#familycourt

[pattyspatio]

Fostercare children are overmedicated.

Over 300,000 children were prescribed medications with doses higher than what is recommended for an adult. Over 300,000 children were prescribed medications with doses higher than what is recommended for an adult. Legislation was made a few years ago so that pediatricians can address mental health conditions in children, but are they actually qualified to make the diagnoses and help the child…

[seemabhatnagar]

Law relating to transfer of Matrimonial dispute filed in different districts, same State

Rajam Babu v. Babu KK

Transfer Appeal (C) NO. 3 / 2023

Before High Court of Kerala at Ernakulam

Appeal allowed on 21.06.2023

By Hon’ble Mr. Justice Anil K Narendran J & Hon’ble Mr. Justice P G Ajithkumar J

Order:

Writ appeal of wife was allowed in view of Section 21A of the Hindu Marriage Act 1955 providing transfer of connected matters to the place where the petition was firstly filed and also to avoid conflicting decision in connected matters.

Background

Appellant wife aged 69 years initially filed Transfer Petition seeking transfer of divorce petition, filed by the husband aged 72 years, at Ernakulam Family Court to the Thrissur Family Court where she had filed petition for Restitution of Conjugal Rights. Both the petitions were filed under Hindu Marriage Act 1955.

The transfer petition was dismissed by Single Judge of the Kerala High Court as no special reason was cited by the appellant except old age which happened to be the fact for the respondent husband also.

Aggrieved by the dismissal of her transfer petition appellant wife filed Writ Appeal before the Division Bench of the Kerala High Court.

Contention of the Appellant was that it would be convenient for her at Thrissur and prayed for trial of both the cases together.

Hon’ble Apex Court in the case of Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry held that ordinarily a petition for divorce and a petition for restitution of conjugal rights between the same parties shall be heard and decided together in order to avoid conflicting decisions. A joint trial of two cases is possible only if both cases are in one court.

Technical point on the point of transfer of petition:

Section 21A(2) of Hindu Marriage Act 1955

“if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.”

Observation of Court

In the present matter husband filed divorce petition later and wife filed Restitution of Conjugal rights before.

Decision:

Wherefore the Hon’ble Court allowed the Writ Appeal and transfer of the Divorce petition at Family Court Thrissur.

Seema Bhatnagar

[thomascarterpd]

Reliable Parenting Capacity Assessments for Legal Needs

Receive detailed parenting capacity assessments for family court and legal processes. Expert evaluations that help support fair, informed decisions about child welfare.

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[govanguy]

@GerryHannah

False evidence used against you in Family Courts 

[project-321]

Child custody arrangements are vital for ensuring the stability, security, and emotional well-being of children during and after family transitions.

[soolegal]

Usually, the decisions are taken by the judge or the mediator.

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[advoacte-vishal-bhambri]

Divorce Services Offered : Property Division

Dividing marital assets can be complex, especially when emotions run high during a divorce. Advocate Vishal Bhambri will carefully assess the assets and liabilities involved and negotiate fai settlements for property division. His goal is to protect your financial interests while ensuring a fair distribution of assets.

[evedawbin]

⚖️Discover unparalleled expertise in family law matters on the Gold Coast with The Aylward Game Law Team

⚖︎ Renowned for compassionate handling of divorce, child custody disputes, and property settlements. Their extensive experience, positive client reviews, and local legal knowledge set them apart. Trust them for dedicated and influential representation in all areas of family law. Your journey to resolution starts here. 💼

🕵🏼‍♂️ Know more about us at: https://familylaw.aylwardgame.com.au/choosing-the-right-family-lawyer-in-gold-coast/

[eulasanford-blog]

⚖️Discover unparalleled expertise in family law matters on the Gold Coast with The Aylward Game Law Team.

⚖︎ Renowned for compassionate handling of divorce, child custody disputes, and property settlements. Their extensive experience, positive client reviews, and local legal knowledge set them apart. Trust them for dedicated and influential representation in all areas of family law. Your journey to resolution starts here. 💼

🕵🏼‍♂️ Know more about us at: https://familylaw.aylwardgame.com.au/choosing-the-right-family-lawyer-in-gold-coast/

[btofamilylawuk]

The Importance of Legal Representation: Child Custody Lawyers in Glasgow

In the realm of child custody disputes, the importance of legal representation cannot be overstated. Child Custody Lawyers in Glasgow serve as advocates, negotiators, and legal experts, guiding parents through the complexities of family law. Their role is not just to win cases but to ensure that the welfare of the child remains the focal point of legal proceedings. For any parent facing a child custody battle in Glasgow, seeking the expertise of a qualified Child Custody Lawyer is a crucial step toward a fair and just resolution.

[pattyspatio]

RICO complaint in Connecticut names over 300 judges and other entities.

A RICO lawsuit was filed in the US District Court for the District of Connecticut against over 300 judges, lawyers, entities, and institutions. Theodora Antar, who is a mother and in her second year of law at the University of Connecticut School of Law has filed a RICO complaint. Antar alleges the misuse of federal funds, alleging that Connecticut has misappropriated billions of dollars…

[seemabhatnagar]

‘The mother is weightier than the earth; the father is higher than the heaven’

Manoj Kumar v. State of Jharkhand and another

Crl. Rev. 535/2023

Before High Court of Jharkhand at Ranchi

The Hon’ble Mr. Justice Subhash Chand J upheld the order of Family Cort affirming the order of maintenance amounting to Rs. 3000/- pm to be paid by the younger son & present revisionist to the father.

Background

This is a Criminal Revision preferred against the order dated 15.03.2023 passed by the learned Principal Judge, Family Court, Koderma in Maintenance Case whereby the Court below has allowed the application under Section 125 of the Code of Criminal Procedure directing the petitioner to pay the maintenance amount of Rs.3000/- to the Opposite Party father & dismissed he Criminal Eevidion

Facts

This is a case where an father(Deoki Sao-OP) filed a case before Family Court claiming maintenance @ of Rs. 10,000/- from his younger son.

Deoki Sao has two sons Elder one Pradip Kumar & Younger one Manoj Kumar.

Deoki Sao divided his agricultural land equally amongst his two sons.

He is living with his Elder son who is maintaining him.

Younger son is neglecting him.

He has no source of Income as he has divided equally his agricultural land to his son.

He earns Rs.50K from grocery shop and Rs. 2 lakhs from agricultural land.

As such he is claiming Rs.10K from his younger son as maintenance.

Submission of the Petitioner son Manoj Kumar

Father is habitual litigant.

His father was going to sell his ancestral property which he opposed as such he became annoyed and wants to teach him a lesson so filed maintenance petition.

Wherefore Maintenance application be dismissed.

Koderma Family Court Order

After hearing the parties the Family Court allowed the petition on 15.03.2023 of maintenance fixing Rs.3000/- pm as maintenance to the father Deoki Sao from  the date of application i.e. 15.02.2022.

Issues before the HC

Whether the finding recorded by the learned Court below on the point of determination whether the father is unable to maintain himself and the son has been neglecting to maintain his father is based on proper appreciation of evidence?

Whether the quantum of the maintenance is itself proportionate in view of the income and liability of the son, the petitioner herein?

Observation of the Court

Neither the son Manoj Kumar nor his witnesses ever said that Manoj Sao has been maintaining his father rather it is admitted by all the witnesses that Manoj Sao as well as his father has given two acres land to him, in which, he cultivates.

The house, which fell in his share and in which, Manoj Sao resides, admittedly, as per the statement of Manoj Sao, the same was built by his father comprising therein 12 room, in which, he resides and has been running shop of grocery.

The father has given the share in whole property to his younger son equally but he has not been maintained by his younger son for more than 15 years.

Even if for the sake of argument, the father earns something; it is pious duty of a son to maintain his old aged father.

Issue No.1 is decided in favor of the father.

From all the sources tentatively, it can be assessed Rs.30,000/- per month and out of the same, the trial Court has directed only 1/10th portion i.e. Rs.3,000/- per month payable to the father, who has given birth to his son and brought up him and has also given the house, which he has built comprising therein 12 rooms, two acres of agricultural land.

The maintenance amount of Rs.3000/- cannot be said to be disproportionate.

Issue No.2 is decided in favor of the father.

[kapadiaau]

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[govanguy]

Who can they trust or believe? 

[project-321]

If you are separating from your partner or need new arrangements to your living situation, there are few cohabitation arrangements you can request in a family court.

[soolegal]

It proceeds similarly to any other civil matter in that there is a petition, a reply, a cross-examination of the evidence, and concluding arguments.

⚖️ 𝐋𝐞𝐠𝐚𝐥 𝐠𝐮𝐢𝐝𝐚𝐧𝐜𝐞 𝐚𝐭 𝐲𝐨𝐮𝐫 𝐟𝐢𝐧𝐠𝐞𝐫𝐭𝐢𝐩𝐬!

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