The Hindu Marriage Act provides that any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party is living in adultery.
What is Adultery?
Adultery means Sexual intercourse between a married person and a third party. Adultery is when a woman has voluntary sexual intercourse with a person other than her husband, at other places adultery is when a woman has voluntary sexual intercourse with a third person without her husband’s consent.
A divorce can be granted if it is proven that one partner in a marriage has had an affair and committed adultery, defined as having had sexual intercourse with a person of the opposite sex other than their spouse, and if the spouse finds it intolerable for the marriage to continue.
When applying for divorce on grounds of adultery, it is necessary to provide the courts with as much evidence as possible about the alleged adulterous affair, such as places and dates. If the partner who has had the affair or affairs does not contest the divorce, then it will usually be granted with little difficulty. However, if the divorce is contested, detailed evidence will be required to satisfy the courts that the affair actually occurred, and the process may be lengthy and expensive. It is not necessary to name the ‘co-respondent’ – the person with whom the adulterous affair took place - and many lawyers advise against doing so as it may cause unnecessary delay and additional expense if the co-respondent contests the petition. There is often little reason for a co-respondent to cooperate, particularly as they may be ordered to pay a portion of the court costs if a divorce is granted.
It is very difficult to produce direct evidence to prove an act of adultery. Adultery is a matrimonial offence as well as a criminal offence. The requirement of proof in a criminal case is stricter than the requirement in a matrimonial case. In the former case the act is to be proved beyond reasonable doubt, whereas in the latter the evidence is based on the inferences and possibilities.
Thus the offence of adultery may be proved by:
1. Circumstantial evidence
2. By evidence as to non-access and birth of a child
3. By evidence of visits to brothels
4. By contracting venereal diseases
5. Confession and admission to parties; and
6. Preponderance of probability
Hence in proving the adulterous act of the spouse many have not suggested to file divorce on the basis of adultery.
The author Mr.Satish Kumar can be contacted at divorceadvocate@aol.in
Tuesday, November 30, 2010
Saturday, November 20, 2010
How to tackle sexual harassment at work
Women were taunted and teased by male coworkers and harassed all the time. Women in India were not very protected and many cases of bosses demanding sexual favors in the workforce were ignored. While some found it was all in good fun, many women were degraded and humiliated and felt powerless to do anything about it. It is ironic that even though many men loved the sexual teasing and the innuendos they received, others felt embarrassed and cheapened and got a taste of what women have been going through for centuries. With this new insight came the realization that laws concerning sexual harassment had to be legislated and enforced.
Who can be a sexual harasser?. The answer is anyone: a boss: an employee, a teacher, a principal, director, administrator, coworker, janitorial staff, client, restaurant personal, pizza delivery guy, or student. Anyone performing a duty in the work force as a director, or employee can be harassed by another person or people in their work environment. Or can be sexually harassed by an individual providing a service, which is essential in their line of business. For example, the UPS man who comes to deliver parcels harasses a secretary. People in the public such as a bartender, waiter, private contractor, taxi driver and so on can harass individuals.
Sexual harassment is the unwanted, unappreciated sexual advances from one individual to another. It could be sexual favors, inappropriate behavior and touching, lewd remarks and innuendoes direct or indirectly made. Basically it can be anything of a sexual nature, which makes the victim feel uncomfortable. This sexual harassment can be a condition of remaining employed as in the situation of boss and employee, or a condition created in the work environment amongst the employees.
The harasser is not always aware that his or her behavior is offensive. That is why it is very important to speak with the offender before taken further action. Of course, if the harasser is too strong or overpowering for any individual resulting in the victim being afraid to confront the harasser, then taken it up with the Human Rights Forum or to the National Women commission is completely justified.
If the victim has spoken with the harasser and nothing has changed, then the next step again, is taking it up with the Law enforcing authorities. If it is a small office then taking up with the immediate supervisor is called for.
Many women are afraid of retaliation. Women are often afraid to talk out for fear of retaliation or alienation by other co-workers. Fortunately, the sexual harassment policies of most major companies do not reveal the identity of the person who filed the complaint. However, this does not always work and even women have been known to turn their backs on other women who have filed a complaint.
There are many offenses of sexual harassment; sexual harassment is not about sex and what bothers one person won’t necessarily bother someone else. Some think that any unwanted touch, sexual comments, or sexual attention is considered sexual harassment. Communicating and telling someone that these acts are offensive to you, may stop the action right then and there. Some people ‘test the waters’ and see how far they can go with individuals in the office.
Also, the above conduct is not sexual harassment if it is welcome or permitted. If you flirt back and indulge in exchanging off-color jokes, it is not sexual harassment if you decide a joke went ‘over the line’ and offended you. You’ve already given out liberal boundaries. It is important to communicate (either verbally, in writing, or by your own actions) to the harasser that the conduct makes you uncomfortable and that you want it to stop.
Sexual harassing behavior may be common, but it is not "normal" Here are some examples:
1] Verbal or written: Comments about yours or others’ clothing, or your personal behavior, or a person’s body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendoes; telling rumors about a person’s personal or sexual life; threatening a person
2] Physical: Assault; impeding or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, hugging, patting, stroking
3] Nonverbal: Looking up and down a person’s body; derogatory gestures or facial expressions of a sexual nature; or following a person
4] Visual: Posters, drawings, pictures, screensavers or emails of a sexual nature; most companies have standards of what you can put on your walls
If the offensive actions above are directed to you, then the following is suggested:
1] Demand that the specific behavior stop. Be direct, firm and say "NO".
2] Don’t make excuses why you don’t want the behavior; this implies that you would welcome it otherwise. Don’t protect the harasser or pretend nothing has happened; it has.
3] Stand by your principles and state them. Harassers are good at making excuses and wanting to talk about it. Refuse to discuss the issue with them or be manipulated in thinking you are the wrong one.
4] The focus is on the harasser’s behavior - not yours.
5] Be strong; make eye contact and stand tall. Don’t smile - this is serious; not a social visit. If the harasser tries to make physical contact with you, grasp his or her arm away and say, "NO". "DO NOT TOUCH ME".
6] Tell others about the ordeal(s). If you are silent, it not only protects the harasser, but may instill him or her to be bolder.
The conduct of the harasser must either be severe or it must be pervasive to be sexual harassment. A single incident is probably not sexual harassment unless it is severe. If you feel it is, document any harassments and keep a log of when and what happened; include dates and if there were any witnesses. Save your emails on a CD and bring it home. Also bring home any notes, mail or emails that are related even if they are anonymous.
Try to have a buddy available as a deterrent or as a witness when this person tries to approach you. Document any actions involving your harassment if the harasser is in a supervisory position and subsequently gives you a poor evaluation or demotions, and keep copies of them. Likewise, keep similar positive evaluations or performance appraisals before the alleged incidents that will show changed behavior of the perpetrator’s part.
Go ahead with formal complaints with Human Rights Forum or Women’s commission and Even to Police ( Now the country has many All Women Police Station), if it continues. Try to have as much documented proof and/or witnesses who can verify what has happened or seek others who may have had the same problem with the harasser. Consult with a legal entity if you suspect violence or stalking. Remember to stay calm. You did nothing wrong. Staying calm is important to your cause so as not to create a hostile environment in the workplace that it becomes a problem for the department and you become the problem, too. The harasser is hoping you do that to keep the spotlight off of them. The odds are on your side to have this situation remedied.
If you are being sexually harassed, do something today. You won’t lose your job. Don’t think it will go away, or if it is a supervisor or high level manager, that you will lose your job. You won’t. But they might.
Presently, there are no legislative enactments or statutory policies against sexual harassment and abuse at work places. In the absence of an enacted law to provide for the effective enforcement of gender equality and guarantee against sexual harassment, the Supreme Court of India (in the matter of Vishaka & othr. v. State of Rajasthan) laid down certain guidelines and norms for due observance at all work places whether public or private sector and these guidelines are treated as the law declared by the Supreme Court under Article 141 of the Constitution of India ("Guidelines") and enforceable in law until suitable legislation is enacted by the Indian Parliament.
The writer can be contacted at : advocatechennai@gmail.com or Telephone: +919962999008.
Who can be a sexual harasser?. The answer is anyone: a boss: an employee, a teacher, a principal, director, administrator, coworker, janitorial staff, client, restaurant personal, pizza delivery guy, or student. Anyone performing a duty in the work force as a director, or employee can be harassed by another person or people in their work environment. Or can be sexually harassed by an individual providing a service, which is essential in their line of business. For example, the UPS man who comes to deliver parcels harasses a secretary. People in the public such as a bartender, waiter, private contractor, taxi driver and so on can harass individuals.
Sexual harassment is the unwanted, unappreciated sexual advances from one individual to another. It could be sexual favors, inappropriate behavior and touching, lewd remarks and innuendoes direct or indirectly made. Basically it can be anything of a sexual nature, which makes the victim feel uncomfortable. This sexual harassment can be a condition of remaining employed as in the situation of boss and employee, or a condition created in the work environment amongst the employees.
The harasser is not always aware that his or her behavior is offensive. That is why it is very important to speak with the offender before taken further action. Of course, if the harasser is too strong or overpowering for any individual resulting in the victim being afraid to confront the harasser, then taken it up with the Human Rights Forum or to the National Women commission is completely justified.
If the victim has spoken with the harasser and nothing has changed, then the next step again, is taking it up with the Law enforcing authorities. If it is a small office then taking up with the immediate supervisor is called for.
Many women are afraid of retaliation. Women are often afraid to talk out for fear of retaliation or alienation by other co-workers. Fortunately, the sexual harassment policies of most major companies do not reveal the identity of the person who filed the complaint. However, this does not always work and even women have been known to turn their backs on other women who have filed a complaint.
There are many offenses of sexual harassment; sexual harassment is not about sex and what bothers one person won’t necessarily bother someone else. Some think that any unwanted touch, sexual comments, or sexual attention is considered sexual harassment. Communicating and telling someone that these acts are offensive to you, may stop the action right then and there. Some people ‘test the waters’ and see how far they can go with individuals in the office.
Also, the above conduct is not sexual harassment if it is welcome or permitted. If you flirt back and indulge in exchanging off-color jokes, it is not sexual harassment if you decide a joke went ‘over the line’ and offended you. You’ve already given out liberal boundaries. It is important to communicate (either verbally, in writing, or by your own actions) to the harasser that the conduct makes you uncomfortable and that you want it to stop.
Sexual harassing behavior may be common, but it is not "normal" Here are some examples:
1] Verbal or written: Comments about yours or others’ clothing, or your personal behavior, or a person’s body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendoes; telling rumors about a person’s personal or sexual life; threatening a person
2] Physical: Assault; impeding or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, hugging, patting, stroking
3] Nonverbal: Looking up and down a person’s body; derogatory gestures or facial expressions of a sexual nature; or following a person
4] Visual: Posters, drawings, pictures, screensavers or emails of a sexual nature; most companies have standards of what you can put on your walls
If the offensive actions above are directed to you, then the following is suggested:
1] Demand that the specific behavior stop. Be direct, firm and say "NO".
2] Don’t make excuses why you don’t want the behavior; this implies that you would welcome it otherwise. Don’t protect the harasser or pretend nothing has happened; it has.
3] Stand by your principles and state them. Harassers are good at making excuses and wanting to talk about it. Refuse to discuss the issue with them or be manipulated in thinking you are the wrong one.
4] The focus is on the harasser’s behavior - not yours.
5] Be strong; make eye contact and stand tall. Don’t smile - this is serious; not a social visit. If the harasser tries to make physical contact with you, grasp his or her arm away and say, "NO". "DO NOT TOUCH ME".
6] Tell others about the ordeal(s). If you are silent, it not only protects the harasser, but may instill him or her to be bolder.
The conduct of the harasser must either be severe or it must be pervasive to be sexual harassment. A single incident is probably not sexual harassment unless it is severe. If you feel it is, document any harassments and keep a log of when and what happened; include dates and if there were any witnesses. Save your emails on a CD and bring it home. Also bring home any notes, mail or emails that are related even if they are anonymous.
Try to have a buddy available as a deterrent or as a witness when this person tries to approach you. Document any actions involving your harassment if the harasser is in a supervisory position and subsequently gives you a poor evaluation or demotions, and keep copies of them. Likewise, keep similar positive evaluations or performance appraisals before the alleged incidents that will show changed behavior of the perpetrator’s part.
Go ahead with formal complaints with Human Rights Forum or Women’s commission and Even to Police ( Now the country has many All Women Police Station), if it continues. Try to have as much documented proof and/or witnesses who can verify what has happened or seek others who may have had the same problem with the harasser. Consult with a legal entity if you suspect violence or stalking. Remember to stay calm. You did nothing wrong. Staying calm is important to your cause so as not to create a hostile environment in the workplace that it becomes a problem for the department and you become the problem, too. The harasser is hoping you do that to keep the spotlight off of them. The odds are on your side to have this situation remedied.
If you are being sexually harassed, do something today. You won’t lose your job. Don’t think it will go away, or if it is a supervisor or high level manager, that you will lose your job. You won’t. But they might.
Presently, there are no legislative enactments or statutory policies against sexual harassment and abuse at work places. In the absence of an enacted law to provide for the effective enforcement of gender equality and guarantee against sexual harassment, the Supreme Court of India (in the matter of Vishaka & othr. v. State of Rajasthan) laid down certain guidelines and norms for due observance at all work places whether public or private sector and these guidelines are treated as the law declared by the Supreme Court under Article 141 of the Constitution of India ("Guidelines") and enforceable in law until suitable legislation is enacted by the Indian Parliament.
The writer can be contacted at : advocatechennai@gmail.com or Telephone: +919962999008.
Subscribe to:
Posts (Atom)