Archive for the 'Child Custody' Category

Know Your Fathers Rights

This is a website which may be very useful to NRIs in the US.

Here is the link:

http://www.fathers4kids.com/html/FathersRights.htm

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Can Indian Court Be Moved After Divorce Decree In The US?

This is the question that Justice Dhingra answered in his landmark judgment just a few weeks ago. The Supreme Court will now decide the answer to this question in a an NRI custody case.

Here is the link to the article by TimesOfIndia

Here is an NRI case that sort of provides an answer: Delhi HC: Beniwal Vs Beniwal 1989

Here is the order from the AP HC:  AP HC Temp Child Custody

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Judgments On NRI Cases By The Courts In India

I thank Ms Girija Vyas for this document. I extracted this information from the MOIA document she sponsored in a misdirected zeal to paint all NRIs men with marital issues as crooks, liars and cheats.

I thought, I’d perform a public service by sparing the public from the vitriol and the smug faces of netas, contained in this otherwise excellent document, by extracting and presenting the excellent parts.

Here is the document: Judgments On NRI Cases By The Courts In India(pdf)

Read this judgment of Justice Shiv Narain Dhingra: Justice Dhingra Quashes An NRI 498A Case

Read this judgment as well:   Delhi HC: Beniwal Vs Beniwal 1989

Also read this news. The Supreme Court is looking into the issue of women who live abroad, fight their divorce/custody battles abroad, lose their cases, land in India and file 498A or whatever against their husbands.

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SC: The Mother Is Not Always The Natural Guardian – 2004

This is the Anil Kumble case. It is remarkable, the manner in which all the parties conducted themselves so decently.

Here is the news article from TOI.

Here is the judgment: SC: The Mother Is Not Always The Natural Guardian

This judgment appears to contradict the Gita Hariharan case (1999), but a close reading shows that the SC is giving the well being of the child,  the most importance.

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India To Register Pregnancies To Fight Foeticide

Another act of stupidity emanates from the hallways of the Ministry of Women and Child Development. The Hon’ble Minister, you can see her in action here on YouTube, would like to register all pregnancies in the country to prevent foeticide. Forget the logistics involved. I would like to see the Hon’ble Minister, taking her daughter to the responsible Govt Office and saying to the chap on duty, “Here is my daughter and she is pregnant, the father is my son-in-law, please register the pregnancy.”

Another bit player in this silly act is the Minister Ambumani Ramdoss. He has allegedly been pushing for the appointments of doctors to AIIMS, the premier health care institute, based on their caste and not on the strength of their credentials.

Back to this story, I have a few questions:

  • Apart from the issues of privacy involved, we can toss in the issue of religion. Can you imagine a Muslim couple doing this? or will they be exempt to fend off the backlash?
  • What about the conservative people in the cow belt? Would they be willing to parade their pregnant wives before unknown men or women?
  • How about this situation where a women unfortunately has an abortion due to reasons beyond her control and the foetus is a female? Will she be booked for murder?
  • What if a woman wants to abort regardless? Aren’t we now infringing on the reproductive rights for women? The feminists, internationally, will be up in arms.
  • What does one do if a woman has an abortion just because she wants a male child and gets a certificate from a doctor saying that the pregnancy was putting her life at risk?

And then think about logistics involved in implementing this law.

You can read about the whole thing here.

All in all, this is a classic example of a self goal, as this law is bound to piss off the feminists, internationally.

Here is Gloria Steinem saying: “I would say that a crucial contribution of feminism is to add reproductive freedom as a fundamental human right. Controlling women’s bodies as the most basic means of production, the means of reproduction, is the origin of patriarchy; thus of domination and hierarchy. Women are reversing that process by seizing control of the means of reproduction, and restoring balance.”

Righto! and we can see women standing before the Babus and saying that “Hey! We are pregnant! Register it!” What would good old Gloria say to that ?

At the least, this is an act of stupidity, literally.

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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Lonely Man With A Lathi: The Indian Police Constable

This is an article written by the SSP of Haridwar about the plight of the Indian police constables. His name is Abhinav Kumar IPS, and you can read about him here.

He talks about what this reservation agitation by the Gurjars is all about.

Here is the link to the IE article: Lonely Man With A Lathi

Here are other articles by him:

This guy is quite a warrior. You can read about what he did here

Here is an excerpt:

Journalist-turned-policeman Abhinav Kumar was recently posted to Dehra Dun as Additional Superintendent of Police (ASP). Soon after his transfer, Kumar claims, he discovered that a Rs 1-lakh computer system given to the department by the Oil and Natural Gas Corporation Ltd was neither present in his office nor registered in the property list at the local police lines.

Kumar says that after he made discreet enquiries among the staff members, he was told that the computer was actually installed at the residence of his predecessor, Sharad Sachhan. The ASP says he made verbal requests to Sachhan to return the computer, but Sachhan didn’t do so, forcing him to lodge an FIR against the officer two months ago.

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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