Section 10A of Divorce Act, 1869 has been declared unconstitutional. Issue was related to a Christian marriage

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🟨  _*Section 10A of Divorce Act, 1869 has been declared unconstitutional. Issue was related to a Christian marriage. See citation Anup Disalva v Union of India [2022] GCtR 1649 (Kerala)*_

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What To Do When My In-laws Harass Me

The worst part of being harassed by in-laws is that the victim himself or herself feels that it is something that should not be discussed with anyone. This makes the situation even worse. One more wrong perception which ruins the situation is that it is only women who are being harassed but it is something which is not true. Even a man may be harassed by his in-laws.

Harassment of a Woman by Her In-laws

There are a number of means and ways through which a woman can be harassed by her in-laws. The harassment may be either by her husband or her mother-in-law or by any other in-laws. A woman can be harassed by:

• with the intention to cause mental torture.

• Denying the paternity of her children in order to torture her mentally.

Suggested Reading: Why Mediation is Important in Divorce Cases

What Can be Done in Case of Harassment by In-laws

Most of the women in the country are unaware of these circumstances which would amount to cruelty and gives them a right to use a legal weapon against her in-laws. The provisions of law dealing with the harassment of a woman by her in-laws are Sections 498- A, 509, 304-B, 306, of the Indian Penal(IPC), the Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.

Section 498-A, Indian Penal Code

This section covers the cruelty committed either by the husband or by any relative of the husband against a woman. The cruelty may be physical or mental. This is a provision of law which was created for the very purpose to protect a woman from any harassment which she becomes a victim of in her matrimonial home. This is commonly known as the dowry harassment act.

• Cognizable
• Non-Bailable
• Non-Compoundable
• Finable
• Imprisonment up to 3 years

The worst thing about this Section is that it has a loophole which has given the cunning people of the society to use this as a tool to threaten a person and try to extort money from him and his family.

Section 509, Indian Penal Code

If any persons intend to insult the modesty of a woman through any phrases, words, act, or gesture shall be punished under this section. If the in-laws use any words or phrases or make any gesture against her or do any act either in her presence or to her shall be punishable under this section.

family.

Harassment of a Man by His In-laws

There is a misconception in the country that a man cannot be harassed by his in-laws. It is believed that it is always a man who is the accused in matters of domestic violence and harassment but it is not true. The Indian society is still not able to accept that a man can become a victim of harassment by his in-laws. Even a man can be harassed by his in-laws either in the form of domestic violence or harassing him mentally or physically. There are hardly any laws which deal with the harassment of a man.

However, ingenuity of lawyers can create some solutions in some specific situations.

Here are some of them:

1. Filing a defamation case
2. Filing a theft case
3. Filing a criminal complaint for harassment
4. Filing a criminal complaint for simple hurt or grievous hurt in case of physical violence

There are a number of other crimes for which both men or women can complain. Consult a lawyer and discuss your specific situation. Feel free to submit your case in

Conclusion

The harassment of a man or a woman by his or her in-laws is a topic which needs a lot of attention both by the legislative as well as by the common people. The legislative has made certain acts which deals with the matter but due to the fact that the common people are not able to accept that this is such an important issue to deal with.

The condition is even worse in the case of a man being harassed as there are hardly any laws which gives protection to a man against harassment. For this, there is a strict need to amend some of the acts and to bring man under the definition of a victim.

child welfare in india

The core child protection legislation for children is enshrined in four main laws: The Juvenile Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child Marriage Act (2006); The Protection of Children from Sexual Offences Act (2012), and The Child Labour (Prohibition and Regulation) Act (1986 ...

Child Protection Services is Government of India’s (GoI’s) flagship programme to provide preventive and statutory care, and rehabilitation services to children in need of care and protection and those in conflict with the law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.

This brief uses government data to analyse CPS performance along the following parameters:

Trends in overall GoI allocations, releases and expenditures;
State wise GoI releases and expenditures;
Child Care Institutes (CCIs) and beneficiaries;
Registered cases of crimes against children.

Child Welfare Committee

For the Children in need and care of protection, State Government may, by notification in Official Gazette, constitute for every district or group of districts, specified in the notification, one or more Child Welfare Committees for exercising the powers in relation to child in need of care and protection under this Act.

The Committee shall consist of a Chairperson and four other members, of whom at least one shall be a woman and another, an expert on matters concerning children. The Committee shall function as a Bench of Magistrates.

A child in need of care and protection is produced before CWC for being placed in safe. The Committee has the final authority to dispose of cases for the care,protection,treatment,development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.

Any child in need of care and protection may be produced before the committee by one of the following persons:-

• Any police officer or special juvenile police unit or a designated police officer;
• Any public servant;
• Child line, a registered voluntary organization or by such other voluntary organization or an agency as may be recognized by the State Government;
• Any social worker or a public spirited citizen authorized by the State Government; or
  By the child himself.
• For care, protection, treatment, development and rehabilitation of the children in need of care and protection, the state has following semi govt. children/shelter Homes:

Marriage is an institution where two people, a man and a woman accept each other on the basis of trust and companionship and starts a new life together. But in unfortunate and unexpected circumstances it becomes difficult for both the partners to live a joyful married life, and then there comes a point of dissolving the marriage and the word comes in mind is “DIVORCE”. In this article we will talk about the Divorce in Muslim Law by a mutual consent which means that how the divorce is made when both the husband and the wife are ready get separated forever and come out of the non tolerable relation. Though, the Muslim Law is made on the idea of saving the marriage instead of ending it.

PROCEDURE OF DIVORCE IN MUSLIM LAW BY THE MUTUAL CONSENT

Marriage is an institution where two people, a man and a woman accept each other on the basis of trust and companionship and starts a new life together. But in unfortunate and unexpected circumstances it becomes difficult for both the partners to live a joyful married life, and then there comes a point of dissolving the marriage and the word comes in mind is “DIVORCE”. In this article we will talk about the Divorce in Muslim Law by a mutual consent which means that how the divorce is made when both the husband and the wife are ready get separated forever and come out of the non tolerable relation. Though, the Muslim Law is made on the idea of saving the marriage instead of ending it.

In Islamic divorce procedure through mutual consent, there are two ways to get divorced or dissolve the marriage. One is the “Khula” divorce and the other is “Mubarat” divorce form. In both these ways, wife agrees to let go of her dower or some part of any other property. In a case of mutual consent divorce in Muslim Law, the wife needs to pay some amount of the compensation for dissolving the marriage and getting separated.

Khula

Under this method of getting divorce in a Muslim Law, wife agrees to give the consideration to the husband about her separation from the marriage union. Leaving the husband from making the payment of Mahr to the wife is also one kind of a consideration.

Mubarat

Under this method of divorcing under the Islamic law, both wife and husband are not ready to live together anymore and want to get separated as soon as possible dissolving the marriage.

• The husband or the wife, either of them can make the offer.
• The other spouse must need to accept the divorce proposal.
• Once it is accepted by the other partner, it becomes irremediable.
• Iddat period is mandatory before the divorce is approved.

If we talk about Sunnis, when the husband and the wife opt for mubarat then all of their mutual rights and obligations becomes meaningless and comes to an end. In case of Shias, they insist on a proper documental form. The Shias believe that the word mubarat must be followed by the word Talaq, otherwise the divorce is meaningless.

In both, Shias and Sunnis, mubarat (mutual consent divorce) is irreparable. Other requirements are as same as what are in khula and the wife must have to follow the period of iddat and in both these ways, a divorce is basically an act of both the partners and thus, no intervention by the court is entertained.

Married Woman cannot be said to be 'dependent' on her deceased mother for compassionate appointment: Supreme Court

The Supreme Court recently held that a married daughter cannot be said to be 'dependent' on her deceased mother and, therefore, would not be entitled to appointment on compassionate grounds [State of Maharashtra and Another v. Ms Madhuri Maruti Vidhate].

A division bench of Justices MR Shah and Krishna Murari made this clarification on an appeal filed by the Maharashtra government challenging a decision of the Bombay High Court which had confirmed the order passed by the Maharashtra Administrative Tribunal directing appointment of the respondent on compassionate grounds.

The father of the respondent was in the clerical cadre serving with the appellant. After his death, his wife, i.e., mother of the respondent was appointed on compassionate ground. However, she died while in service.

Thereafter, the elder sister of the respondent made application seeking appointment on compassionate ground.

sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life

As perRule 54(6) of the CCS (Pension) Rules, 1972, a child/sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life if he or she is suffering a disability which renders him unable to earn his livelihood.

Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions
08 FEB 2021 5:47PM by PIB Delhi

Government relaxes norms for family pension to disabled survivors

Government has issued instructions to liberalise the income criteria for eligibility of a child/sibling of a deceased Government servant/pensioner for grant of family pension under CCS (Pension) Rules, 1972. The relaxation is granted for family pension to disabled survivors as they require greater medical care and financial assistance. The Government is of the view that the income criteria for eligibility for family pension, applicable in the case of other family members, may not be applied in the case of a child/sibling suffering from a disability.  The Government has, therefore, reviewed the income criteria for eligibility for family pension in respect of a child/sibling, suffering from a disability and has decided that the income criteria for eligibility for family pension to such children/siblings shall commensurate with the amount of the entitled family pension in their case.

Accordingly, Department of Pension & PW has issued instructions/orders on 08.02.2021that a child/sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if his/her overall income, other than family pension, is less than the entitled family pension at ordinary rate i.e. 30% of the last pay drawn by the deceased Government servant/pensioner plus the Dearness Relief admissible thereon.

 

As perRule 54(6) of the CCS (Pension) Rules, 1972, a child/sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life if he or she is suffering a disability which renders him unable to earn his livelihood.  Presently, a member of the family, including a child/sibling suffering from a disability, is deemed to be earning his livelihood, if his/her income from sources other than family pension, is equal to or more than the minimum family pension i.e. 9000/- and the Dearness Relief admissible thereon.

In the case of a child/sibling, suffering from a mental or physical disability, whois presently not in receipt of a family pension due to non-fulfilment of the earlier income criteria, family pension shall be granted to him/her, if he/she fulfils the new income criteria and also fulfilled the other conditions for grant of family pension at the time of death of Government servant or pensioner or previous family pensioner. The financial benefits, in such cases, shall, however, accrue prospectively and no arrears for the period from the date of death of Government servant/ pensioner/previous family pensioner shall be admissible.

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