Recently there were comments made by justice B V Nagarathna of Supreme Court on fearmongering based advice given in matrimonial cases on social media. Excerpts below: ——————- "In recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers on social media - to solicit clients by invoking a sense of dread, especially in matrimonial matters and marketing what is called saving tactics.." She advised the young law graduates to balance between their duty to the client and the court. She said that young practitioners should excercise caution that their services are not used by busybodies and to further frivolous litigation. She also frowned upon the practice of bar members boycotting their duty of representing the accused … [Read more...] about Husbands should avoid convenient myths, Build knowledge from authoritative sources
Doctor Husband files perjury on doctor wife – Karnataka HC judgment
Case Overview The video transcript discusses a High Court of Karnataka judgment from August 2021 in India involving a perjury case. The petitioner (husband) accused the respondent (wife) of perjury for falsely claiming to be unemployed in her affidavit during their annulment proceedings filed in Family Court of Bengaluru. Key Points: False Affidavit: The wife, in her affidavit, stated that she had no income or employment. Petitioner's Argument: The husband argued that the wife's claim in her affidavit that she was unemployed was false and presented income tax returns (ITR) of wife to support his claim. Family Court's Decision: The Family Court initially rejected the husband's perjury application. High Court's Intervention: The husband challenged the Family Court's decision in … [Read more...] about Doctor Husband files perjury on doctor wife – Karnataka HC judgment
How to create Perjury CrPC 340 template document using automated draft generator tool?
In the video, the creator discusses an online generator tool they have created for automatic draft generation. The tool is available at a link, but it can only be used on a laptop or desktop browser, not on mobile. The creator explains that there are three tools in this generator: one for getting a CAW complaint copy from a police station, one for generating a child custody draft petition for fathers, and the third one for filing the CRPC 340 perjury application in case of false information in a wife's affidavit for maintenance. Questions to be answered in CrPC 340 perjury draft generator tool Did your wife lie in her affidavit that she is not working? Did your wife lie in her affidavit that her parents are dependent on her? Did your wife materially suppress her true income in her … [Read more...] about How to create Perjury CrPC 340 template document using automated draft generator tool?
Template for Agreement between Advocate and Client/Litigant (for Pro Bono cases)
Below is a template for agreement regarding communication and other modalities between an Advocate (on Vakalatnama) and Client/Litigant. The following is just an indicative template, and it is only meant for educational purpose. Kindly do not post any comment asking for name or contact of said advocate. Since the below template is for Pro Bono (where advocate does not charge fees to client, but do read the details regarding other legal expenses etc), the agreement template will need to be modified regarding services and expectations when it is on a paid basis. Even if you are unable to get a written agreement like below, it is recommended to go through all the points and come up with an implied agreement preferably through communication via WhatsApp, Email, SMS as may happen over … [Read more...] about Template for Agreement between Advocate and Client/Litigant (for Pro Bono cases)
Karnataka HC issues Family Court Guidelines for interim Child Custody, reiterates Shared Parenting-Jyoti Priya Vs Paul Goodwin-August-2021
Following August 2021 judgment by Karnataka High Court on Principles for deciding Interim Child Custody orders is a first of a kind since so far, since the existing guidelines on Parenting Plan being followed by a few High Courts fell short on enunciating strongly the benefit of following principle of Shared Parenting in Child Custody and Interim Child Custody arrangements - and did not give mandatory guidelines to Family Courts in deciding Interim Custody orders. So the existing framework was more of a "Let's follow these good ideas" without an authority of giving some broad mandatory principles to be followed by Family Courts. The judgment also mentions the Karnataka HC Division Bench judgment (Savitha Seetharam vs Rajiv Vijayasarathy Rathnam-September 2020) … [Read more...] about Karnataka HC issues Family Court Guidelines for interim Child Custody, reiterates Shared Parenting-Jyoti Priya Vs Paul Goodwin-August-2021
Delhi HC Judgment – Secretly taken Audio Recording Allowed As Evidence in Family Court
In general, audio/video recordings are allowed as evidence in court proceedings - whether civil/family/criminal. Can a secretly taken audio recording between spouse and another person be allowed as evidence in Family Court proceeding like Divorce/RCR/CrPC 125/Maintenance etc? Legality, Privacy concerns regarding audio recordings as evidence 1. What about legality of Evidence obtained illegally or unethically? 2. What about violation of privacy? Can constitutional provisions be invoked? 3. Can such audio recording be allowed in a Family Court proceeding like Divorce/RCR etc? Delhi HC judgment answers such questions in Deepti Kapur vs Kunal Julka To download PDF judgment with important highlights, click below: … [Read more...] about Delhi HC Judgment – Secretly taken Audio Recording Allowed As Evidence in Family Court