Month: September 2021

Divorce by Mutual Consent As Under Hindu Law

Divorce is the legal dissolution of marriage. Under Hindu law either of the aggrieved party to the marriage can file for divorce under any of the grounds mentioned in section 13 of the Hindu Marriage Act, 1955. However, if the parties are of the view that their marriage is not working and they cannot live with each other, then in that case they can file divorce by mutual consent too. The provision for divorce by mutual consent was not there when the Hindu Marriage Act was originally enacted in 1955. It was only in the year 1976 that by an amendment that a new section 13B was inserted in the Act which dealt with the provision of mutual consent. The divorce by mutual consent is different from a regular case of divorce as in the case of a divorce under section 13, the aggrieved party is the petitioner and the other party is the respondent whereas it is not so in the case of a divorce by mutual consent. In divorce by mutual consent both the husband and the wife are the petitioners and they file a joint petition seeking dissolution of their marriage. However, the consent must be free and not obtained by way of force, fraud, undue influence or any kind of threat as the whole purpose of mutual consent will be vitiated if consent is not free.

One of the important conditions for seeking divorce by mutual consent is that the husband and the wife must be living separately for one year prior to the filing of the petition. If this condition is satisfied then both the husband and the wife can file a joint petition in the District Court. The filing of the joint petition is known as first motion petition in which both the parties have to give affidavit that due to irreconcilable differences between them, they can no longer stay together as husband and wife and that divorce should be granted to them. After that a cooling period of 6 months starts. This period of 6 months is given by the Court so that both the husband and wife can think over again of their decision of divorce and to find possibility of reconciliation. However, if still there is no reconciliation then the husband and wife can file second motion petition after the expiry of 6 months and not later than 18 months.

The parties are at a liberty to withdraw his/her consent at any point of time. The Supreme Court in the case of Hitesh Bhatnagar vs. Deepa Bhatnagar (2011) held that even if husband or wife withdrew consent after 18 months but prior to passing of the decree by a competent court, the court could not grant divorce. So, either of the husband or wife can withdraw his/her consent before the passing of the decree by the court.

So, a divorce by mutual consent means a decree of divorce obtained when both husband and wife, agree for divorce in an amicable manner. It avoids the allegations made by either party against the each other and also it is the quirkiest form of divorce.

Foreclosure Crisis Hits Oldest Americans Hardest

As everyone knows, the foreclosure crisis hit Americans of all backgrounds hard. And, regardless of all the talk about our supposed “recovery”, most people are still feeling the lingering effects of the Great Recession. Now, a new report by the American Association of Retired Persons Foundation entitled “Nightmare on Main Street: Older Americans and the Mortgage Market Crisis” reveals two disturbing trends: First, many Americans over 50 are either in foreclosure or in danger of ending up in foreclosure. Second, the foreclosure rate for Americans 75 and older has been higher than for most other groups of people over age 50.

This reverses the trend that had been established over the past decades where the majority of older Americans had paid off their mortgages by the time they reached retirement age and had a measure of security when it came to their homes and their equity. The past 20 years or so saw a reversal of those trends.

The study is the first of its kind, gauging the effects of the mortgage crisis on Americans age 50 and older for the years 2007 through 2011.

Among the report’s major findings:

  • 3.5 Million Americans age 50 and older are “underwater” (16% of loans).
  • 600,000 Americans age 50 and older are in foreclosure.
  • 625,000 Americans age 50 and older are 90 days or more delinquent on their mortgages.
  • 1.5 Million Americans age 50 and older lost their homes to foreclosure between 2007-2011.
  • Serious delinquency rates of borrowers age 50-64 and 75+ are higher than those of the 65-74 age group. People in the 75+ age group in particular are facing increasing mortgage and property tax expenditures and decreasing average incomes.
  • The increase in foreclosure rate was highest for those 75+.
  • Many people deplete their retirement and savings in an attempt to save their home. Older people face more challenges recovering from a foreclosure because they have fewer working years remaining in which to rebuild their finances; moreover, those who have lost their jobs face longer periods of unemployment, and when they do find a job, it is often at a lower salary than the one they had.
  • The presence of homes lost to foreclosure in a given neighborhood is associated with increases in anxiety and suicide attempts, hypertension, and physical complaints that could be stress related.

There are many choices when you fall behind on your mortgage, including:

  • Loan Modification – where the terms of your mortgage are re-negotiated so that your monthly payment becomes more manageable.
  • Short Sale – where the lender agrees to accept less than the full amount owed on your mortgage as full settlement.
  • Forbearance – where a payment arrangement is worked out for the amount of the arrears.
  • Deed in Lieu of Foreclosure – where the lender allows you to deliver a deed to the premises as settlement of your obligations under the mortgage.
  • Bankruptcy.

The one thing you should not do is procrastinate. Time is of the essence. Beware scammers who offer to help for a large up-front fee. Instead, use a government approved agency or a trusted lawyer.

Avoid a DUI With Designated Driving Services

Anytime you are going out drinking, you need to plan ahead and figure out a designated driver that is sober to bring you home. The best options are to designate a friend to pick you up or choose someone going out with you to not drink, so your car isn’t left stranded. For many of us, we don’t plan ahead for a safe ride. If you find yourself with no way home at the end of the night, there are several designated driving services you can choose from. Most of these are paid and a few may be free, dependent on location and timing.

Advantages of Designated Driving Services

When the night is over and you find yourself drunk with no way home, do not get behind the wheel and drive. There are many services to choose from that will bring you home safely. The majority of driving services cost money, but it will cost a lot less than getting charged with a DUI. Do some research to figure out what the best option is for you based off a few factors.

There are a lot of year round companies that offer this kind of service. Each works a different way, such as them picking you up in their car and driving you home. In this case, you will need to leave the car you drove behind and pick it up another day. Some services bring your car home for you and some may even drop someone off to drive your vehicle and follow you both home. There can be several rules, dependent on where you’re located, what time of day it is, and what time of year it is. Lots of states have services specific to that state and rides may even be free if it is a holiday.

Free Driving Services and Limitations

Most driving services cost money, but there are a few that will offer free rides on holidays like New Year’s Eve. Companies do this to reduce the amount of drunk drivers on the road since most people are out drinking on holiday nights. There are even some non-profit businesses that offer free designated driving services all the time depending on the state. One company that offers free towing services with limitations is A.A.A. Tipsy Towing. However, this is not currently offered in the state of Colorado.

In Colorado, the only free services currently offered are on holidays. The local public transportation called RTD offers free bus or light-rail rides in certain areas and between certain times. There are a few law firms around that may reimburse you for taking a paid service such as a taxi, up to a certain amount. There are also other programs in the mountains called the Free Ride Transit System. Every once in a while, some police departments will come up with promotional campaign ideas for free rides in order to reduce the amount of drunk driving accidents. Do some research in your area and when you find a free ride service, don’t forget to tip the driver!

Options for Paid Driving Services

There are several services that can be used as a safe ride to avoid risking a Driving Under the Influence charge. If it is not a holiday and there are no free options at your disposal, some of the most obvious paid services include calling a taxi cab or public transportation such as buses and light-rails. Public transportation can be a good option because, most of the time, you can park your car in a free lot before hopping on at a certain location. Even though these are paid, they will be much cheaper than paying for a DUI! However, you may have to leave your car behind if you drove, so designate your own sober driver if you can to avoid parking tickets or your car getting towed.

Locally in Colorado, there are designated driving services that many of us have heard of. The most popular include Uber and Lyft. These services can be called to have a driver come pick you up and bring you home in their own personal car, instead of a marked car like a taxi. These services may be cheaper depending on the time of day. Keep in mind, Uber and Lyft may offer discounted rides, up to a certain amount, or one free ride for the first time you use them. Both services will give free rides on holidays too using a special code so look online. One other paid service you may not have heard of is called Denver Roadies. This is located strictly downtown and the driver brings their own foldable scooter to place in your trunk while driving you home and then scoot off to their next destination after dropping you off.

Internet Law – 4 Strange Laws Involving the Internet

As strange and shocking as it may sound yes there are certain laws that are set out by the government designed to keep us safe…from the internet? Amongst the many laws about the internet that here is a look at the top 4 strangest internet laws. In no particular order here is the first one.

Upsetting the entertainment industry

It is made up mostly by penalties for people who upset the entertainment industry through actions such as downloading and sharing content illegally. The penalties also include the three strikes rule which allows for your family to be cut off completely from the internet if anyone single member of the household is accused of copyright infringement. The worst part about this is that this can happen without needing any sort of proof or evidence or even a trial. There is also a newer rating system for the gaming industry making more games easily rated not suitable for children or peoples under 16 or 18.

There is also a fine of up to £50,000 if someone is accused of file sharing in your household. A duty is placed on the Internet Service Providers (ISP’s) to spy on all their existing customers to look out for anything that would help the entertainment industry sue them. To make sure the ISP’s carry out this duty any who refuse can be fined up to £250,000.

Wiping out porn all together

The second worst internet law was made in the form of the Communications Decency Act (CDA) 1996. It was the American governments first attempt to regulate internet content. The purpose of the CDA was to keep children away from internet porn. The reason they did this was as a reaction to an article in 1995 called the Rimm Report and it claimed that the internet was full of porn. But after experts examined the article the found many errors to the conclusion meaning that the government’s overreaction was based on bad social science. Furthermore the government mistakenly believed that it would be easy to segregate non-porn content and so developed a tagging system that would allow browsers to block off porn websites from the browsers. The problem here was that such a tagging system did not exist and the browsers were not under any duty to honour this tagging system. The government even threatened with sever punishments such as jail time for breaking this law. They really wanted to get rid of porn from the internet permanently but chose a mean a ridiculous way of doing so.

Having internet access can get you imprisoned

In Burma just having a modem alone even if you were not going to go on the internet and you just had it lying around due to the fact that having the internet is illegal there you would get imprisoned for the possession of a modem alone.

Cyber fraud a bit too extreme?

The final strange law of the cyber world is on the cyber crime of fraud and its punishment compared to fraud in the real world.

In the real world the maximum sentence for the offence of fraud is 3 – 5 years imprisonment. This sounds very strict however for fraud as a cyber crime the maximum punishment is goes up to ten years and a minimum range of 4 – 6 years for altering information on another persons computer even if it is something like the date or some pointless data.

Consider a Few Points About Conveyancing Process

If you have decided to buy or sell a property, then, you would have to undergo the conveyancing process. It is the essential legal procedure of buying or selling any property. And to completely understand the procedure and to completely benefit from it, it’s important that you understand it and clear all your myths associated with it.

The most important thing you need to know is that the procedure might not be cheap. You would have heard from your relatives of friends that the process of buying or selling a property is cheap and won’t cost you much, but the fact is that at times the prices might not be very expensive, yet, they might be quite high. Also, if you decide to go ahead with one of the extremely skilled and proficient conveyancers, then, you might have to pay a lot from your pocket. Also, make sure that you check the fee and charges of the representative you decide to go ahead with. Make sure there are no hidden costs, so that you don’t have to face additional hassles at later stage.

You might deem that the legal representative you hire might arrange for sight inspection or property review, even before you finalize the deal, but that is just a myth. Though your legal representative will be there at every step to ease out the procedure for you, yet, he will not carry out any review before the contracts are exchanged. So don’t get puzzled by the notion of reviews and investigations, which the expert solicitors or representatives are supposed to carry out a later stage.

The other myth that the people generally have is that it is vital to use an attorney for the entire deal. Though the lawyer might be expert in different areas of law, yet he is not as skilled and trained as a conveyancer. Also, it’s not important that the conveyancer you hire should be located in close vicinity. The job of your legal expert is to take you through the entire legal process, reduce your hassles, keep you updated at every step and help you buy or sell your property quickly. All these activities can be done by phone, mail or by post. So, if you have been under an impression that only local representative can handle your case, you are mistaken!

So, if you have already decided about buying or selling a property, but have averted so far thinking about the additional stress involved with the conveyancing process, think no further. Know the facts and work for a successful deal.

Types of Divorce Applications in Ontario

Three types of Divorce Applications in Ontario.

1. Simple Divorce (Uncontested Divorce)

2. Joint Divorce (Uncontested Divorce)

3. Divorce with other relief. (Contested Divorce)

SIMPLE DIVORCE

Simple Divorce is filed by one of the spouses who serve the Application on the other spouse. The spouse who files and serves the Application is referred to as the Applicant and the Spouse who receives the Application is referred to as the respondent to Application. The Respondent is expected to file an answer at the court within the prescribed time, if no answer is filed with the court of justice then the court will proceed with the Application and issue an order. Important to note that in a Simple Divorce, the only relief Claimed from the Court is Divorce only. You would need to file form 8A of the Family Court Ontario Court Forms which can be downloaded from the Ontario Court Forms Website.

Therefore, a simple divorce recommended where no other relief is claimed by the parties filing the Divorce in Ontario. Simple Divorce in Ontario is cost effective and expeditious. If you were to retain a Divorce Lawyer Toronto he or she will ensure that your Simple Divorce Application is filed in court within time and you do not have to make any court appearance. Your Lawyer will attend and respond to any questions the Judge may have pertaining to your Application.

JOINT DIVORCE

Joint Divorce in Ontario is filed when both spouses submit a joint divorce application in court. In a Joint Divorce in Ontario, the parties do not have to serve the documents on the other spouse since both spouses are Joint Applicants. A Joint divorce is cost-effective since both parties will be sharing court costs and it is expeditious since the step to serve the other party is skipped.

Joint divorce is suitable where are able to come to an agreement on all issues such as child custody, support, and equalization of property. It is recommended for a Joint Divorce in Ontario that parties should file a Separation Agreement along with the Joint Application. For Joint Application, the parties can use form 8A form the Ontario Court forms website.

DIVORCE WITH OTHER RELIEF

If the parties are at dispute as to other relief such as Child Custody, Support or Division of Property then it is treated as a contested Matter the Divorce application form used for this type of Divorce is Form 8 General, This form can be downloaded from Ontario Court Forms website.

A divorce with corollary relief is appropriate where the spouses are unable to agree upon any of the issues such as child support or Child Custody, Spousal Support or Division of property. The Divorce with other relief costly and time-consuming. It could cost between $5000 to $6000 for a simple matter to be resolved, whereas for more complex matters the Divorce with other relief costs could go up to $8,000 to $25,000.

Grounds for Divorce in Canada

As per the Divorce Act, there are three Grounds for Divorce

1. Separation for a minimum of one year at the time of Divorce Hearing

2. Adultery

3. Cruelty

Divorce can be rejected in any one of the Following Situations

  1. Not Adequate Child Support Provisions (The Most Common reason for the Judge to Reject an Application).
  2. Connivance.
  3. Collusion.
  4. Condonation

It is always a wise idea to retain one of the Best Divorce Lawyer Toronto to ensure that your Application is properly drafted and filed in accordance with the Family Laws. Shaikh Law Firm, Divorce Lawyer Toronto is known to be one of the leading Law Firms dealing in Family Laws.

Revocation of British Citizenship

Citizenship Deprivation

The deprivation of citizenship I.e, the exclusion of perceived undesirables from the UK is one of the most important trends in immigration at the moment. The reality is there were apparently no recorded instances of citizenship deprivation on the basis of dishonesty between 1983 and 2009. Since 2009 however, there were 30 such decisions, and the numbers have steadily been increasing.

If a migrant has previously lied about his or her identity, or claim for asylum, then they can now expect to face great difficulties obtaining settlement. There are further hurdles still if they then wish to naturalise as a British citizen as our case study demonstrates.

The Case of the Albanian

There are many examples of Albanians entering the UK and pretending to be Kosovan, obtaining immigration status and then eventually applying for British citizenship. Many have since settled down, landed full-time employment, and started a family.

We have been acting on behalf of an Albanian man, his wife and their two British-born children. The Albanian man claimed asylum after giving a false Kosovan identity and being recognised as a refugee. He was granted indefinite leave to remain in 2001. His wife was granted an entry clearance to join him in 2005. The husband was later naturalised as a British citizen and in April 2007 his wife made a successful application for indefinite leave to remain as the spouse of a British citizen.

However, in 2013 the man’s British citizenship was declared null and void. We thereafter made an application for the wife to be granted leave to remain, as she had a genuine and subsisting parental relationship with the two children, both of whom are under the age of 18 – and British citizens. Furthermore, we argued it would not be reasonable to expect the children to leave the UK for Albania as they were both born in the UK, are British citizens, have never lived in Albania and are highly integrated in the UK society and attend full time education here.

With regard to the husband he has encountered further difficulties with regard to being able to travel and work in the UK. Although his indefinite leave to remain was not revoked, when we requested that no time limit stamp be transferred to his Kosovan passport, the Home Office refused. They argued that they were not sure of the identity of our client. In other words they could not be certain that the Albanian man with one name was also the Kosovan man with a different name.

We have demonstrated through DNA testing that the Albanian man is the biological father of the children and we have provided supporting passport photographs and identity details from the Kosovan authorities. However, the Home Office has stated our client failed to provide legitimate reasons why his personal details have changed and as a result refused to issue him with a card confirming his true identity and nationality. In other words he is stuck; he cannot travel with his Kosovan passport because the letter granting him indefinite leave to remain belongs to an Albanian man with a different name, and despite coming clean, the Home Office will not revoke his indefinite leave to remain or give him a document in his true identity.

Summary

This is another reminder that British citizenship can be refused and revoked on the basis of past dishonesty. Deprivation of citizenship and the exclusion of perceived undesirables from our society, is a new trend and it is not always obvious that the deception is material to the grant of citizenship.

If a migrant has previously lied about his identity or claim for asylum he will now face great difficulty obtaining settlement and even greater hurdles naturalising as a British citizen.

Whose Side Is the Divorce Mediator On?

Couples who decide to end their marriage have a few options to consider when it comes to handling the divorce process. For example, they can decide to do it themselves; hire their own attorneys, or hire a mediator who will work with both spouses together. Since litigation can be very expensive and a Do-It-Yourself divorce can lead to many headaches and mistakes, many couples are now opting for divorce mediation. However, it’s easy to wonder whose side the mediator is on.

To answer this question, it’s important to understand how divorce mediation works. When a marriage ends, many decisions have to be made regarding the distribution of the couple’s assets, debts, retirement and pension plans, child custody arrangements, child support, and spousal support (alimony). Once all of these decisions have been made, they enter in a Marital Settlement Agreement (MSA) which is then submitted court. If couples can’t agree on everything, a family court judge will decide for them. But before reaching this step, couples can hire a mediator to help them reach a compromise and a final agreement. A family law mediator’s job is to act as a neutral third party who helps spouses communicate better and find common ground. The mediation process starts out with the mediator evaluating which issues both spouses agree on, and which issues need further discussion to reach an agreement.

As a neutral participant, the mediator cannot take either side, or decide if one spouse is right or wrong, or tell either spouse what they should do. The mediator is neither an arbitrator, nor a referee, but rather a facilitator, or a negotiator who levels the playing field. He merely presents options to the parties from which they get to select the one best for them. The mediator has gone through extensive training to learn and develop techniques to peacefully guide the couple through all of the issues to be resolved, while making sure that the rights and needs of both spouses (and children if applicable) are addressed and protected. By not taking sides, the divorce mediator is able to help the couple focus on life after divorce, rather than dwell on past disagreements and resentment. He/she can also assist spouses in improving their communication style and problem-solving skills, enabling them to reduce friction and make wiser decisions in the future. Divorce mediation ends when the divorcing couple has agreed on all outstanding issues and has put the agreement in writing for submission to family court.

Five Things to Consider When Choosing the Right Attorney

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that at the time we most need an attorney we are least likely to be in the frame of mind to look for one. So, how should you sort through the mix of recommendations and names set before you when the situation presents itself and you must decide upon legal representation for one reason or another?

Research. Research. Research. Is the attorney you are considering in good standing before the State bar of whichever state you require representation? Has he or she been sanctioned or reprimanded for ethical or other violations? This information is generally public record on your state’s board of professional responsibility or state bar association website. Is he or she embroiled in any legal issues of his or her own that may affect or complicate their ability to represent you? Sometimes simply googling the individual will reveal more than you know.

References. Talk with former and/or current clients of the prospective lawyer to determine if they have had a good experience. Does the individual return calls promptly? Is the attorney someone they would use again? Did they feel the fee the attorney charged was commensurate with the services rendered? If applicable, was the outcome favorable?

Cost. What and how does the attorney charge fees? One of the most important considerations in deciding on legal counsel is the cost of the attorney’s services. Attorney’s fees can be very expensive and can add up quickly in lengthy and complex legal issues. Depending on your type of legal issue, an attorney may charge a flat fee, a retainer fee paid up front from which future billing is drawn, a straight hourly fee, or a contingency fee which is when the attorney is paid a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not get a fee. Keep in mind that even if you do not recover, you would still be responsible for costs other than attorney fees such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus his or her practice in the area of law you are seeking? Attorneys can advertise that they work in certain areas of the law but may not have worked many cases in that specific area of the law. For example, if you are considering hiring a lawyer to handle a car accident case for you, ask him or her how many other car accident cases he or she has handled. Ask how many of those cases were decided in favor of the attorney’s client. You may know an attorney who has been in practice for decades and who advertises that he or she does work in wills and estate matters as well as personal injury. But find out how many wills they have drafted. Another example is if you’re looking for a pregnancy discrimination attorney, you need to check if the lawyer is well-known in this field or if he has won multiple cases against pregnancy discrimination. Do they simply dabble from time to time in that area or is it a true area of their practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So make sure you are getting someone who knows the area of the law and is up to date on the most current laws.

Appeals. If you are seeking an attorney for any legal issue that involves a court proceeding, then there is always the possibility of an appeal. Inquire about the likelihood of appeal in your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney does handle appeals, ask about the different costs associate with an appeal. Ask about the timeline of an appeal. If you are looking for an attorney to handle a legal matter that could potentially be brought up on appeal, better to have that same individual working the case from the beginning until the end than have a new lawyer take over in the middle. These consideration on the front end will save you time, money and frustration down the road.

When you choose an attorney you are making an investment, not only financially but an investment of your time. You should be well informed and use all the resources available to you when you make this important decision.

Criminal Defense Attorney Explains Vehicular Manslaughter

Any type of conveyance can be considered a weapon if its operator caused the death of another due to gross negligence. This negligence may involve drunk driving, speeding, or reckless driving. A charge of vehicular manslaughter might be entered by the prosecution (the State) if a human being was killed as the result of said negligence. A criminal defense attorney can help you protect your rights if you are charged with a crime.

Types & Consequences

Many states separate this offense into two distinct categories: DUI manslaughter and vehicular homicide. Generally speaking, the former is more serious because it involves a substance that is known to impair the senses. As a result, the charges may range in seriousness depending on the driver’s level of intoxication at the time of the crash. If, for example, the driver is tested, and his blood alcohol was over the legal limit of .08 percent, he may face mandatory prison time.

Whether caused by speeding or reckless and distracted driving, a person who is charged with vehicular manslaughter is actually being indicted for negligence. Depending on the state, a driver could face fines or possible jail time if convicted. In fact, some states treat drivers the same whether there was alcohol involved or not. For example, Florida does not make a distinction between DUI manslaughter and vehicular manslaughter (a charge that does not involve alcohol). Both are second-degree felonies in the Sunshine State. Motorists who are convicted of either crime will face a $10,000 fine and/or 15 years in state prison.

No matter the laws of your state, an experienced criminal defense attorney will help you protect your rights in court. In addition to representing you, he or she can create a plausible defense strategy to explain and defend your actions.

Possible Defenses

Although the possible penalties are the same in some states, a charge of vehicular homicide is much harder to prove than one of DUI manslaughter. If the accused was deemed legally intoxicated by a police officer at the accident scene, he might have an uphill battle in court. But proving that a driver was grossly negligent while completely sober is difficult. In most cases, witness testimony is the deciding factor. And since witness testimony is notoriously unreliable, a good criminal defense attorney may be able to create reasonable doubt where no real evidence exists.

Conclusion

If you have been charged with vehicular manslaughter, you should seek legal counsel as soon as possible. Even if you were not under the influence of alcohol, the charges and potential penalties could be the same. An experienced team of defense attorneys can help. They will talk to witnesses, interview police officers, and find out what really happened. Only then will they begin to prepare a solid defense strategy.

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