#Family Property Dispute Lawyer

[mbbsadmissions]

Legal Mavericks: The Best Criminal Litigation Law Firm in India

In the complex tapestry of legal proceedings, a bail hearing appeal holds pivotal significance within the realm of criminal procedure. This article sheds light on the nuances of bail hearing appeals, the importance of securing legal representation from the best criminal litigation law firm in India, and the role of a proficient family property dispute lawyer.

For more information visit us: https://mbbsadmissionabroad12.blogspot.com/2024/01/legal-mavericks-best-criminal.html

[champstorymedia]

Know Your Rights: Legal Responsibilities Every Person Should Understand

Introduction: As citizens of any country, it is crucial to have a good understanding of our legal rights and responsibilities. Knowing our rights can protect us from potential abuse or discrimination, while understanding our responsibilities ensures we are contributing positively to society. In this comprehensive guide, we will explore the key legal responsibilities every person should understand…

[advocateinjaipur]

Advocate in Jaipur | Your Trusted Legal Partner in Jaipur

Whether it’s a personal matter, a business dispute, or a criminal case, the right lawyer can make all the difference. That’s where Advocate in Jaipur comes in. We offer professional, reliable, and affordable legal services to help you with whatever legal issue you're facing.

[sibalandassociate]

Advocate in Kakrola

If you're looking to find the best advocate in Kakrola for all your legal matters, it's essential to choose someone with the right expertise and experience. Kakrola is home to several skilled advocates who specialize in a variety of legal fields, including family law, property disputes, criminal defense, civil litigation, and corporate law.

[aslegaladvisors]

https://justpaste.it/b9x1d

[justiceamberheard]

After a legal battle lasting more than eight years, Brad Pitt and Angelina Jolie have settled their divorce.

According to Jolie’s lawyers, both parties signed the settlement on December 30.

“More than eight years ago, Angelina filed for divorce from Mr. Pitt. She and the children left all of the properties they had shared with Mr. Pitt, and since that time she has focused on finding peace and healing for their family. This is just one part of a long ongoing process that started eight years ago. Frankly, Angelina is exhausted, but she is relieved this one part is over,” Jolie’s lawyer James Simon of Hersh Mannis told CNN Monday.

[girlactionfigure]

Angel Named Angel: Angel Sanz Briz

Made Them Citizens Of Spain.

Angel Sanz Briz was a Spanish diplomat in Budapest who saved over 5000 Jews from the Nazis after Germany invaded Hungary in 1944.

Born in Zaragoza in 1910, Angel trained as a lawyer and in 1933 enrolled in diplomat school in Madrid. His first posting was to Cairo, Egypt, and in 1942 he was sent to Budapest, where he served as first secretary of the Spanish legation.

In March 1944, Germany invaded Hungary and the Nazis quickly began rounding up Jews for deportation. At this point in the war, Nazi genocide of the Jews ran like a well-oiled machine, and the Jews of Hungary were arrested with shocking speed.

Horrified at what was happening, Angel came up with a clever plan to save Jews. He told the Hungarian authorities that Spain was offering citizenship to Jews  “of Spanish origin” – meaning Sephardic Jews, who trace their ancestry to Jewish communities that were kicked out of Spain in 1492. It was true that Spanish dictator Miguel Primo de Rivera had issued a decree to that effect in 1924, but Angel neglected to mention that the decree was canceled in 1930.

Unwilling to risk a dispute with Spain, Hungarian authorities begrudgingly told Angel he could issue passports to 200 Jews. Cleverly, Angel changed the order to read 200 Jewish families. When he reached the 200 family limit, he discreetly falsified documents to change the number, and he did this several times.

Officially, the Jews Angel was saving were supposed to be Sephardic, descended from Spanish refugees. However, the vast majority of Hungarian Jews were Ashkenazi rather than Sephardic. Undeterred, Angel simply claimed that all the Jews he was saving were Sephardic. He used his extensive contacts in Hungary to place the Jews in safe houses, where he personally gave them lessons in basic Spanish. This was enough to convince the Hungarian authorities, most of whom did not know any Spanish, that their “Spanish heritage” was genuine. When Angel ran out of Hungarians willing to take Jews into their homes, Angel purchased inexpensive properties with his own money. He decorated the buildings with prominent Spanish flags, marking them as officially part of Spain and therefore off-limits to the Nazis and Hungarian collaborators. The Jews staying in these safe houses couldn’t leave, so Angel brought them food, medicine, and other necessary supplies. Incredibly, he persuaded the Red Cross representative in Budapest to put Spanish signs on hospitals, clinics and orphanages where Jews were hiding to make sure everybody knew the occupants were under the protection of Spain.

Between June and December 1944, Angel issued fake Spanish passports to 5200 Jews, saving them from Nazi death camps and enabling them to live safely in Spain until the war ended.

Angel continued to serve as a diplomat after the war, with postings in San Francisco, Washington DC, Lima, Brussels and China, among other places. In 1977 he was appointed Ambassador to the Holy See in Rome, where he died in 1980. In 1991, Israeli Holocaust Memorial Yad Vashem posthumously honored Angel Sanz Briz as Righteous Among the Nations, and in 1994 Hungary awarded him the Cross of the Order of Merit. A Spanish TV series about Angel Sanz Briz, called “El Angel de Budapest” aired in 2011. In 2015 a street in Budapest was named after this brave Spaniard.

For saving 5200 Hungarian Jews from Nazi death camps by making them citizens of Spain, we honor Angel Sanz Briz as this week’s Thursday Hero.

[radicalcoffeeclub]

Some interesting news from India!

In its verdict, the court said that the wife had contributed equally towards acquiring family assets by doing domestic chores. It said that the "contribution made by either the husband by earning or the wife by serving and looking after the family and children" would mean that "both are entitled equally to whatever they earned by their joint effort". It did not matter in whose name the property was bought - the spouse who looked and cared after the family would be entitled to an equal share in them. The court also held that the woman's domestic labour contributed indirectly to earning the money that enabled the purchase of the assets and that her work allowed the husband to be gainfully employed.

The wife works for 24 hours in various roles, including that of a chef, a "home doctor" and a "home economist", the court said. In the absence of the homemaker's duties, the husband would have to pay for the services these roles provided.

Women's rights lawyer Flavia Agnes called it a "very positive judgement because it recognises women's domestic labour". Malavika Rajkotia, a family and property lawyer, said the verdict was "a very important milestone", one that women had been "trying to evolve and plead in their various cases".

"This is, for the first time, a meaningful recognition of the homemaker's right." So the hope is that the judgement could have a positive impact in future.

[bitchesgetriches]

Hello, bitches! I don't think I saw this in the renter's master post, but how does one go about breaking a lease in the least financially ruinous way possible? My apartment flooded for the 3rd time in 12 months due to an improper drainage system, and I am FED UP. I have family telling me to sue over it, but I'd be content if they let me break the lease without fees or penalties.

If your apartment keeps flooding and your landlord has not fixed the problem... then your LANDLORD HAS ALREADY BROKEN YOUR LEASE.

A lease is a legal contract. Which means the landlord AND tenant both have responsibilities in order to keep the contract valid. There is usually language in there about the landlord keeping the unit in good maintenance. Constant flooding is NOT good maintenance. And if your property has been damaged by the flooding, the landlord could actually owe YOU, either for temporary housing or replacement of property.

So go read your lease, find the clause about maintenance, and take it to your landlord and say "According to this clause right here, you're in violation of our rental agreement. Therefore, I am moving out without penalty. If you'd like to discuss this, I'll have my lawyer get in touch." (Note: not everyone can afford a lawyer, but if you know anyone even tangentially related to a law firm, use the line about the lawyer. My husband's uncle and aunt are lawyers and the one time I used this line to resolve a labor dispute, it scared the bastard so much that they stopped their bullshit and paid me for my work with no further argument.)

Lastly: we are not infallible. Your state government website should have a section on tenant's rights. Look up this information to see if there are any other protections you can take advantage of before going nuclear on your shitty landlord.

The Rent Is Too Damn High: The Affordable Housing Crisis, Explained 

Ask the Bitches: Why Are Painted Mason Jars the Internet's Only Solution to My Tiny Apartment Woes?

If we just helped you out, tip us!

[eretzyisrael]

The Guardian gives biased view of Jerusalem property dispute

Another Arab family is about to be evicted from their home in East Jerusalem, reports The Guardian. But as we have come to expect, the issue is framed as rapacious ‘settlers’ stealing  homes from their rightful Arab owners. In this case, the property belonged to Yemenite Jews evacuated from the Jerusaelm suburb of  Silwan by the British in the 1930s. The Legal and Administrative Matters Law, passed in 1970, allows for Israeli property owners who owned properties that in 1948 were transferred to Jordanian control to claim them back from the Israeli administrator-general. (East Jerusalem is the only area where Jews are allowed to claim restitution of their property.) if the present Arab occupants have been paying rent, they are protected from eviction under the law. In this case, the court seems to have ruled that Saleem Abed Gaith’s claim to have bought  his home is not valid.  

Saleem Abed Gaith is facing eviction (Photo: Amnon Gutman/ The Guardian)

“In all, about 700 Palestinians in Batn al-Hawa may be threatened with displacement.

“It is our family home. It is where I was born. My family came here 60 years ago. If we had a just government then it would be given to us but instead they are trying to take our homes away,” said Nasser Rajabi, 52, whose most recent effort to prevent eviction was heard in court on Wednesday.

Saleem Abed Ghaith, whose case was heard this week, said he had lived in Batn al-Hawa since 1979, when he bought his home from a local Palestinian family.

“My health is not good. The fear of losing my home has taken complete control of me. What will I do? I have no other place to go,” he said.

The driving force behind the influx of Jewish Israelis into Batn al-Hawa is Ateret Cohanim, which describes itself as “the leading urban land reclamation organisation in Jerusalem … working for over 40 years to restore Jewish life in the heart of ancient Jerusalem”.

The group argues that much of Batn al-Hawa lies on the site of a village constructed by a philanthropic trust under Ottoman rule in the late 19th century to house poor Yemeni Jews. The community was evacuated by British authorities when tensions rose between Arabs and Jews in Palestine in the 1930s and its inhabitants were told they would be able to return when calm was restored. A 1970 law allows Jews the right to reclaim property in east Jerusalem.

Lawyers acting for the trust, which was reactivated almost 20 years ago, have successfully argued that its prior ownership of the properties in Batn al-Hawa should take precedence over any later purchases made by current inhabitants or their parents or grandparents, many of whom lost their homes during the conflict in 1967 or the wars surrounding Israel’s creation in 1948. Possession of other buildings has been obtained through deals with their owners, though the circumstances of these remains controversial.”

Read article in full

More about Jewish property claims 

[mostlysignssomeportents]

This day in history

Support me this summer on the Clarion Write-A-Thon and help raise money for the Clarion Science Fiction and Fantasy Writers' Workshop!

#20yrsago Doonesbury to be dropped for being “too controversial” https://web.archive.org/web/20040723071326/https://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000581723

#20yrsago Secret Swing visit report https://web.archive.org/web/20040725050428/http://candycritic.bravejournal.com/entry/4178

#20yrsago Game developer: the real pirates are my publishers http://draginol.joeuser.com/article/21895

#20yrsago Imagineering head on Tiki Room rehab https://web.archive.org/web/20040806155355/http://www.laughingplace.com/default.asp?WCI=MsgBoard&WCE=T-51032-P-1&Refresh=0721171722

#20yrsago In-game product placement’s dystopian future https://terranova.blogs.com/terra_nova/2004/07/oh_great.html

#20yrsago Downloading isn’t killing music https://web.archive.org/web/20040724060140/http://www.guardian.co.uk/online/story/0,3605,1265840,00.html

#15yrsago Last Galapagos Pinta turtle finally knocks up a mate’s eggs https://web.archive.org/web/20090725192130/http://scienceray.com/earth-sciences/paleontology/lonesome-george-to-finally-be-a-father/

#15yrsago Photographer who shot demolition of flyover arrested for terrorism https://web.archive.org/web/20090713000304/http://monaxle.com/2009/07/08/section-44-in-chatham-high-street/

#15yrsago New ebook publisher from publishing veterans with novel ideas https://web.archive.org/web/20090715095849/http://www.crainsnewyork.com/article/20090712/SMALLBIZ/307129981

#10yrsago Ocala, FL criminalizes sagging pants https://web.archive.org/web/20140723182151/https://www.wftv.com/news/news/local/ocala-bans-sagging-pants-city-owned-property/nghFj/

#10yrsago Infamous SF “eviction” lawfirm abuses DMCA to censor video of protest https://web.archive.org/web/20140723193431/http://sfappeal.com/2014/07/infamous-sf-eviction-lawyers-use-dmca-claim-to-silence-protest-video/

#10yrsago UOregon police kept a “Eat a Bowl of Dicks List” for their enemies https://www.techdirt.com/2014/07/21/cops-wrong-firing-lawsuit-leads-to-public-release-vulgarly-titled-enemies-list/

#10yrsago California Highway Patrol seize medical records of woman beaten by cop https://www.techdirt.com/2014/07/21/california-highway-patrol-seizes-medical-records-woman-officer-was-caught-tape-beating/

#10yrsago Florida principal broke rules by cancelling summer read of Little Brother https://www.pnj.com/story/news/education/2014/07/21/thomas-policy-followed-little-brother-dispute/12957445/

#5yrsago Podcast: Adversarial Interoperability is Judo for Network Effects https://ia903006.us.archive.org/6/items/Cory_Doctorow_Podcast_304/Cory_Doctorow_Podcast_304_-_Adversarial_Interoperability_is_Judo_for_Network_Effects.mp3

#5yrsago Violent mobs of alleged Triad gangsters dole out savage beatings to Hong Kong democracy protesters, cops nowhere to be found https://globalvoices.org/2019/07/22/armed-mobs-attack-anti-extradition-protesters-in-a-suburban-hong-kong-subway-station/

#5yrsago FBI agent describes finding “Frankensteins” and a “cooler full of penises” at an unregulated Arizona body-donation center https://www.azcentral.com/story/news/local/arizona-health/2019/07/19/cooler-penises-frankenstein-head-found-phoenix-body-donation-company/1720254001/

#5yrsago Nebraska Weather Service commemorates climate emergency by baking biscuits inside a hot car https://twitter.com/NWSOmaha/status/1151879325257535488

#5yrsago Louvre purges every mention of the Sackler opioid family after artist’s protest https://www.france24.com/en/20190721-sackler-name-removed-louvre-opioid-crisis-france?ref=tw_i

#5yrsago Elizabeth Warren’s banking proposals are designed to demolish the private equity sector and force finance to serve the people https://thereformedbroker.com/2019/07/21/elizabeth-warrens-banking-sector-napalm/

[champstorymedia]

Protecting Your Legal Rights: Top Tips for Every Individual

Protecting your legal rights is essential in today’s world, where laws and regulations are constantly evolving. Whether you are dealing with a legal issue at work, in your personal life, or elsewhere, knowing how to protect your legal rights can make a significant difference in the outcome of any situation. In this article, we will provide you with some top tips for protecting your legal rights…

[dailyanarchistposts]

Kaianere’kó:wa as Constitution of a Stateless Polity?

Some have been tempted to submit a particular translation and transcription of the Kaianere’kó:wa to a political-science constitutional analysis. Depending on the version of the Kaianere’kó:wa, an analyst might come to the conclusions that Donald S. Lutz has: that the Rotinonshón:ni was not a participatory democratic confederacy of equal nations, but rather a hereditary oligarchy in which the Kanien’kehá:ka enjoyed a privileged position in making proposals to the council. [81] Lutz only consults the versions of the Kaianere’kó:wa published by Gawasco Waneh (Arthur Parker). In fact, his analysis focuses only on a single version written by Dayodekane (Seth Newhouse), and ignores a different version approved by the roiá:ner at Ohswé:ken, which was included in Gawasco Waneh’s volume. According to Snow, “The Newhouse version tells us as much, if not more about political conditions on the Grand River at the end of the nineteenth century than it does about the origins of the League” [82]. The Grand Council of the Haudenosaunee believe that no one version is preferred and that “many traditional leaders feel that none of the written versions have all of the known oral history included.” [83]

Atsenhaienton (Kenneth Deer) objects to the Kaianere’kó:wa even being called “the Great Law” and those that would treat it as such: “it’s not a law: it’s guidelines to help people get to harmony and coexistence... They look at the Great Law and interpret it the way a constitutional lawyer would. That’s not the way it was intended to be treated.” [84] Even if the Kaianere’kó:wa should not be given a strict legalist reading, among its principles is a metaphor for amendment: “adding to the rafters” of the long house. This includes meetings among the traditional Rotinonshón:ni involving not only the roiá:ner but all the people, as a check on their power. [85]

The influence of Lewis Henry Morgan’s study of the Rotinonshón:ni on Marx and Engels’ concept of a stateless communist society is well known. In The Origin of the Family, Private Property and the State, Engels summarized Morgan’s description of the Rotinonshón:ni society:

“No soldiers, no gendarmes or police, no nobles, kings, regents, prefects, or judges, no prisons, no lawsuits — and everything takes its orderly course. All quarrels and disputes are settled by the whole of the community affected, by the gens or the tribe, or by the gentes among themselves; only as an extreme and exceptional measure is blood revenge threatened-and our capital punishment is nothing but blood revenge in a civilized form, with all the advantages and drawbacks of civilization. Although there were many more matters to be settled in common than today — the household is maintained by a number of families in common, and is communistic, the land belongs to the tribe, only the small gardens are allotted provisionally to the households — yet there is no need for even a trace of our complicated administrative apparatus with all its ramifications. The decisions are taken by those concerned, and in most cases everything has been already settled by the custom of centuries. There cannot be any poor or needy — the communal household and the gens know their responsibilities towards the old, the sick, and those disabled in war. All are equal and free — the women included. There is no place yet for slaves, nor, as a rule, for the subjugation of other tribes.” [86]

While Engels is right to commend the communal economy, sexual equality, and horizontal political structure of the Rotinonshón:ni, he erred in claiming that there were no ranks of social prestige with political responsibilities. The anthropological definition of “egalitarian” is narrow. There are some “rank societies in which positions of valued status are somehow limited so that not all those of sufficient talent to occupy such statuses actually achieve them. Such a society may or may not be stratified. That is, a society may sharply limit its positions of prestige without affecting the access of its entire membership to the basic resources upon which life depends” [87] While the numbers of roiá:ner and iakoiá:ner were limited by the Kaianere’kó:wa to certain kahwá:tsire, positions of ohnkanetoten were open to all men on the basis of merit and selection by the roiá:ner council. As has already been explained, Rotinonshón:ni society had a communal work and consumption ethic (the communal economy of the “one bowl”), so although ranks of prestige did exist, they did not serve in a position of accumulating or redistributing wealth.

Graeber, who as an anarchist is quite suspicious of all hierarchy, says of the traditional Rotinonshón:ni, “for all the complex federative structure, society was in most respects highly egalitarian. Office-holders, male and female, were elected from among a pool of possible heirs; the offices themselves, at least the male political ones, were considered as much a responsibility as a reward as they involved no real material rewards and certainly granted the holder no coercive power.” [88]

While it is often argued that the roiá:ner were traditionally selected from certain matrilineal lines, and that not all kahwá:tsire were able to select candidates, this varied over time and location. Teiowí:sonte describes modern debates around heredity: “To some, heredity is the very essence of Haudenosaunee governance and an integral factor in leadership selection... To others, this concept represents the infiltration of European corruption into Haundenosaunee leadership selection and the fortification of a class system invading our traditional concept of democracy with notions of royalty. Likewise, advocates against the heredity concept believe it to be a non-traditional convention that is a fairly recent development resulting from colonization.” [89] Snow claims that “Each nation devised its own internal mechanism for selecting and organizing its League Chiefs”[90]; and that ohnkanetoten were created to specifically deal with the issue of empowering men who did not come from the distinct matrilineal lines eligible for becoming roiá:ner. [91] He argues further that at times, the ranks may have represented a political class distinct from the common Rotinonshón:ni, and a class of slaves made up of captives who had not been adopted [92]—a situation which would have been most pronounced during the Beaver Wars.

Graeber notes this as well. “It was around this period one reads accounts of a society effectively divided into classes, with adopted prisoners doing the bulk of the menial labor and with members of their adopted families having the right to kill them for the slightest infranctions or impertinence... [T]his exceptionally brutal period did not last long: the children of these captives were considered full members of their adoptive clans.” [93] As we have seen from the life of Thaientané:ken, the descendents of adoptees had the same political rights of common Rotinonshón:ni and could be selected as ohnkanetoten. It is seemingly without contradiction that Snow also describes how little authority came with rank: “Although men appointed by each ohwachira probably met as a village council, they had little authority beyond the force of their personalities. This in turn meant that face-to-face persuasion was the rule.” [94] Kanatiiosh emphasizes that “being a chief or a clan mother is just as important as being a person without a title, for all people are held responsible for preserving and protecting the Great Law of Peace.” [95]

Circle Wampum [96]

Bonaparte, who himself served as a former elected chief of the Mohawk Council of Akwesasne,[97] does not even think that roiá:ner should be called “chiefs”: “a lot of our people don’t like using the term “chief” instead of “royaner,” because chief is such a generic term. You’ve got fire chiefs, police chiefs, chief of staff, etc. Those are positions where the people who have them are empowered to make decisions for a group, whereas our “royaners” are facilitators for having the group itself come to the decision, and who then act upon that decision.” [98] Indeed, the focus on decision-making among the Rotinonshón:ni was always to reach consensus. Snow has argued that the Rotinonshón:ni “emphasized consensus rather than executive authority, unanimity rather than majority rule, and equality rather than hierarchy” [99] Taiaiake goes so far as to write that “holding non-consensual power over others is contrary to tradition. Whatever the purpose behind the use of arbitrary authority, the power relationship is wrong”. [100] Richter describes a state of universal suffrage, claiming that voting in the council was open to all who had reached the age of maturity.[101]

Those familiar with the institution of consensus-based spokecouncils, used recently in the protests against corporate neoliberalism (“anti-globalization”), will notice many similarities with Kahentinetha Horn’s description of consensual decision-making among the Kanien’kehá:ka:

“[N]o one can impose their will nor make decisions for another, all must understand the viewpoint and agree of their own free will. The goal is not total agreement, but total understanding. If there is no agreement, then the consensus is to retain the status quo. If there is understanding by all then they go ahead with the decision... In entering the consensual decision-making process, whatever ideas are put into the process, the needs and attitudes of each is considered and complements the decision. Also, the individual has a duty to be directly involved, and to bring their ideas into the discussion within their clan. The final decision will be fully satisfactory to some, satisfactory to others and relatively satisfactory to the remainder, and will reflect elements from every group. This is a slow careful process requiring the reaching of a full understanding by each individual and not a decision made by a ‘leader.’ The person who explains the decision is a spokesman.” [102]

The Kaianere’kó:wa lacks the monopoly of force and the authority of coercive control that define statist polities. It is a mutual agreement of non-aggression among its participants, aimed primarily on maintaining peaceful relations among them, rather than a guiding document for the rule of elites over the rest of society. Richter has stated that “the coercive exercise of authority was virtually unknown” among the Rotinonshón:ni,[103] and that their “political values were essentially noncompetitive.” [104] Graeber believes that “the entire political apparatus was seen by its creators primarily as a way of resolving murderous disputes. The League was less a government, or even alliance, than a series of treaties establishing amity and providing the institutional means for preventing feuds and maintaining harmony among the five nations that made it up. For all their reputation as predatory warriors, the Iroquois themselves saw the essence of political action to lie in making peace.” [105]

Justice among the traditional Rotinonshón:ni was the responsibility of everyone, particularly one’s matrilineal kin. The focus was on condoling kahwá:tsire for their loss and on regulating social behavior through popular opinion, rather than through justice administered by a specialized class. While some see the offering of wampum to the family of a murder victim to as a reparational payment, comparable to the Northern European weregild, Morgan claimed that “the present of white wampum was not in the nature of a compensation of the life of the deceased, but of a regretful confession of the crime, with a petition for forgiveness. It was a peace-offering, the acceptance of which was pressed by mutual friends, and under such influences that the reconciliation was usually effect, except, perhaps, in aggravated cases of premeditated murder.” [106]

Wallace’s interpretation echoes Engel’s analysis of Rotinonshón:ni justice: “Behavior was governed not by published laws enforced by police, courts, and jails, but by oral tradition supported by a sense of duty, a fear of gossip, and a dread of retaliatory witchcraft. Theft, vandalism, armed robbery, were almost unknown. Public opinion, gently exercised, was sufficient to deter most persons from property crimes, for public opinion went straight to the heart of the matter: the weakness of the criminal.” [107] And Kanatiiosh argues that European settler “hierarchy breeds competition, and competition breeds anger, resentment, hatred, and can lead to revenge, which only continues the vicious cycle of violence. Western society is dependent on imprisonment, fines and other punishments, which are supposed to keep social order.” She contrasts that system of coercive punishment with the legal principles of the Kaianere’kó:wa, which created a “shared community where people have mutual respect for the entire group rather then interested only in one’s self. Perhaps a little spirituality, shame, guilt, and respect of self and community would be the best elements to include in a recipe for a true system of justice.” [108]

Richter repeatedly describes the traditional polity of the Rotinonshón:ni as a “nonstate society” [109] and “a system dependent upon voluntary compliance”. [110] His insistence on the difference between the Rotinonshón:ni and the colonial states it was contemporary with is worth emphasizing:

“Making and preserving peace, then was the purpose of the League, and accordingly the Grand Council apparently did not undertake the kinds of political functions of decision making and diplomacy characteristic of state-organized governments. In the early seventeenth century, the League possessed few state like characteristics: the Five nations had little in the way of common foreign policy, no effective means of devising unified strategies, and no central government in the sense that term is usually understood by Americans. Indeed, on various issues the ten or so autonomous towns of Iroquoia were often at odds with one another as they were in consensus. The League was not designed to remedy the deficit—nor, apparently, did the Iroquois people even perceive that there was any kind of deficit...” Daniel Richter, Ordeal of the Longhouse [111]

While the exact definition of a “state” is elusive, none can deny that states wield a legal monopoly of violence, and that the state therefore takes a coercive role in regards to its citizens. In respect to the degree of a given polity’s coercive control over its constituent members, we can imagine a spectrum with the totalitarian state on one end and a stateless society, an anarchy, on the other. Societies that are more ranked and stratified are more statist. Along this spectrum, the Rotinonshón:ni polity falls toward the pole of statelessness, having extremely limited ranking, and lacking in both coercive authority and economic stratification.

The anarchist historian George Woodcock believed that the Rotinonshón:ni’s polity amounted to a stateless confederation: “a common council of sachems, in whose selection the women, whose influence derived from their control of agriculture, played a great role; but this council did not interfere in the internal affairs of the tribes, so that it remained the coordinating body of a true confederation rather than the government of the state.” [112] Colonial historian Francis Jennings recognizes that it was “a league of friendship and mutual assistance, but ... a league of consultation and contract rather than a government of legislative command”. [113] Member nations “never gave up their power of individual decision. Often they struggled for dominance within the league, and sometimes (though rarely) they came to blows with each other. These phenomena were also to be observed among colonial towns and villages, but whereas the Iroquois tribes maintained local independence throughout their existence, the colonies gradually came under more and more effective central controls.” [114] All Rotinonshón:ni nations are equal, regardless of their number of clans, size of territory or numbers of population. [115] Bookchin, who so often suggested New England town-meeting democracy as a basic building block of libertarian municipalist confederation, would have done well to have taken the advice of Mitchel Cohen, and examine the Rotinonshón:ni polity as an example of the very sort of ideal of that he was advocating:

“Town meetings, according to Bookchin, are the American equivalent of the Greek polis — and why does he not seek to emulate the Iroquois tribal council instead or any of a hundred non-European forms? Linked together, local communities form the potential, according to Bookchin, for a “federated municipalism.” All other forms, particularly those created by native peoples, are seen as inferior. American Indian communities are diminished, in Bookchin’s framework, because of their lack of rational municipal debate. The framework of the colonizer informs Bookchin’s ideas despite himself, disempowering radical ecology movements and undermining their potential.”[116]

[suryablogs123]

Process of Getting Mutual Consent Divorce in India

Introduction

In India, mutual consent divorce lets couples end their marriage peacefully if they both agree. They file a joint petition, settle things like child custody and alimony ( financial support one spouse pays to the other after separation or divorce. It is meant to help the dependent spouse maintain a standard of living similar to what they had during the marriage.) and attend court hearings. There’s a six-month waiting period to confirm the decision.

This process is quicker and less stressful than a contested divorce. Both partners work together to avoid long legal battles. It’s a smooth way to move on with life respectfully.

First, File the Divorce Petition

The first and foremost step in a mutual consent divorce is to file a divorce petition in the family court. This petition is jointly filed by both husband and wife, requesting the court for the separation from their marriage life. The petition should include:

Details of the marriage: Such as the date and place of marriage, and any children from the marriage.

Mutual consent: Both parties must confirm they are agreeing to the divorce voluntarily and have settled matters like alimony, property division, and child custody (if applicable).

Grounds for divorce: While mutual consent does not require proving fault, the couple must state that they are no longer able to live together peacefully.

Now the question may arise: How can I get a quick divorce? Following Once the petition is filed, the court will schedule a hearing to record both husband and wife’s statements on oath. This is the simple beginning of the divorce process which is processed by divorce attorney.

It is a formal beginning to the legal process of a parting of ways, a notice to the other party that one is indeed desirous of a dissolution of marriage.

You Both Should Have Respective Lawyers

Even though a mutual consent divorce is totally based on agreement between both husband and wife, it is still important for each person to have their own lawyer or attorney on their side at the same time you don’t know How much does it cost for divorce in India? But that is totally based on the circumstances. Having separate legal representation ensures that each spouse's rights and interests are properly protected throughout the process. Here’s why:

Independent Advice: A lawyer can provide unbiased legal advice to ensure that each spouse understands their rights, obligations, and options.

Document Preparation: Lawyers will help draft the divorce petition, settlement agreements, and any other necessary documents, ensuring everything is legally sound and meets court needs or requirements.

Representation in Court: Each lawyer represents their client during court proceedings, including the first and second motions, In order to make sure that their client's best interests are represented.

Even in a mutual consent divorce, having separate legal lawyers where the two lawyers are representing the two spouses and the divorce process is conducted fairly and properly for both of them.

The Court will Pass the Order for the Statement on Oath

Once the divorce petition is filed, the court will schedule a hearing where both husband and wife must have to appear. During this hearing, the judge will pass an order for the husband and wife to make their statements under oath or the statement of truth. This is an essential or most important step in the mutual consent divorce process, where both parties confirm that they are voluntarily seeking the separation from their marriage life with the help of mutual consent divorce.

Both spouses should confirm that they have mutually agreed on important matters such as alimony or financial support, child custody, and property division. The court will ensure that both parties fully understand the legal consequences of divorce and that their consent is genuine. This formal process ensures transparency and avoids future disputes or problems.

The statements provided in court under oath, and this step is very important because it seals the mutual consent divorce. After that, the statements are recorded and the court will review the second motion and the manner in which the divorce is to be concluded. This step makes the decision of the couple final and advances to other critical procedures that lead to the final divorce.

Cooling Period of 6 Months Given in the Hope of Reconciliation

Cooling-Off Period: After the first motion, the court typically imposes or provides a cooling-off period of 6 months in mutual consent divorce cases. This waiting period is provided by law for the couples in order to get together or for the reconciliation, reconsider before the divorce.

Purpose: The main objective or motive of this cooling-off period of 6 months is to encourage reconciliation. It provides both husband and wife an opportunity to change their decision and possibly solve their problems or resolve any differences or conflicts that have been going on before finalizing the divorce.

Opportunity for Counseling: During this period of time, the couple may consider attending counseling sessions or discussions, either voluntarily or as suggested by the court. This could help them to address their issues between both and can be an opportunity to reconsider before finalizing the divorce.

Prevents Impulsive Decisions: The cooling-off period acts as a safeguard to ensure that both parties are making a well considered and informed decision. It helps prevent rushed or impulsive or compulsive actions when emotions are running high.

Reconciliation or Withdrawal: During this time, there are a lot of possibilities that  the couple can decide to reconcile, they can request to withdraw the divorce petition. This process stops the divorce process and can lead to the happiest life for them before finalizing the judgment.

Waiver of Cooling-Off Period: In certain situations, such as if the couple has been living separately for a long time or there is an irretrievable or incurable breakdown of the marriage, the court can give the mandatory 6-month cooling-off period. In such cases, the court can proceed or move on with the second motion and finalize the divorce really very soon.

Final Step: After the cooling-off period, both husband and wife still wish to proceed or process with the divorce, the second motion is scheduled or calendered. This final motion allows the couple to confirm their decision for the divorce, and the court can then pass the final decree of divorce.

This time helps the two partners to change their mind, mediate, and seek a divorce only when he or she is sure it will be beneficial.

Final Hearing and Second Motion Timeline in Mutual Consent Divorce

The second motion in a mutual consent divorce is the final step in the divorce process. It must be filed after the cooling-off period (6 months) has passed, but within 18 months from the date of filing the initial divorce petition. This is the final hearing where both parties reaffirm their decision to divorce.

Second Motion:  After the first motion, a 6-month waiting period is typically observed to allow the couple time to reconsider both spouses must appear in court again. They confirm that they still wish to proceed with the divorce after the cooling-off period and the court will verify that they both agree to the terms of the divorce.

Timeline for Second Motion: The second motion typically occurs after the six-month cooling-off period has ended. Both parties must appear before the court together to confirm they still wish to proceed with the divorce. This must happen within 18 months from the date the first petition was filed.If both parties remain firm in their decision, the court will proceed with granting the divorce.

Final Hearing: During the final hearing, the judge ensures that all issues, such as child custody, alimony, and property division, have been settled. If everything is in order and both parties consent to the divorce, the judge will pass the final divorce decree.

Divorce Decree: Once the final hearing is complete, and the second motion is confirmed, the court will issue the divorce decree. This legally ends the marriage and makes the divorce official.

The second motion and final hearing are the final steps before the divorce is finalized. The process generally takes about 6 months to 1 year, depending on the court's schedule and the specifics of the case. Once completed, both spouses are legally divorced.

Conclusion

A mutual consent divorce in India is an easy and peaceful way for both husband and wife to end their marriage life. It involves filing a divorce petition to the court, having separate lawyers, giving statements in court as an oath, and a 6-month waiting period before the final hearing.

Once everything is agreed upon and the court gives the final decision, the divorce is complete. This process is faster and less stressful when compared to contested divorce, allowing both people to move on with their lives. In order to proceed with all these you can approach a law firm chennai.

Reference

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