view of their unwilling and unconcerned partners. It would be totally unjustifiable to compel single or unwed mothers to declare the name of the father of the child who had chosen to abandon the child,” the judge said.

Kidnapping children to India is supported by current minister – govt of India. Beware, Be careful, protect your children

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NCPCR mediation cell for women fleeing with kids from abroad to escape domestic violence: Maneka Gandhi

Gandhi said her ministry was desperately looking for a solution for women who have fled from abroad with their child to escape domestic violence or for some other issue.

A mediation cell has been opened on the National Commission for Protection of Child Rights’ (NCPCR) website to register complaints of Indians who have fled with their children from abroad to escape domestic violence or some other issue, Union minister Maneka Gandhi has said.

Addressing a national conference of the state women commissions, Gandhi yesterday said the cell, consisting of members of the Ministry of External Affairs and the NCPCR, would contact the embassies of the respective countries and try to reach a solution after consultations with them.

About why India should not become a signatory of the Hague Convention, she said if India was a signatory, then the child would have to be sent back and the woman apprehended.

“We refused that we would not send our women back so their child is snatched away from them,” the Women and Child Development minister said.

She said her ministry was desperately looking for a solution for women who have fled from abroad with their child to escape domestic violence or for some other issue.

“We haven’t come to a solution, but till a solution is reached this cell has been formed,” Gandhi added.
The Hague Convention is a multi-national treaty that seeks to protect children wrongfully removed by one of the parents from the custody of the other parent.

She recommended members of the women commissions to follow three things — release a book on the performance every year, identify single cases and try to solve them and hire lawyers for women who cannot afford it.

First Published on Jul 28, 2018 11:11 am

TAGS #Current Affairs #India #Maneka Gandhi #NCPCR
Last Updated : Jul 23, 2018 11:19 PM IST | Source: Moneycontrol.com

— Read on www.moneycontrol.com/news/india/ncpcr-mediation-cell-for-women-fleeing-with-kids-from-abroad-to-escape-domestic-violence-maneka-gandhi-2775031.html

NRI property 2 be grabbed IF U don’t follow summons on MEA net portal !! Turning established practices upside down just to GRAB PROPERTY ??

NRI property may be attached IF you don’t follow summons on some online portal by MEA !! They are turning established practices upside down just to….just to… GRAB PROPERTY !!! 😦
Remember this has NOTHING to do with Justice for elders who are on streets, children who are forsaken, children who are kidnapped and husbands killed
1000s of Indian KIDS are being kidnapped to India. No one cares
news item from TOI

MEA developing portal to serve summons, warrants against absconding NRI husbands: Sushma Swaraj

NEW DELHI: The MEAis developing a portal where summons and warrants against absconding NRI husbandswould be served, and if the accused does not respond he would be declared a proclaimed offender and his property would be attached, Union minister Sushma Swarajsaid on Friday.

She said for coming up with such a portal, amendments need to be made in the Code of Criminal Procedure (CrPc) that would allow district magistrate to accept such summons and warrants put on the portal to be “deemed as served”.

The External Affairs minister said the Law Ministry, Legislative Assembly, Home Ministry and the Women and Child Development Ministry have agreed on the proposal.

Swaraj said the move aims to prevent NRI marriages where husbands abandon their wives and abscond or mentally and physically abuse them after marriage in a foreign country.

According to the Ministry of External Affairs, 3,328 complaints have been received during the last three years (January 2015 to November, 2017) from distressed Indian women deserted by their NRI spouses.

In a bid to prevent such fraudulent marriages, the Ministry of External Affairs is developing a portal, where summons and warrants against absconding NRI husbands would be served, and if the accused does not respond he would be declared a proclaimed offender and his property would be “attached”, Swaraj said.

“We are trying if the amendments could be introduced in the Cabinet and we would try to get it passed in the next Parliament session,” she said at the national conference on NRI Marriages and Trafficking of Women and Children.

In the meantime, an inter-ministerial committee has been established for which the Ministry of Women and Child Development is the nodal authority.
The committee also has members from the Law Ministry and the Ministry of External Affairs and based on their recommendations, lookout notices against eight absconders have been issued and their passports have been cancelled.
“The accused whose passports were revoked have surrendered,” she added.
A Women and Child Development official has said the committee has received 70 complaints in the last two months based on which the National Commission for Women conducted its probe and recommended cancellation of eight passports.

 

SOURCE

https://economictimes.indiatimes.com/news/pol itics-and-nation/mea-developing-portal-to-serve-su mmons-warrants-against-abscond ing-nri-husbands-sushma-swaraj/articleshow/65162336.cms

#Murder: #Wife, #lover kill #hubby. Killers smashed head, wife #strangulated. Caught trying to #dispose body

murd

Representative image

 

Murder: Woman, lover kill hubby, use scooter to dispose of his body

Mumbai News

Sandhya Nair

MUMBAI: It might have been a scene straight from Jaane Bhi Do Yaaro: A murdered man’s body, wrapped in a big cloth bundle and sandwiched between two men on a scooter, was being driven to be disposed at a secluded spot in Virar at 2am on Friday.

Cops on night patrol, suspicious of the odd-sized bundle, tried to stop the two but they revved off. After a hot chase for about a kilometre, the scooter got stuck in the muck on the road and skidded. Both riders fell, as did the cloth bundle, but they got up quickly and fled before cops could get to them. When cops checked the ‘bedsheet’, they found the body with the limbs tied and a nylon dupatta around the neck.

Deputy SP Jayant Bajbale said that once the body was identified as that of Yogesh Raut (32), a resident of MD Estate, Virar (W), they called his wife Ashwini (29) to identify it. She gave vague replies that aroused their suspicion. When they questioned her at length, she confessed that she and her lover Raj Arjun had killed her husband along with two accomplices. Arjun, who lives in the same colony and works for a builder, was riding the scooter, while one of the accomplices was on the pillion.

Police said Yogesh had learned of Ashwini’s affair, and they would have fights. Ashwini and Raj made a plan to kill Yogesh ten days ago. Raj roped in a friend, Faizan, who enlisted his own friend, Javed. A housewife, Ashwini agreed to pay ‘contract money’ of Rs 1.5 lakh to Faizan and Javed. She handed over the money to Raj to give it to them.

A little before 2am, when Yogesh, who worked as an electrical contractor, was fast asleep, Ashwini opened the door of their flat for the trio.

All three hit Yogesh on the head with a sharp weapon, while Ashwini used her dupatta to strangulate him. Raj, along with Faizan, carried the body on the scooter to find an isolated spot.

The scooter has been seized, and CCTV cameras at the couple’s building show Raj and Faizan on the scooter with the body, police said.

Police said Ashwini had decided to wait till dawn to lodge a missing complaint. Cops, however, managed to approach her before that, at her home. Her arrest led to the arrests of Raj and Faizan.

Source

https://timesofindia.indiatimes.com/city/mumbai/

July 28th 2018