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Home Articles posted by Malavika Rajkumar (Page 7)

Mehr/Dower in a Muslim Marriage

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

During a Muslim marriage ceremony, a sum of money or property will be decided to be paid to you by your husband, known as mehr or dower. Traditionally meher is understood as an amount reserved for the wife for when she needs it the most, that is either after divorce or death of the husband.Read more

Iddat After Divorce in Muslim Marriages

By Malavika Rajkumar | Divorce for Muslim Marriages | 2 comments | 27 June, 2019 | 1

The Iddat period after divorce in a muslim marriage is a period of time where the wife is not allowed to marry anyone else or have sexual intercourse with anyone. Only women have to follow the Iddat period under the Muslim Law. If you have been divorced by your husband then the iddat period is:Read more

Bearer Cheque

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 14

If you have a bearer cheque, then you can present it to the bank and get the cash amount written on it. Any person can give the cheque and collect the money written on it. For Example: If Sanjana presents the bearer cheque at the bank counter for encashment, the amount will be paid inRead more

Cruel Behaviour and Muslim Marriage Law

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

There are provisions on cruel behaviour under the Muslim marriage law. Cruelty is any conduct or behavior which causes harassment in the mind of the spouse. Under the Muslim law, cruelty is specifically understood as when your husband: Habitually assaults you or physically abuses you. Has sexual intercourse with other women. Forces you to leadRead more

Uncrossed Cheque or Open Cheque

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 1

An uncrossed cheque or an open cheque is a cheque that has not been crossed with two parallel lines on the top left corner. Such cheques can be encashed at any bank. You can collect the money for the cheque from the bank counter. It can also be transferred to the bank account of theRead more

Muslim Divorce if Husband Is Impotent

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Under Muslim law, you can file for divorce if you find out that your husband is impotent or even if you knew throughout your marriage that your husband was impotent. In this situation your husband can do either of the following: Accept in front of the Court that he is indeed impotent. Deny the impotencyRead more

Crossed Cheque

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 1

Crossing a cheque means that it cannot be transferred to anyone else. In such cheques, you have to draw two parallel lines on the top left corner of the cheque and you can write the words “Account Payee Only” or “Not Negotiable” with it. For illustration purposes only These cheques cannot be encashed at theRead more

Valid Cheques

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

A valid cheque is one that can be presented to the bank in order to receive money from the drawer’s account. The validity of the cheque will depend upon the date it was issued. Once a date has been written on a cheque at the time of issuance, it will only stay valid for upRead more

How Cheques Work

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

Let’s understand how cheques work. A cheque is a promise made in writing by one person to another to unconditionally pay a specified amount of money. However, you can also write a cheque to yourself. For example, if Amit owes Asha Rs. 10,000, he can give Asha a cheque of Rs. 10,000. When Asha presentsRead more

Muslim Divorce if Husband Does Not Perform Marital Obligations

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Under Muslim law, you can divorce if your husband does not perform marital obligations. If your husband, without any reason, decides not to perform his marital obligations for more than 3 years then you can go to Court to file for divorce. Marital obligations include: Sexual intercourse Living together in the same houseRead more

Muslim Divorce due to Incarceration of Husband

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Under Muslim law, there are provisions for divorce due to incarceration of husband. If your husband has been convicted of a crime and is sent to jail for 7 years or more, then you can go to Court to file for a divorce. Such decree for divorce may be granted only if the husband’s sentenceRead more

Muslim Divorce due to Non-Payment of Maintenance by Husband

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Under Muslim law, there are provisions for divorce due to non-payment of maintenance by the husband.  Your husband has failed to provide maintenance to you for a period of 2 years, then you can go to Court to ask for a divorce.Read more

Muslim Divorce due to Missing Husband

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Under Muslim law, there are provisions for divorce due to missing husband.  You can file for divorce if you do not know the whereabouts of your husband for a period of 4 years.Read more

Precautions to be Taken by Banks

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

There are certain precautions to be taken by banks when dealing with cheques. Use CTS Cheques Only Banks should use “CTS 2010” cheques which are not only image friendly but also have more security features. Using Stamps on Cheques With Care Banks should exercise care while affixing stamps on the cheque forms so that itRead more

Wife Approaches Court for Divorce for Muslim Marriage

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons: Absence of Husband When your husband has been missing for over 4 years. When your husband goes to jail for 7 years orRead more

Wife Wants Divorce for Muslim Marriage

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 2

Given below are the provisions for divorce to a marriage under Muslim law, when initiated by the wife.  Khula Khula is divorce initiated by the wife. If you want to divorce your husband, you can go to either the court directly or to a Mufti. The Court or the Mufti will ask the husband toRead more

Precautions to be Taken by Customers

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

There are certain precautions to be taken by customers when dealing with cheques. Ensure that the cheque has CTS 2010 written on it. Preferably use image-friendly coloured inks like blue and black while writing cheques. Avoid using inks like green and red. You should also avoid any alterations/corrections once you have written the cheque. Preferably,Read more

Settlement Out of Court

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

 Settlement out of court can happen when a criminal complaint is filed for a cheque bouncing case. The law allows for settlement through a legal concept called compounding of offences. In this process, the payee/holder of the cheque agree to not file a court case or agrees to withdraw his court case in exchange forRead more

Husband Wants Divorce for Muslim Marriage

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 1

As a man in a Muslim marriage, you can simply divorce your wife by ending the contract of marriage you have entered. You don’t necessarily have to approach the Court since you have many options of ending the contract of marriage through various methods prescribed under Islam. Since your marriage is a contract, you canRead more

Banks Falsely Bouncing Cheques

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

 There can be cases of banks falsely bouncing cheques. It is possible that a cheque could be wrongfully dishonoured by the bank. This can happen either due to negligence or mistake on part of the bank. This amounts to the offence of ‘deficiency in service’ in consumer law. If this has happened to your chequeRead more

Time Period for Filing a Complaint about Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

There is a specified time period for filing a complaint about cheque bouncing. You must file the case in court within one month after the 15 day notice period has expired. The Court will not entertain your complaint beyond that period. However, if you can show sufficient cause for why you did not file within theRead more

Filing a Case Against a Company for Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

When a case of dishonour of cheque is filed against a company then every person who was in charge of the conduct of business of the company, as well as the company will be held guilty of the offence. However, if the person in charge of the company proves that the cheque was dishonoured withoutRead more

Where to File a Complaint about Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

Complaint about Cheque Bouncing Complaint to Recover the Cheque Amount Such a complaint is a civil complaint. In order to recover your money, you need to file a money suit either in the City Civil Court or the District Court depending on how much amount you are looking to recover. You have to file this caseRead more

Who Can File a Case for Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

You can file a case for cheque bouncing, as a civil or criminal complaint under the law if the following conditions are fulfilled: X owes you some money and issued a cheque to pay it. You presented the cheque for payment within the period of its validity (3 months). The bank returned the cheque andRead more

Punishment for Cheque Bouncing Cases

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

Cheque bouncing is both a civil and criminal offence. You can file a civil suit to recover your money as well a criminal complaint to punish the person for bouncing your cheque. The proceedings for both will happen in two different cases. You can choose to file only one case or you can file theseRead more

Arrest for Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

Cheque bouncing is a criminal offence and you can be arrested by the police. It is important to note that the police cannot arrest you without a warrant. However, in most cheque bouncing cases, a warrant for your arrest is issued if you do not appear before the Court after being summoned. The crime ofRead more

Intention of Drawer of Cheque

By Malavika Rajkumar | Money and Property | 0 comment | 27 June, 2019 | 0

If a cheque you issued has bounced, it is irrelevant whether or not you intended to for your cheque to bounce. Even if the bouncing of the cheque has happened without ill intent or malice it is considered illegal and a crime under law.Read more

Notice After A Cheque Has Bounced

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

Punishing the Issuer of the Cheque Send a demand notice If a cheque that you’ve received as payment has bounced, you must first send a notice to the issuer of the cheque to pay the amount that was due, along with the cheque return memo that you have received from the bank. This is knownRead more

Cheque Bouncing

By Malavika Rajkumar | Cheques, Money and Property | 0 comment | 27 June, 2019 | 0

One of the ways in which a cheque is said to have been ‘bounced’ or ‘dishonoured‘ is when it is deposited or presented for payment but could not be encashed by the holder of the cheque. This is known as cheque bouncing There are several reasons why a cheque would bounce. However, not all ofRead more

Ending a Muslim Marriage

By Malavika Rajkumar | Divorce for Muslim Marriages | 0 comment | 27 June, 2019 | 0

Marriage is a contract under Muslim law, which may be in a written form or an oral form. A married Muslim couple under the law has to fulfill certain marital obligations such as living together and having sexual relations. Apart from marital obligations, they also have certain legal obligations to fulfill, such as: Dividing theRead more

Punishment for Abandoning and Neglecting Senior Citizen

By Malavika Rajkumar | Care for Parents and Elderly | 0 comment | 27 June, 2019 | 0

If you leave a senior citizen at some place with the intention of abandoning them and not taking care of them, you can be punished with jail time of up to three months and/or a fine of up to Rs. 5000. The police can make an arrest without the permission of a court. However, thisRead more

Temporary Maintenance for Senior Citizens

By Malavika Rajkumar | Care for Parents and Elderly | 0 comment | 27 June, 2019 | 0

Senior citizens can make an application to the court to order their children or relatives to pay them temporary maintenance (on a monthly basis). The court has to decide on whether they can get temporary maintenance within 90 days of informing their children or relatives of their application. In special circumstances, the Court can delayRead more

Claiming Maintenance from Tribunal for Senior Citizens

By Malavika Rajkumar | Care for Parents and Elderly | 0 comment | 27 June, 2019 | 0

You can file an application in a Maintenance Tribunal under the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007. You can file with the Tribunal in the area where: You live currently, orHave lived in the past, orWhere your children or relatives live. Once you file an application with the Tribunal, you cannotRead more

Maintenance after Death

By Malavika Rajkumar | Care for Parents and Elderly | 0 comment | 27 June, 2019 | 0

The duty to maintain parents exists even after the death of your child or legal heir. Upon an application, the court may order that a portion of the child or legal heir’s wealth and assets be given to you, if you are old and infirm. The amount of maintenance in such cases will be calculatedRead more

Amount of Maintenance for Parents

By Malavika Rajkumar | Care for Parents and Elderly | 0 comment | 27 June, 2019 | 0

There is no standard amount of money awarded as maintenance for parents. It is decided on a case-by-case basis. The amount due to you will be decided by the court taking into account a number of factors, such as: Status and standard of living of the child or legal heirYour needs and requirements (reasonably calculated)WhetherRead more

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Nyaaya - India's Laws Explained
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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

  • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
  • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
  • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

  • At birth: Rs 2000
  • Age 1 upon issuance of Aadhar card: Rs. 1000
  • Age 2: Rs. 2000
  • Passing 12th grade: Rs. 10,000
  • Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

  • The girl child gets a health insurance cover of upto Rs. 25,000 per month
  • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
  • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
  • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

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