The National Green Tribunal directed Reliance Jio Company to pay Rupees 10 lakhs as compensation for cutting trees illegally in Kurnool District of Andhra Pradesh for laying underground Optic Fibre lines.

The concern was regarding felling of 125 Avenue trees of species such as Kanuga, Seematangedu, Peltofurum and Neem in Kurnool District for laying Optical Fibre Cable from Nannur to Veldurthy villages without any permission. The District Forest Officer, Kunoor issued a show-cause notice to Reliance Jio Company and the company replied to the notice stating that the allegations in the show-cause notice are wholly incorrect. Unsatisfied with the reply given by the Reliance Jio Company, the District Forest Officer, Kurnool requested the company for further reply and also informed that if further reply is not received within 4 days of receipt of the District Forest Officer, Kurnool, action would be taken against M/s Reliance Jio Company as per Andhra Pradesh (Protection of Trees & Timber in Public Premises) Rules, 1989.

Since no further reply was received from the Reliance Jio Company, the District Forest Officer issued directions to remit an amount of Rs. 2,09,825/- for damaging 125 Avenue trees and the damage caused to the environment by violating the rules in force to the Government Head of Account. Accordingly M/s. Laxmi Constructions, a company engaged by the Reliance Jio Company remitted the said amount to the Government Head of Account.

Further, case was also registered against M/s. Laxmi Constructions for damaging Avenue trees under section 28(5) of A.P. Water Land and Trees Act, 2002 as well as Rules 4 & 5 of Andhra Pradesh (Protection of Trees and Timber in Public Premises) Rules, 1989. And also, initiated arrest proceedings against the accused Sri Gogula Sreenivasulu, S/o G. Pullaiah, R/o Velugodu, of M/s. 3 Laxmi Constructions engaged by M/s Reliance Jio Company and sending to judicial custody.

The Principal Bench consisting of Sh. Adarsh Kumar Goel (Chairperson), Dr. Nagin Nanda, Expert Member and Sh. Siddhanta Das, Expert Member opined, “In view of acknowledged violations and magnitude thereof, we are satisfied that there is no basis for limiting the amount of compensation to about Rs. 2 lakhs. Having regard to the totality of circumstances, we are of the view that the amount should be enhanced to Rs. 10 lakhs.” Also, added that the compensation amount of Rs. 10 lakh to be deposited within one month and may be spent by the Forest Department for the restoration of the area.

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But, in Indian society, this did not happen without getting through the social stigma of being separated through filing for a mutual divorce case. Generally, it is not acceptable to either of the partners (Husband or Wife) to proceed for Divorce proceedings so easily.

Normally, it lands up going through multiple litigations from both Husband & Wife.

So, what are the options available to any person who wants to proceed with Divorce legal proceedings and had made up the mind to discontinue the marriage?

An understanding with regard to getting separated need to be firmly clear in the mind with the options regarding the maintenance amount, child custody, property division etc. For this, legal assistance can be sought from a lawyer/ Advocate. Once a person has evaluated all the available possibilities & options, can file a petition for divorce in the District Family Court. The petition for divorce shall be drafted based on the terms and conditions discussed elaborately with the legal practitioner/ Lawyer.

As per the Hindu Marriage Act, Divorce petition can be filed by either Husband or Wife on the following grounds;

• Adultery
• Cruelty
• Disability
• Desertion
• Imprisonment

The jurisdiction to file the petition for mutual consent divorce can be any of the following places:-

1. Where the marriage had taken place
2. Where Husband and Wife last resided together
3. Where either wife or husband is residing at the time of filing the petition
   Once the petition is filed in the District Family Court, the court shall then record the statement of Husband/ Wife, whoever has filed the divorce petition and summon the other partner for a date fixed by the court. Normally, it takes around 2 to 3 years for a District Family Court to complete the process and pass a decree of Divorce.
   

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Key points to take note of while searching for a good divorce lawyer-

1. Understand Lawyer’s Role in decision Making Process;

The purpose of using a lawyer is to help you move the dissolution of your marriage forward in a fair and economically viable manner.  While meeting a Lawyer, one should focus on money, movable & immovable assets, investments and custody of the children, if any.  One should not use his/her lawyer as an emotional support, for this surely one should look towards family and friends.  When meeting with the lawyer, keep your emotions out of the conversation and concentrate on answering lawyers questions with factual information.  Discussing what the marriage was like and the history of your relationships is certainly important, but it is not the lawyer’s job to provide counseling

2. Take an Appointment With Shortlisted Lawyers

In order to decide who would be the right lawyer for ones unique situation, check out the suggestions and feedback provided by the lawyers.  Before setting up a meeting with the shortlisted lawyers, make sure about the charges for consultation, some may provide it for free. A lawyer providing free consultation does not means he isn’t capable or well enough to suggest.

Some relevant questions can be asked to the Lawyer

1. Does your lawyer specializing in family law?

You will want to look for lawyers who specialize in family law.  If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law. It is important to get a good “fit”.  You should feel comfortable with your choice of lawyer.

2. How much will Divorce process cost?

Do check for the fees to be charged by the lawyer.  What will be the billing terms?  Some lawyers have a set fee for mutual divorces.  Check with your lawyer about the tentative timelines while seeking contested divorce and how much the entire divorce process might cost.  To get an estimate, be sure to provide the lawyer with an idea if your divorce is amicable, or if it is likely to involve challenges from your spouse’s lawyer. Also, check for the custody agreement if there are children out of your wedlock. 

3. What could be the tentative outcomes?

You want a clear idea of your lawyer’s competencies and track record for obtaining what is fair and right for you. Be sure your lawyer clearly tells you if he or she foresees any potential “sticky” problem areas.  

4. About your rights and responsibilities

Check with your lawyer about legal rights and obligations.  Make sure your lawyer has firm knowledge about what you are legally entitled to and what you legally have to commit to when it comes time to finalize the divorce.

5. Duration of the Divorce Process?

 Be sure to ask if the lawyer can work within your schedule. How flexible he or she can be in regard to timing.  You should also ask if you need to be present for any of the Court dates.

Make sure you have a good fit with the lawyer

Pay attention to the small details from the beginning:  Does your lawyer return phone calls and emails within a reasonable amount of time?  Is the location of the office convenient for you so that you don’t have to drive hours and pay for parking and tolls each time you need to meet with them?  

Check online presence of your Lawyer

In years past, some states allowed lawyers to advertise in telephone directories.  If you still use a directory, you can always check there, but nowadays nearly all lawyers and legal practices have websites that you can check out.  You may even find online reviews of their services if you Google their name or a firm’s name.  

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