#Mutual Consent

[seemabhatnagar]

"Mutual Consent Divorce: Maintenance Waivers and Legal Implications"

Gaurav Mehta v. Anamika Chopra

Crl. Revision 4152/2023 filed by the husband

&

Crl. Revision 4452/2023 filed by wife for enhancement of maintenance

Before the High Court of Allahabad

Heard by the Bench of Hon’ble Mr. Justice Vipin Chandra Dixit J

Order: Crl. Revision filed by the revisionist husband Gaurav Chopra was allowed as the respondent-wife had already waived off her right to claim maintenance at the time of divorce.

Crl. Revision of the Wife was dismissed.

Background

This is a case where Divorce based on mutual consent was allowed by the Family Court between the parties.

Fact

The marriage between the parties was solemnized in February 2004 according to Hindu rites and customs. A son out of wedlock was born in December 2004. Things were all well till August 2006 & thereafter due to differences between them, they started living separately.

Both parties filed divorce by mutual consent u/s 13B (1) of the Hindu Marriage Act before the District Judge, New Delhi.

Out of all the terms and conditions of divorce by mutual consent one of the Terms was that the wife will not claim any amount of money by way of stridhan, maintenance, compensation, damages, etc. (past, present, and future) from her husband.

It was also agreed between the parties that the son, shall remain in the custody of his mother till he attains the age of majority.

The husband was given visitation rights to visit and meet his son once a month.

The divorce petition was decreed in August 2007 on the terms and conditions agreed between the parties.

After six years of divorce, a maintenance petition was filed by the son through her mother in the court of Principal Judge, Family Court, Gautam Buddh Nagar in the year 2013.

The maintenance petition was allowed by the Family Court in November 2019 granting maintenance in favor of the son at the rate of Rs.15,000/- per month from the date of filing the petition the father used to pay the same to his son.

The wife also filed an application before the Family Court claiming 25% of the income of the husband as maintenance in February 2020.

The wife also moved an application in August 2020 claiming interim maintenance @ Rs. 50,000/ per month.

Submission of the Husband

The husband objected pleading that the divorce petition was decreed with mutual consent and the wife had agreed that she would not claim any amount towards stridhan, maintenance, compensation damages, etc.

The Family Court allowed the application of interim maintenance awarding Rs. 25,000/- to the wife.

Submission of the wife in person

She is facing acute hardship.

The son is studying in Toronto Canada.

So long she was able to manage the expenses she didn’t claim. Now she is unable to as such she has filed a maintenance petition and the Family Court has allowed a very meager amount of Rs.25,000/-

Law

Once the wife waives her right to maintenance from her husband at the time of divorce and the divorce decree was passed on the terms and conditions of the agreement, it is not open to the wife to claim maintenance from her husband in the future.

Section 125(4) Cr.P.C. also provides that no wife shall be entitled to receive the allowance for maintenance from her husband if she is living separately by mutual consent.

Observation of the Court

The wife has waived off her right to claim maintenance by filing an affidavit in the divorce petition as such the Revision petition filed by the wife claiming maintenance, itself is not maintainable and the Family Court has committed gross illegality in granting interim maintenance @ Rs. 25,000/- per month to the wife.

Seema Bhatnagar

[mydayswithtarotbystella]

Respecting Our Truths: The Importance of Genuine Connection in Intimate Relationships

Ready for some reminders about choosing to stay or not?

In a world that often prioritizes instant gratification and superficial connections, it’s essential to remain true to our own values and boundaries, especially when it comes to intimate relationships. Many of us find ourselves navigating the complex landscape of attraction, desire, and emotional connection. It’s crucial to understand that genuine, heartfelt connections are what make intimacy…

[postersbykeith]

[legalstudiesin1]

Divorce by Mutual Consent in India: Procedure, Requirements, and Case Laws

Introduction: Divorce is the legal termination of a marriage or marital union. In India, divorce laws differ depending on the personal laws governing various religious communities. The main legislation governing divorce in India is the Hindu Marriage Act, 1955. What is a divorce: Divorce is a legal process through which a marriage is dissolved, and both parties are legally free from their…

[demiesop]

"You're right soldier, this is nice"

[fjordfolk]

Unless: You want the action to repeat itself because it's super cute and there is nothing inherently wrong with rewarding contact-seeking behaviour, and shockingly it is actually possible to both teach and learn more nuanced ways to communicate with your dog than simply "no" and "when i say so"

[trulytiredhermit]

IMPORTANT FOR EVERYONE!!

Recently I’ve seen that two content creators for the LU fandom, @neverchecking and @angry-trashcan have gotten their work stolen and reposted by this chunkyfireplace person.

Now this shit is NEVER okay, claiming something that someone else has worked hard on for hours and hours, taken time out of their own day to complete and get done and actually be happy with enough to post and then just posing as if YOU’VE DONE THAT WORK

Honestly disgusting.

This is just a warning to all the LU content creators, keep an eye out for this person in case they come after your works.

And for anyone who thinks doing this shit is okay? Grow up and be a better person, copying and stealing ain’t cute.

( @neverchecking and @angry-trashcan I am so sorry you guys are having to go through something like this, your works are great and they don’t deserve being stolen and reposted)

[calciumcryptid]

Congratulations to TanFang on the sex. I'm glad the series remembered you two are university students.

[dkettchen]

When your stupid twink is over there doing his lil steppies to dodge the cyborg-dinosaur-evil-scientist-pop-star's attacks and you don't trust him to not get himself killed, so you tell your doctor to roid you up with the special drug already, so you and your 20-30 broken bones can go save his ass to assure he's alive enough to take care of you later when you'll be twice as hurt bc of said drug's consequences:

[inconclusionray]

If I see one more "poor Izzy was in an abusive relationship for twenty years :'(" take I'm going to set this pirate ship on fire.

[alphaketoglutaricacid]

As much as i think toshiros complicity is based in his cowardice I do kinda get why he didnt talk to tade about what he thought abt how she views her retainership. Like even if he had that conversation like what could she do other than nod and smile—the power differential between them is huge. I feel something that plays into his conflict aversion is that if he did get upset or hit someone its not like they could hit back without serious consequences. But also he’s been raised in an environment where his comfort has always been prioritized above other ppls wellbeing and he def chooses the easier route A Lot. Like the fact that instead of genuinely engaging w whats going on w izutsumi and tade he ignored all his retainers, let maizuru handle it, and went on some two year spring break dungeon crawling whatever like words cannot describe what an abdication of responsibility this was. That instead of working w his party he went off on his own w his retainers bc he just didnt want them to know he was a noble that much (granted he also didnt think laios was cut out to lead which tough but fair) like cmon man…. But i do think his fight w laios was good for him even tho it was a shitty bitch fight when they rlly shouldve been helping their party revive ppl bc he could have a conflict on equal footing w someone. His whole life hes viewed himself as someone w no power (and the ways this is false esp on the island) but i think in the dungeon he realized he genuinely has a responsibility to his retainers n his actions led to them following him into something really dangerous when they had no dog in this. But also it seems as an attempt to reciprocate, he does seem to have become very observant of other people beyond what is normal bc he doesnt speak much. Culture plays into his clash w laios but i think the fact he’s grown up being so closely observed and in turn closely observes others plays into it too. But its fun how hes always toeing the line between being a spoiled brat, being too passive bc of his own lack of agency, n also that hes genuinely intelligent and has thought a really long time about power.

I think it also gets at why marcilles plan to equalize the races by making their lifespans the same was doomed to fail and also highlights how she can only view other ppls oppression thru her own suffering—that theres always going to be differentials in power that are difficult, but you have to interact meaningfully w them rather than running from them. A simple world w easy solutions like that would be bloodless and false, no?

[lyricalive]

[Touhou Ship Week, Day 5]: TRUST + PERFORMANCE 🥁🎹

As music bares the soul, a duet is a performance of trust! You have to be on the same wavelength to match your partner's rhythm. 🎵

[tea-and-secrets]

bf admitted he gets turned on at the thought of being pushed down the stairs. he said every time he’s tripped or fallen up and down the stairs he gets so turned on he just lies there til he climaxes at the thought of being pushed or falling again.

i cant believe this at all, this feels like a weird test? so do i do it? im just scared hell get hurt but he swears hell position and tumble himself so he wont break his neck, he just really wants me to push him down the stairs.

.

[wageronancap]

When we consider abusive relationships, we often think of domestic violence, verbal and emotional degradation, and physiological neglect. These are all correct and valid interpretations of the term "abusive relationships".

I think an aspect of abusive relationships that doesn't get enough attention, however, is coerced association. If you don't want a relationship with someone, and they violate that boundary, that's an offense against your dignity, your ability to control where to invest your time and energy and emotions, your ability to control how you share yourself and your life. When you find you're forced to spend time with someone you don't want to, forced to spend energy on a relationship that isn't bringing you joy and fulfillment but is instead draining you, closing down your mind to joy and flourishing and focusing your mind and soul to fear, resentment, anxiety, terror, and rage... That's our response to being victims in a coerced association.

A coerced association is immoral for the same reason slavery is immoral: it violates the consent ethic. Coerced associations and slavery both objectify the victim, transform the victim into a resource for the offender's exploitation. It is a violation of the divine spark that lies within our souls.

Incidentally this is the core of democracy's failure. The election process is naught but a giant web of coerced associations. We are either subjected to the rule of strangers with values we do not share and are therefore victims of tyranny, or we seek to control strangers without regard to their values and become tyrants ourselves. And in my case, where I refuse to become a tyrant or endorse someone else's tyranny, I become a victim of both sides.

I am absolutely convinced that the decline of our society, the plummet of trust we share in our neighbors, is directly tied to the increased control our government demands over our lives. The more control the government has over us, the higher the chance they can harm us or prevent our flourishing; the more imperative it becomes to minimize the harm from government and minimize its interference to our flourishing, the drive to control that government increases; the more we seek to control that government, the more we will encounter ideological conflict from those trying to do the same thing we are doing, to mutually exclusive ends: the more we try to compete for a finite resource like control of the government, the more we are driven to mistrust and fear and hate each other.

The solution, therefore, is to recognize that we have no right to control the lives of others just as they have no right to control our lives. We must reject authoritarianism both locally and nationally. Once we eliminate these coerced relationships we have with each other, more honest and meaningful consensual relationships can arise and thrive; I genuinely believe we will witness an explosion of flourishing, should we make consent the constant foundation of our relationships.

[fthrrabies]

During hot summer months, the RCM workers are allowed to put on skirts, not higher than 5 cm from knees. Not patrol officers, though.

[chamerionwrites]

I feel like an issue people sometimes have on Tumblr is seeing good friends (whom they maybe don’t realize are good friends, because reblog chains) being jokily rude to each other, and then misapprehending this as the cool and hip language of online communication instead of the familiar way that friends sometimes talk to each other.

But as in real life, there is a difference between insulting your friends (whose sensitive spots you know well enough to avoid, whose personal communication styles you are familiar with, who know *your* personal communication style well enough to not have doubts about the distinction between playful and mean, who would feel comfortable telling you if you crossed a line) and insulting complete strangers. And as in real life, being rude to people you’ve never even spoken to before doesn’t make you look cool and hip, it makes you look like a self-centered mannerless gremlin