FILING OF RESTITUION PETITION- PETITION FOR RESTITUTION OF CONJUGAL RIGHTS, PROCEDURE, CONTENTS, JURISDICTION

 

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS:

Introduction to provisions:    Procedure under Hindu Marriage Act 1955          Burden of proof          Limitation of filing          Contents of the petition          Jurisdiction

INTRODUCTION TO PROVISIONS:

1.     Section 9 Under Hindu Law

2.     Section 22 of The Special Marriage Act 1954

3.     Section 36 of The Parsi Marriage & Divorce Act, 1936

4.     Sections 32&33 of  The Divorce Act , 1869.

5.     281(Mullah/Hindu Law or Suit for Specific Performance Of Restitution Of Conjugal Rights).

PROCEDURE :

Restitution of conjugal rights under Hindu law:

·        Filed under section 9 of the Hindu Marriage Act, 1955

·        Section 9: “When either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly”.

BURDEN OF PROOF

 Burden of proof lies on the person who has withdrawn from the society.

LIMITATION PERIOD:

It can be filed any time after the solemnization of marriage.

CONTENTS OF THE PETITION:

Petition filed under this act should contain the facts which are framed by the Madras High Court under Hindu Marriage Act.

a)     Place and date of the marriage held.

b)    Name and address and their occupation.

c)     Address of the parties reside or lastly resided together within the jurisdiction of the court.

d)    Names of the children if any due to that wedlock with age.

e)     If any proceedings carried out by the parties before the date of the petition, that particulars given.

f)      Circumstances under respondent withdrawn from the society of the petitioner.

g)     Details in accordance to custody, care and maintenance of the children.

h)    Permanent alimony and maintenance.

i)       Costs.

JURISDICTION

This petition is to be filed before the district court or the sub court within the local limits of whose ordinary civil jurisdiction,

a)     Marriage was solemnized

b)    The respondents, at the time of the presentation of the petition resides or

c)     The parties to the marriage last resided together or

d)    In case the wife is the petitioner where she is residing on the date of presentation of the petition or

e)     The petitioner is residing at the time of the presentation of the petition in a case where the respondent is, at time residing outside the territories to which this act extends , or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

INSTRUCTIONS WHILE SERVICE OF LEGAL NOTICES

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TAMILNADU EDUCATIONAL INSTITUTIONS (PROHIBITION OF COLLECTION OF CAPITATION FEE) RULES, 1997

 

TAMILNADU EDUCATIONAL  INSTITUTIONS  (PROHIBITION OF COLLECTION OF CAPITATION FEE) RULES, 1997

 

In case of educational institutions, there is a rule for maintaining of records which is mentioned in annexure II of the Tamilnadu educational institution (prohibition of collection of capitation fee) rules 1997.

LIST OF DOCUMENTS TO BE MAINTAINED BY ALL EDUCATIONAL INSTITUTIONS:

1.     Admission and withdrawal register

2.     Fee receipts

3.     Term fee register

4.     Miscellaneous receipts

5.     Daily fee collection register

6.     Fee collection register

7.     Register of scholarship holders

8.     Leave register for scholarship holders

9.     Register showing the accounts of endowments of the college and the income derived therefrom.

10.                        Application for fee compensation together with the income certificate obtained from the competent authority

11.                        Leave register for scholarship holders.

12.                        Acquittances relating to the various items of scholarships

13.                        Departmental cash book

14.                        Daily cash book

15.                        Ledger

16.                        Vouchers

17.                        Separate voucher and ledger for general and specific fees

18.                        Scale register

19.                        Provident fund collection and remittance

20.                        Bank pass books

21.                        Acquittance for the refund of tuition fees

22.                         Caution deposit register

23.                        Postage account and private stamp account

24.                        Stock registers

25.                        Stock registers for lab articles, furniture, library books, games articles, audio, visual aids, etc.

 

QUALIFICATIONS OF THE TEACHING STAFFS- ANNEXURE V OF THE TAMILNADU RECOGNISED PRIVATE SCHOOLS (REGULATION) RULES 1974

 

QUALIFICATIONS OF THE STAFF:

 

1.      In every profession there is a line of qualification is fixed foe that appropriate work. In order to that, teaching profession also having set of rules in terms of qualification of teachers.

 

2.      Annexure V OF THE TAMILNADU RECOGNISED PRIVATE SCHOOLS (REGULATION) RULES 1974 stating those provisions regarding the qualifications for appointment as Teachers in Private Schools.

 

         TABLE OF REQUIREMENTS:

S.NO	POST NAME	QUALIFICATION REQUIRED	EXPERIENCE REQUIRED	CONDITIONS IF ANY
1.	Head master (high school)	B.A or B.Sc., or its equivalent and B.Ed., or B.T or L.T Trained Teachers certificate or collegiate grade.	Worked as a teacher in recognized schools not less than 5 years after obtaining B.T or its equivalent.	-------
2.	B.T Assistant	B.A. or B.Sc., or its equivalent and B.Ed., or B.T or L.T Trained Teachers certificate or collegiate grade.	-------	-------
3.	Secondary Grade Teacher	S.S.L.C T.S.L.C of secondary   grade or its equivalent	-------	-------
4.	Elementary grade teacher	E.S.L.C or its equivalent and Trained Teachers certificate or collegiate grade or its equivalent	-------	Teachers passed nursery,montessari and kindergarten school leaving examination of secondary grade may employ to handle standards of I & II only
5.	Tamil pandits	M.A. TamilorB.A. Tamil M.O.L tamil B.O.L Tamil and B.Ed., or L.T or secondary grade training.	Not mandatory	Persons who passed in pulavar panditham examinations with pandit training or secondary grade   training are also eligible.
6.	Pandit for other languages	Degree of any university in the state or its equivalent with opriental language as special study S.S.L.C and certificate for completion of oriental language and pandit training or secondary grade training.	-------	-------
7.	Physical director	Degree in physical education from any university or its equivalent	-------	-------
8.	Physical education teacher A)  Grade -1	B.A. or its equivalent   degree or Intermediate or T.S.L.C or Secondary grade or Senior basic grade and Government teachers certificate of Higher grade in physical education	-------	-------
	B)  Grade - II	S.S.L.C Government teachers   certificate in physical education	-------	-------

 

QUALIFICATIONS FOR APPOINTMENT AS TEACHERS IN HIGHER SECONDARY SCHOOLS:

 

S.NO	POST NAME	QUALIFICATION REQUIRED	REQUIRED EXPERIENCE	CONDITIONS IF ANY
1.	Head master / Head mistress	Master degree for teaching (any language under Parts I and II or subjects under Part III or any group A of the subjects.   B.T OR B.Ed., or its equivalent	Not less than 10 years as B.T Schools Assistant or Pandit in a secondary school or training school or higher secondary school.	Working school must be recognized by the Director of School Education.
2.	Post graduate asssistants in academic subjects	Master degree Holding certificate in science and humanities B.T or B.Ed., or its equivalent.	-------	-------
3.	Post graduate assistants in languages(Tamil)	Master degree in Tamil or its equivalent.	-------	-------
4.	Post graduate assistants in language (other than tamil)	Master degree in appropriate language or its equivalent.	-------	-------
5.	Physical directors and Physical Directress in Higher Secondary Schools	A M.P.Ed., degree or its equivalent or A diploma equivalent to M.PEd., degree.	-------	Persons who are working prior to this notification is eligible for appointment. The director of school education shall be the authority to evaluate and accept other qualifications for appointment.