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Home Search results for "Family" (Page 2)

What is the Role of a Protection Officer?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. If you decide to file a domestic violence complaint, a Protection Officer (PO) is generally the first point of contact for you. Anyone, including someone you know, can visit, call, or write to a Protection officer in your districtRead more

What is Counselling under Domestic Violence law?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. Counselling refers to the provision of professional guidance by a counsellor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come upRead more

How can you get Compensation or Money for Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. To get money or compensation from the harasser, you can file an application 1 with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate youRead more

How can you get Immediate Protection for Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child/children protectionRead more

What is a Residence Order under Domestic Violence law?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a ProtectionRead more

What are the Domestic Violence Helplines?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. You can also reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support. The relevant governmental helplines are listed below. Violence and Crimes Police If youRead more

How can you File a Criminal Complaint for Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

In addition to filing a case for domestic violence, where you can seek, among other things, protection or monetary relief, you can also1 file a criminal case with the Court against the harasser if the violence you faced is severe. By filing a criminal case, the harasser would be punished for the act of violence committedRead more

How can you Get Help and Support against Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. While filing a domestic violence complaint, you might need additional support and help, which you can access by approaching the authorities listed below.  Support and Assistance Protection Officer You can also approach the Protection Officer of your district, whoRead more

How can you go to Court for Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection1. You should take the help of a lawyer and if you doRead more

What are Medical Facilities and Shelter Homes?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 0

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. Medical Facilities If you have been subjected to domestic violence, it is your right to receive medical assistance. You can approach the Protection Officer of your district or any service provider working within the ambit of women’s rights, andRead more

What is Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 1

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger. With the help of the law1, you can: Prevent further violence by getting immediate protection. To get immediate protection, you can approach differentRead more

What is the Time Limit to Complain against Domestic Violence?

By Nyaaya | Domestic Violence, Family | 0 comment | 30 October, 2019 | 2

There is no specific time limit1for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might beRead more

Guidelines for Arrests in Cruelty and Dowry Cases

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 2

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs. Police The police should not arrest the husbandRead more

Cases of Dowry Death

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 2

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty. Death by suicide is also considered as aRead more

Cruelty and Deaths from Dowry Demands

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 1

Indian law criminalises the actions of cruelty and death resulting from dowry demands. This is known as dowry death. If the death of the wife was because of harassment for dowry demands, the husband and the in-laws of the woman can be punished. In cases of cruelty and harassment, you can approach the police stationRead more

Bail for Accused of Dowry-Related Offences

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

All crimes under this law are non-bailable offences. Therefore, a person arrested under this law cannot get bail as a matter of right. However, bail can be granted at the judge’s discretion.Read more

Proving a Dowry-Related Crime

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Usually, in criminal law it is upon the person making the complaint to prove that the person they are accusing has committed the crime. But in cases of dowry the person against whom there is a complaint has to prove that they are innocent. For Example, if Simran makes a complaint that Raj has askedRead more

Maintaining A List Of Gifts During Marriage

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily. Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not beRead more

Women’s Right to Take Possession of the Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property. You have a right to any property given as dowry to your husband and his family. There isRead more

Ban on Advertising for Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative. Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished withRead more

Agreement to Pay Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Any agreement for the exchange of dowry is not valid. You cannot go to court if your future or existing father-in-law refuses to pay dowry after entering into an agreement to pay you dowry. The agreement will be treated as if it never happened. It has no legal effect.Read more

Mehr and Dower Not Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 0

It is important to note that Mehr or Dower given during Muslim marriages is not the same as dowry. The exchange of Mehr that takes place is as per religious and customary practice, and is absolutely legal.Read more

Complaining about a Demand for Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 2 comments | 2 August, 2019 | 0

There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce. The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at theRead more

Exchange/Giving or Taking Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Any person who: gives or takes dowry, and anyone who helps in the exchange of dowry. can be punished under the law. For Example Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam. Scenario 1: When the broker is involved: If theRead more

Demanding Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

It is illegal to demand dowry from anyone related to the bride or groom as a condition of marriage. If you demand dowry you can be punished with jail time between 6 months and 2 years and/or fine which may go up to Rs. 10,000.   powered by TypeformRead more

What is Dowry?

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 0

Dowry is anything which has value (such as cash and property) which is given by the bride’s family to the groom’s family as a condition of marriage. 1 The law does not stop the exchange of gifts with the fiance’s family during the wedding. The purpose of this law is to prohibit coercion during theRead more

Is marrying someone from another religion allowed under the law?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

Under muslim personal law, a muslim male can marry not only a muslim woman but also a Jew or a Christian Woman. The only prohibition is with the muslim woman who cannot marry anyone who isn’t a muslim. 1 A woman can renounce Islam and marry anyone who is not a muslim, thereby completely changingRead more

What is the practice of polygamy?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

Islam recognizes polygamy, which means the practice of having more than one wife at a time. A muslim man is permitted to have a maximum of four wives at a time. However, Courts have held this is not an unrestrained right. 1 If a man marries a fifth wife, the marriage is not unlawful or invalidRead more

Who is a guardian under muslim law?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians1: Father.Paternal grandfather how high so ever.Brother and other male relations on the father’s side. If these paternal relations are not there then the right goes to: Mother.Maternal UncleRead more

Can a person with an unsound mind get married under muslim law?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

For those people with an unsound mind, marriage can take place with the permission of the guardian, but this option can only be exercised when the person with an unsound mind recovers reason or becomes sound.  1 Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.330.[↩]Read more

What is a valid marriage?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 1

The validity of a marriage can be checked through the nikahnama, which is considered integral to a religiously-valid Islamic marriage. The Qazi will maintain the nikahnama. If there is no nikahnama then the Qazi himself can be the witness. 1 The nikah can also be done though phone or the internet. 2 It will beRead more

What are prohibited relationships under the law?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

Certain relationships are prohibited under the law. This means that a person cannot marry certain kinds of relatives1: Blood Relations  You cannot marry your mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunts, or great aunts. You also cannot marry someone who is also related to you through such relatives. For example, you cannot marry yourRead more

Who are the witnesses required during a muslim marriage?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 5

The marriage has to take place in the presence of1: Two male witnesses or One male and two female witnesses.  These witnesses must be muslims, adults and of sound mind. The Sunni School of muslim law, specifically requires two witnesses to present while the Shia School of Law does not require the presence of a witnessRead more

What is the proposal and acceptance requirement for muslim marriage?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

There should be a proposal of marriage made by or on behalf of one of the parties and the other party has to accept this proposal. Both the bride and groom have to say Ejab e Qubool (Qubool hai), which means “I agree”. 1 This has to be said out of their own will andRead more

What are the eligibility criteria for muslim marriages?

By Malavika Rajkumar | Marriage and Divorce, Muslim Marriage | 0 comment | 28 June, 2019 | 0

For a marriage to be legally recognized as a muslim marriage, the following conditions must be met1: Age A couple can get married if they have attained puberty (usually 15 years).  Mental State A person with mental illnesses can get married if their guardian has given consent to the marriage. ‘Consent’ or agreeing to getRead more

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Nyaaya - India's Laws Explained
  • Explainers
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    • Marriage and Divorce
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      • Dowry
      • Hindu Marriage
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      • Muslim Marriage
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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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