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Domestic Violence and Abuse

Are domestic violence and abuse one and the same?Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.  Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are abused verbally and emotionally. The crux of the matter is that abusive manners are not acceptable for anyone without exceptions. One deserves to be valued, honored, and feel safe and secure.Domestic abuse could be potentially escalating to outright violence from what starts as mere threats and verbal slur. Although the danger of physical injury owing to domestic violence looms and lurks as the obvious danger, the consequences of emotional and psychological abuse are the starkest. Emotional abuse for one’s self-worth can be destructive, lead to or cause anxiety and depression, and make one helpless and lonely. Not even one’s enemy should undergo similar pain. One’s first step is to break the shackles of an abusive and possibly violent relationship as one should not have to endure the excruciating pain of such a relationship. A step in the right direction in such situations is not to be in a state of denial that one is indeed in an abusive relationship. Signs of an abusive relationshipThere are various pointers of an abusive relationship, and the most telling one is fear of one’s partner. If one feels as though one has to walk on eggshells; whatever one says or does is under the scanner to avoid a blow-up—chances are one’s relationship is abusive and unhealthy. Included among other signs are a partner belittling or controlling the other partner and the other partner driven to the point of self-loathing, helplessness, and desperation.Emotional abuse: It’s a bigger problem than you thinkPhysical violence is not a part and parcel of an abusive relationship at all times.  Simply because one isn’t bruised and battered doesn’t necessarily mean one is not in an abusive relationship. Men and women alike suffer from emotional abuse, which is as destructive as physical abuse. Unfortunately, emotional abuse is often underrated or overlooked even by the victim.The intent of emotional abuse is to chip away at one’s feelings of independence and self-worth leaving one feeling defeated or have that defeatist mentality of succumbing to one’s abusive partner as there is no light at the end of the tunnel.  Abusive behavior is a choiceNotwithstanding what the beliefs of many people are, domestic violence and abuse do not occur because of an abuser losing control over their normal behavior. As a matter of fact, abusive and violent behavior is a choice made on purpose for gaining control. A variety of tactics are used by perpetrators for exerting their power and manipulating their victims.Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

2 days ago

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Advice on Divorce

Advice for Women who get DivorcedBeing a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.  Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts and monthly bills.Income apart – It’s a blunder ignoring marital properties and assets including jewelry, car, and insurance policies. All these assets effectively provide financial support while ascertaining alimony and child support. Wives ought to monitor their husband’s stocks and mutual funds investments. Nonetheless, Indian women aren’t aware of what their rights are and are oftentimes fooled by their scheming husbands. Indian women ought to track all the resources of their husbands and not have any feelings of guilt for spying.Maintenance – While one is getting ready for divorce, and in the process, a lawyer is hired, it will burn a hole in the pocket quicker than one may realize. Although one’s family may be supportive, it’s always a good idea to inquire about the maintenance from the courts. In India, it's not  much about fulfilling the needs of a divorcing woman than it's about other aspects including the husband’s willingness to cooperate. Indian law nonetheless has provisions for the maintenance of Indian women while they may await divorce.One’s contribution should be valued – Oftentimes women get emotionally as well as financially attached to their home as they get involved in the building of it. However, they may lose it all once one’s marriage is falling apart. According to Hindu law, women have the right to not part with items both moveable and immoveable, to herself even after the marriage has fallen apart.Evidenced Communication – It's absolutely vital to ensure that any sort of communication written and unwritten such as letters and phone calls are recorded to present as evidence in a court of law strengthening one’s case against one’s husband. If any sort of threat or abuse is recorded through verbal and/or non-verbal communication then that would further strengthen a female spouse’s case against her male spouse. Indian women, however, typically are deeply respectful towards their husbands and their families and owing to the entrenched belief that dragging the family name in court would amount to slander on the honor of her husband’s family, oftentimes they refrain from resorting to taking appropriate retaliatory measures. Indian women ought to bear in mind that once divorced they would break all ties with her former husband’s family and therefore they ought to worry less about her ex-husband’s family and think more about starting a new life.  Be Independent – The vast majority of Indian women quit their jobs once they get married; that is assuming they had a job prior to marriage. It could very well be that they did not pursue a career even before marriage, however, that is a highly unlikely occurrence these days. There are also instances of women giving up their careers to cater to the needs of their husbands or society or family. As and when women are at crossroads they ought to reevaluate their options and opt for resuming their career by brushing up their talents and skills that one believes one can earn one’s bread. Working in addition to giving financial independence, which is a major advantage. Many doors would open as women start working as they can find a roof over their heads. Women ought to accept the financial support of their family temporarily if it's offered.Oftentimes women are distraught at the thought of getting divorced and think more with their heart than their head. In other words, they fail to think rationally and rather tend to think emotionally. As an upshot, the impending or upcoming divorce is neglected and as a result, they are wholly unprepared until they are both financially and emotionally ruined. A divorce can be stressful as well as emotionally and financially taxing on any woman. Therefore ensuring that one has adequate financial support once divorced.?Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

2 days ago

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Richa Saraf

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Legal Advisor

Practicing Court

: National Company Law Tribunal

Location

: West Bengal, Kolkata

State Bar Council

: Karnataka

Reviews & Ratings(View Reviews)

Professional Summary

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Bankruptcy and Debt 2 years 10 ? Advisory on various provisions of Insolvency and Bankruptcy Code, 2016 and relevant regulations th... Read More
Contracts and Agreements 3 years 50 ? Drafted loan agreements, share purchase agreements, lease agreements, retainership agreement, part... Read More

Secondary Expertise

Expertise In

Bankruptcy and Debt

Experience 2 years

Number of Cases 10

? Advisory on various provisions of Insolvency and Bankruptcy Code, 2016 and relevant regulations thereunder, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Companies Act, 2013. ? Assisted the resolution professional and the liquidator during the corporate insolvency resolution process and liquidation proceedings. The scope of work included preparation of information memorandum, progress reports, evaluation matrix, verification of claims, drafting of notices, ballot papers, agendas and minutes of the meetings of committee of creditors. ? Drafted Applications, Interlocutory Applications, Reply, Affidavits, Reports and written submisions to be filed before National Company Law Tribunal. ? Attended proceedings before National Company Law Tribunal, Kolkata Bench and Mumbai Bench. ? Rendering end to end services w.r.t. incorporation, corporate insolvency resolution process and liquidation (compulsory and voluntary). ? Attended shareholders’ meeting and board meetings and meeting of committee of creditors in various capacities, such as the representative of resolution professional, on behalf of resolution applicant and for financial creditor.

Contracts and Agreements

Experience 3 years

Number of Cases 50

? Drafted loan agreements, share purchase agreements, lease agreements, retainership agreement, partnership agreements, non-disclosure agreements, inter-vertical service agreement, assignment agreements, pre- incorporation agreements, rent agreements, hire- purchase agreements, inventory finance agreement, trustee agreement, pledge agreement, LLP agreement, vendor agreement, employment agreement, facility agreement, and franchise agreement. ? Negotiation and review of the terms of interim finance agreements, O & M agreement, service agreements, retainership agreements, collateral management service agreement, loan agreement and assignment agreement.

Practicing Court Name

National Company Law Tribunal

Tribunal

Educations

LL.B

Other Info

No. of juniors with me

-1

Size of my team

-1

No. of intern work per year

-1

Publications

Inapplicability Of Limitation Act To Insolvency And Bankruptcy Code?

8 / 2017

Restrictive Remedy under Section 14 of the SARFAESI Act

9 / 2017

The NCLAT on the Ability of a Power of Attorney Holder to Initiate Insolvency Proceedings

9 / 2017

Deciphering “DISPUTE” in Insolvency and Bankruptcy Code

9 / 2017

Time Limit Prescribed In IBC- Not Mandatory

10 / 2017

Application Under SARFAESI: Supreme Court’s Liberal Approach

10 / 2017

Provisions of disqualification of directors are retrospective or prospective: An insight view

10 / 2017

Liability of Guarantor and Principal Debtor is Co-Extensive and Not in Alternative

2 / 2019

Ineligibility criteria u/s 29A of IBC- A net too wide!

2 / 2018

Resolution Plans to Subsume Statutory Dues?

3 / 2018

Insolvency Code: Plights and Rights of Operational Creditors

5 / 2018

Liquidation before Resolution?

5 / 2018

Financial Exposure of Secured Creditors and the Relevance of Vertical Comparison in Resolution

5 / 2018

Corporate Insolvency: Fraudulent Transactions and Look-Back Period

7 / 2018

Concept of Related Party: Interpretation by Letter or Spirit of the IBC?

8 / 2018

Fraudulent Initiation of Insolvency Proceedings

8 / 2018

Position of secured creditors in liquidation proceedings

7 / 2018

Reversibility of Liquidation Order?

9 / 2018

Moratorium during Liquidation: Scope and Effect

9 / 2018

Liquidation Process (Second Amendment) Regulations: An Analysis

10 / 2018

Whether a Refund of Advance is an Operational Debt?

12 / 2018

Role of the Adjudicating Authority in Considering a Resolution Plan

12 / 2018

Other Legal Experience

Chambers of Jayashri Murali

Associate/Partner in a Law firm

Vinod Kothari Consultants Pvt. Ltd.

Legal Counsel

Other Achievements

Quoted by Economic Times in an article “High Court disallows parallel proceedings in NCLT and DRT

9 / 2017

Speaker at Indian Chamber of Commerce- National Conference on Insolvency and Bankruptcy Reforms: Code Demystified, organized in Bhubaneswar

9 / 2018

Speaker at Pre- Registration Course of Insolvency Professionals, organized by the Insolvency Professional Agency- Institute of Cost Accountants of India

10 / 2018

Speaker at 3- day workshop on Insolvency and Bankruptcy Code, organized by Eastern India Regional Council of the Institute of Chartered Accountants of India

1 / 2019

Speaker at 3- day workshop on Insolvency and Bankruptcy Code, organized by Eastern India Regional Council of the Institute of Chartered Accountants of India

10 / 2018

Images

At a workshop organised by Eastern India Regional Council of The Institute of Chartered Accountants of India
At the National Seminar organised by the International Chamber of Commerce at Bhubaneswar, Odisha
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