All posts in Divorce Law

Alleging grounds for divorce Spain

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Most countries have varying rules and procedures when it comes to the process for applying for a divorce. Usually this is on the basis of socio-religious grounds and it may be argued that a countries moral and religious norms are reflected in the requirements it enacts for a divorce to be applied for and approved.

Prior to 2005 the legal rules in Spain made it obligatory to offer appropriate grounds for making an application for a divorce. Spain has, however, passed new legislation (Ley 15/2005) which utterly renewed this entire tract of family law and in addition, in so doing, did away with a lot of the old obligations.

For that reason it is no longer imperative to be dependent on the normal allegations drawn on pre-2005 such as drug addiction, alcoholism, infidelity and cessation of matrimonial cohabiting. Now it is merely imperative that three months have passed from the time the marriage took place in order for a divorce to be applied for by either or both of the spouses. No motives are required besides an inclination by one or both of the spouses to part company.

The justification behind the changes was to streamline the system and bring a scintilla of modernity to the fundamental essence of the law in this area. So, either or both of the spouses may write a petition for a divorce and, if there be an agreement as to the important issues therein, may reach the prerequisites for a new process established by the legislation, that is normally known as Express Divorce.

‘Express divorce’ permits a faster, less expensive and simpler mechanism for a couple to divorce. A vital element of the Express Divorce mechanism is that there be an accord between the spouses, both as to the need to dissolve the marriage as well as to the precise specifics of the divorce. This takes the form of a written and signed agreement or Convenio.

When these issues have been agreed then it is just a matter of employing a lawyer who will write up the agreement formally in the form of a Convenio and have this submitted to the relevant court with the required additional documentation.

The Kota – Primitive tribe of Nilgiri District, Tamilnadu, India

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The Kota – Primitive tribe of Nilgiri District, Tamilnadu, India. K.R.Meenakshi, Research Scholar, Madurai Kamaraj University, Madurai.

Kotas are found only in the Nilgiri District. Kotas in the olden days were the only one of all the hill tribes who practiced the industrial arts and they were therefore essential almost to the very existence of the other tribes and castes of the Nilgiris. This paper is an attempt to understand their social, economic and political culture of Kota tribal community in the Nilgiri District of Tamilnadu.

Key worlds: Kota tribes, Ethnographic features. .

INTRODUCTION

Kotas are found only in the Nilgiri district, that too, they are found living only in seven settlements, referred to by them as Kokkals. Most of these Kotas settlements are located on the Nilgiri upper plateau. Kotas are referred to by different synonyms like Kotas, Kohatur and Koter. There are a few stories regarding the origin of the Kotas in the Nilgiri district. One story was recorded by James Wilkinson Breeks. He stated according to a Kota legend that, the Kota, the Toda and the Kurumba were real brothers and that they were the earliest inhabitants of the Nilgiri hills. These three, as the legend goes, were created from three –. of the God’s (Kambatrayan) perspiration. That separation took place when God asked each of them what they wanted one of them said. -Give me the talents of art- and he become a Kota, who later proved to be an able blacksmith, musician, hunter, potter and rope and umbrella maker, another said, -Give me buffalos who can be my friend, relative and saviour and he became a Toda dairy man. Give me the power to destroy those whom I do not like-, said the third brother and be became a Kurumba possessing powers of sorcery and black magic which the other two dreaded. According to a belief of the Kota, some centuries ago when the Badagas were taking refuge in the Nilgiri hills from the oppression of Tippu Sultan in Mysore, the Kota, in order to protect them, distributed themselves in different geographic regions of the Nilgiris and subsequently smaller units in each region merged together and thus the seven present villages were established. They, however, rearranged themselves to maintain their socio-cultural exclusiveness with regard to the others, which even today is apparently seen.

Social Organisation

The social organisation is the network of relations existing among individuals and groups in a society. The Kota society is a patrilineage i.e. a descent group whose membership is based upon a rule of patrilineal descent. Patrilineal descent is a cultural principle which automatically affiliates a child at birth through his father to a descent group that consists of all Kinsmen who are related to him through his male ancestors. As with other tribal societies, Kotas do not have separate social divisions based on territorial or occupational levels. But Kotas have a unique social feature of Keri (street) system that regulate their marriage alliances. The social organisation has developed among the Kotas in such a way that, a Keri corresponds to a clan, and the members of a Keri itself has become a social grouping of kinsmen. Each Kota settlement has three or four Keris and they are named differently and they enable easy identification from one another on the basis of the layout of the Keris. Marriage ceremony called Peddege-Chiko is a simple function among the Kota. Among the Kota a man may not marry a girl of his own Keri. Previously child marriage was common among them, but now a days they prefer adult marriages, but pre puberty alliance fixation is still prevalent. The modes of acquiring mates are marriage by elopement and marriage by courtship cum negotiation. According to the courtship type of marriage, a Kota boy selects his mate and when they approve of each other, he informs his parents of his desire to carry her. The courtship may last for any period but neither the parents nor the Kota adults condemn or gossip about it. The forms of marriage among the Kotas are monogamy i.e. the marriage of one man to one women, and also polygamy i.e. the marriage of one man to two or more women at one time are prevalent. Most of the Kotas prefer monogamy. The Kota practice polygamy, but a man may marry a second wife only with the expressed consent of the first wife. This is done normally when the first wife has not been able to give birth to children or produce a male child divorce is allowed in the community compensation for divorce is to be given to the wife. The children are the liability of the father in a case of divorce. Widows are permitted to remarry a Kota family acquires membership through marriage, birth and adoption.

Economic Organisation

The Kotas are the only artisan community on the hills of the Nilgiris. Thus Kotas have been smith in gold and silver, they are carpenters, blacksmiths, potters and musicians. Every Kota settlement had one forge and a work shed, where all the Kota blacksmiths used their native bellows, pincers and hammers. They used to bring metal from Coimbatore city in semi finished form, full of impurities and make a variety of tools and implements for agricultural as well as ritual purposes. The Kota women were traditionally able potters. Pots were made out of the locally available sticky clay, without anything mixed in it except water to the extent absolutely needed. For the pots of Kotas, Tiruchigadi and Sholur Kokkal were popular. A few Kota women make ornamental clay models of different animals, dolls, and vessels fro which there is some demand from foreign tourists and other visitors to their settlements. Kota carpenters are experts in preparing ornamental wooden doors, cots and window panes with ethnic designs and are in demand outside their settlements. Nowadays due to changes in the landscape of the Nilgiris hills, development of market centres and due to economic advancement Kotas got involved in agriculture and horticulture by tilling their own lands and growing vegetables and tea. The Kotas also grows vegetables like garlic, cabbage, onion, carrot, green peas, etc. The Kotas have now started selling milk to the Nilgiri Milk Cooperative society and also to private tea shop and to neighbouring non tribals. They also sell ghee and other milk products. Every Kota settlement has one or two teams of traditional musicians with their traditional musical instruments. If male musicians play musical instruments, other Kotas, males or females or both start dancing to the tunes of the Kota music. In Nilgiri district the non tribal rich people, official and even new Hindu temples founders feel that Kota music and dance is very auspicious. The Kotas provide their music and exhibit their dance skills by taking money as honorarium.

Political Organisation

Political organisation in a community concerns the allocation of power and authority to make decisions beyond the personal level that is decisions which effect the community as a whole so the political organisation, refers, usually to the means of maintaining order and conformity in a society. The headman or chieftain of a tribal society maintains social control in his community. The tribal chief’s position is also governed by the community’s political institution through some rules of succession. Kotas live only in seven villages in the Nilgiri district. In all these villages, Kotas have their own tribal council called -Koot’ or -Koottu’ which maintains the social control among the Kotas in their respective villages. A Koot has no formal leadership. In spite of the absence of the leaders, there are a few important persons of the Kota society such as Kota Poojaris, Munthakannan, Terkaran and Sastragars (ritual elders) besides elected Kota village headman, referred by them as Pittakar, who have a greater say than others in the affairs of the Kota village. The Koot meetings take place as and when aggrieved individuals or parties summon it to discuss problematic issue. A Koot of the Kota can be summoned by anybody over any issue on any day. A Koot is normally held at the Kolaval ground. The meeting takes place mostly after dusk. Any issue is first heard from both the parties concerned and discussed and then the elder men voice their individual opinions regarding the merit of the issue.

Religious Beliefs And Practices

In every Kota settlement, they have a wide area and a sacred temple complex in which temples are theme for God Kambatrayan, Goddess Kambateeswari and in some place a temple for God Kannatrayan. They do not have deities inside the temple. The emblems of a bow and arrow can be seen at the top of all these temples. Kotas consider Mondays as the most auspicious days and consider new moon days as the day of spirits of the dead and therefore it is not sacred for observing any ritual offering puja to the temple in the form of milk in the main sacred activity of the Kotas through their priests. Kotas celebrate festivals like Nambi festival to pacify the souls of the dead person sowing and harvest festival and Sivarathri festival. They believe that a few events like sound of the crow, crossing of the cat and snake and presence of widows can prognosticate the success or failure of day to day activities of life. Kotas usually dance to the tunes of their music during their festivals and also celebrating their life cycle rituals.

Conclusion Most of the Kotas have reached main stream development and they are aspiring to live as a national citizens outside their traditional habitat of the Nilgiri hills.

Reference

1.Basu A, -A demographic study of the Kotas of Nilgiri hills-, Journal of Indian Anthropological Society, Vool.7 no.1, March 2010.

2.Jakka Parthasarathy, -Social symbiosis among the indigenous communities of the Nilgiri hills-, Journal of man in Asia, Vol.III, 11 Dec 2007.

3.I Verghes, -Preisthood among the Kota of Nilgiri hills-, Vinyajati, No.2, April 2011.

4.Yoganandham G, -Impact of tribal development schemes in Nilgiri district with special reference to the Kotas: A study, Dept of Economics, University of Madras, June 2001.

5.A K Ghosh, -The Kota of the Nilgiri hills: A demographic study, Journal of Bio-sociological Science, Vol.8, August 2006.

6.I Verghese, -The Kota: Their dreaded life of Kurumba Sorcery-, Bulletin of the cultural research institute, No.1 and 2, Sept 2005.

New York Divorce Records Are Obtainable By Anyone

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Whether you want to have complete freedom to contract another nuptial or to shun away from hounding debts that you no longer owe, providing valid evidence that you are in fact free from the legal bounds of marriage is necessary. There are instances when the plaintiffs unconsciously remarry while still tied to the previous marital obligation. The only way to steer clear of such troubles is by getting New York Divorce Records. A divorce certificate is the only legal proof that a marriage has indeed been terminated by the court.

While it involves a very private decision between two former spouses, divorce files may not be as private. However, it may not be as easy getting a divorce certificate if your divorce has been filed and approved in the State of New York. The state is known to be stringent in the access of state-maintained records. Eligible requesters only include the spouses and other individuals who have NYS court order.

Interested citizens who are qualified may order a divorce record personally at the state Vital Records bureau, or by US mail, via online, or by phone. Whatever type of request process you opt for, appropriate IDs along with the proper request is required in order to get results.

Prior to the actual request, it is important to verify the divorce date. If its before January 1, 1963, you need to request for a divorce decree (as this is the only file available for divorces on or before that date). If this is your situation, you may go straight to the Clerk of Court in the district where the divorce decree was given. For nuptial terminations which occurred on January 1, 1963 till present, requesters must order for a divorce certificate from the State Dept. of Health Vital Records office by any of the methods mentioned.

Are you unsure if your fianc or new husbands divorce has been signed and approved by the court Judge? If you want a trouble-free access for divorce decrees or certificates, you can count on online records search services. There are a few reputable ones on the web today which you can take advantage of. This route allows you to validate divorce records or any other public records like criminal history information, court files, other vital records etc in no time. You dont have to go to courthouses and dig up loads of files when you can get them at the touch of your fingers.

Without the typical prolonged government record request system, Divorce Records are obtainable by any person who wants to obtain facts on a certain divorce event. If you have suffered from the aftermath of a failed marriage, another pain is the last thing that you can afford. If youre aware that your soon-to-be spouse has been legally divorced, its always best to validate. Using an excellent records search, you can even lookup their comprehensive background, which includes nuptial certificates and others. Be free from any apprehensions; just make a quick record lookup and enjoy the peace of mind.

Key Strategies to Emotionally Survive a Divorce

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For most people divorce is a very stressful and painful event in their life and moving past it can be very trying. Frequently someone persevering through a divorce will experience depression and aggravation as a outcome of their broken union. Most people who resolve to separate only do so after elaborate and conscious thought. Sometimes problems start with small differences and disputes. Then the troubles intensify and potentially become intolerable, causing divorce. Divorce and the initiation of separation between the couple can significantly modify one’s life, sometimes for the worse, sometimes for the better. One thing is for certain, it is a mentally challenging period in one’s life. Sometimes support groups can be very helpful in conforming to and making this drastic change.

For those working through divorce who have kids, the split and divorce can be even more difficult because of the possibility of a custody battle. Your children’s needs and emotions must be taken into account, and they are likely to go through some mental disturbances and frustration of their own. Money issues are also an issue that must be held into account also.

The very frequent feelings of despair and loneliness can”t be overlooked. Many individuals in this predicament join a support group for surviving divorce as a means to help get your life back on track. Some individuals simply lien on friends and families for the same function, but for those don’t have support groups can be a lifesaver.

Support groups can provide encouragement and advice on how to tackle a situation. Those in the groups have experienced the same or similar episodes and can extend their experiences to you. Just the act of having someone listen to you and empathize with your issue is adequate enough for you to feel better.

One area that support groups can offer phenomenal advice is on the theme of how to address your kids and help them deal with the divorce and changing life conditions. No one can fully the magnitude of how important this is unless and until they have experienced it themselves and help their own kids move forward. Support groups can also offer a mechanism on how to handle with extended family and their often unsolicited views on how or what you should do about your situation.

Support groups also can offer a wealth of experience on handling the revised fiscal circumstances that you might find yourself in. Often support groups will boost you to seek the advice and representation of a lawyer to ensure that your legal rights are fully conserved. Having been there themselves, some members of support groups are actually rather knowledgeable about the law in this area.

On how to find a good divorce support group, you can ask acquaintances who have been divorced and then members of such groups, and many of the groups are actually listed in the Yellow Pages under the headings of “divorce counseling,” or “mental health.” If you have a lawyer, that person can probably refer a group or at least give you some ideas on how to find a solid group to .

Finally, if you are going through and struggling with a divorce you should amply consider the possibility of uniting with a divorce support group. They can be helpful and assist you to get over the anguish and frustration and work on creating a new life of your choosing.

Three Veils of Hatred – Religion, Marriage, and Nationalism

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A veil hides something. When something is hidden, we can’t see what it is or what it stands for. Therefore, when something is represented for something that it is not (and many times is opposite of what it represents), then we can say that it is veiled; it’s real nature is hidden. Religion, marriage and nationalism are represented as good, wholesome values. But is this actually true?

Isn’t it the norm for an extremist religious person to be hateful towards those who don-t believe, or believe differently? And that being the case, isn’t it normal for these people to then lack the capacity for forgiveness, even though the veil of religion says otherwise?

And if we are hateful, unforgiving, doesn’t that mean that we have no capacity for love, compassion, gentleness, kindness and happiness towards others, even though the veil of religion says otherwise? And if this is the case, wouldn-t one conclude that this kind of religion, which I posit is the predominate kind in America, be false and harmful to society?

If religion, instead of making a person humble, accepting, kind and generous; makes one haughty, conceited, all-knowing and controlling, what have we as a society gained by religion? And what has those that are religious gained when they are veiled from their true actions and just kidding themselves? They have certainly not gained heaven or anything close to heaven, and maybe even gained hell.

Religion is connected to marriage because marriage involves certain ideals such as love, truthfulness, fidelity, trust, and commitment. How many people can truthfully say that they are up to this? Maybe, like our respective religions, we live the ideals in our minds but when it comes right down to it, when the rubber meets the road in a long and close relationship, things can and usually do change. The divorce rate in America which is 78% Christian is 49 out of 100 marriages. In Thailand, which is 93% Buddhist, the divorce rate is 6 out of 100 marriages; the difference most certainly being how each country understands its religious ideals, and actually practices them. Also, the divorce rate in America is highest in the most religious areas, for instance in the Bible Belt, compared to the northeast.

It is self evident that divorce almost always breeds hatred. If you have ever gone through one you will understand. That means that about 49 out of 100 marriages in America have bred hatred, not counting the marriages still intact where people just can’t stand each other but put up with it for one reason or another.

And similar to Religion and marriage, mention nationalism and emotions immediately heat up. And this is the problem; emotions replace intelligence. Nationalism, per se, – that possessive feeling of “my” country – is all about feeling and never about common sense. Discussing governmental policies or what we should do as people living under certain customs, laws, traditions and mores is one thing, but to worship a symbol, be it some cloth that we have idolized as a flag, or an iconic image in our minds, leads to emotional reaction, and emotional reaction always leads to actions that are fragmented and incomplete because emotion takes over when intelligence is exhausted.

When we zealously, out of fear, advise a youngster to go and fight for his country, we are appealing to his or her emotions so that they don-t pause for a moment to consider all the political and economic ramifications involved. This is justified if an enemy is on our doorstep, but if the conflict is politically or idealistically generated, if the nationalism is just a ploy to keep people confused and ignorant about the economic unfairness and class injustices, then underneath all of the political manipulation of the innocent in the name of nationalism is hatefulness and fear, which is a veil of hatred.

These three veils have caused humankind untold heartaches, yet they project themselves in deluded minds as iconic standard-bearers of all that we hold precious. Is it time to wake up to real human values instead of veiled icons? Or will we remain asleep forever?

Anagarika eddie is a meditation teacher at the Dhammabucha Rocksprings Meditation Retreat Sanctuary www.dhammarocksprings.org and author of -A Year to Enlightenment.- His 30 years of meditation experience has taken him across four continents including two stopovers in Thailand where he practiced in the remote northeast forests as an ordained Thervada Buddhist monk.

He livedatWatPah Nanachat under AjahnChah, at WatPah Baan Taad under AjahnMaha Boowa,and at Wat Pah Daan Wi Weg under Ajahn Tui. He had been a postulant at ShastaAbbey,a Zen Buddhist monastery in northern California under RoshiKennett; and a Theravada Buddhist anagarikaat both AmaravatiMonastery in the UK and BodhinyanaramaMonastery in New Zealand, both under AjahnSumedho.The author has meditated with the Korean MasterSuengSahnSunim; with BhanteGunaratana at the Bhavana Society in West Virginia; and with the Tibetan Master TrungpaRinpoche in Boulder, Colorado. He has also practiced at the InsightMeditation Society in Barre, Massachusetts, and the ZenCenterin San Francisco.