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 …[Continue Reading]
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 …[Continue Reading]
क्यों भारतीय पुरुषों को तलाक दाखिल करने में बहुत सावधानी बरतनी चाहिए
इस पोस्ट में प्रयुक्त कुछ शब्दावली और संदर्भ को बेहतर ढंग से समझने के लिए, इनमें से कुछ को पढ़ना महत्वपूर्ण पोस्ट इसकी सिफारिश की जाती है। अब यह पोस्ट पूरे भारत में पुरुषों के अधिकार कार्यकर्ताओं (एमआरए) द्वारा प्राप्त कॉल और मुद्दों के बहुमत को कवर करेगी। लगभग 80-90% कॉल करने वाले 1 वर्ष से 3 वर्ष तक कहीं भी, बहुत कम समय में विवाह कर चुके होते हैं, जहां समय पत्नी पति के रूप में एक ही घर में होती थी, शायद कुछ हफ्तों, कुछ महीनों या अधिकतम 1.5 वर्ष या उससे अधिक। इसलिए भले ही शादी 3 …[Continue Reading]
सीआरपीसी की धारा 41, 41 ए, 41 बी जिन में बिना वारंट के पुलिस द्वारा गिरफ्तार की जाती है
पुलिस द्वारा गिरफ्तारी की शक्तियों के दुरुपयोग को कम करने के लिए 2010 में CrPC (आपराधिक प्रक्रिया संहिता) में संशोधन करके इन धाराओं को संशोधित किया गया था, खासकर IPC 498A जैसे मामलों में, जो संज्ञेय अपराध होने के कारण गिरफ्तारी के लिए वारंट की जरूरत नहीं थी। वास्तविकता में बहुत कुछ नहीं हुआ है, क्योंकि भारत में आपको दंड देने आवश्यकता है यदि आप एक नियम का पालन करवाना चाहते हैं। सुप्रीम कोर्ट द्वारा IPC 498a (और 7 साल तक के अन्य अपराध) के तहत स्वचालित गिरफ्तारी पर अंकुश लगाने के लिए नवीनतम निर्णय के साथ इस तरह के …[Continue Reading]
How to file FIR or Complaint if police refuses to register it?
One of the common refrain or complaint of public is that even if they go to police station to report about some crime, they will be sent back and their complaint or FIR will not be registered. In matrimonial related cases, it has been seen that any complaint by wife is taken and registered into an FIR easily, whereas any complaint or FIR by husband is taken only if there are visible injuries or blood on him! I have seen one such case where FIR under IPC Section 323 was registered on in-laws party due to a bleeding head injury …[Continue Reading]
Complaint against male abuse in Asian Paints Damp Proof advertisement -advertiser advised by ASCI to modify or remove it
People who had complained to Advertising Standards Council of India (ASCI) against Asian Paints Damp Proof Advertisement at this youtube link have received final confirmation email from ASCI that their complaint has been upheld. While there is good likelihood that the advertisement will be modified or removed, but one should also read the fine print which says that the role of ASCI in the matter is of persuasion to advertisers, and it is not mandatory that the advertiser has to follow the advice given by ASCI. Basically, ASCI is a self-regulatory body and not a governmental organisation. Need for public …[Continue Reading]
How to file complaint against anti-male, anti-men, anti-boys advertisements to Advertising Standards Council of India?
From time to time, the corporate businesses keep coming up with anti-male advertisements, and both these advertisers and the ‘creative’ agencies behind it are doing it with much glee – hoping that more and more males will be only be too eager to embrace the neutering of their masculinity and pride in any male accomplishment. This is because the zeitgeist demands that any middle or upper-middle class male must compete in this race downhill to mock and demean other ‘samples’ of failed manhood – to gain approval of the rising gynocracy in society, to show their support towards fake feminism, …[Continue Reading]
Why is NCPCR washing off its hands from Child Custody issues?
As per this recent tweet by current Chairperson of NCPCR (National Commission for Protection of Child Rights), they will not look into any issue related to child custody irrespective of whether there is a child custody case pending in court or not. As to what are the roles of NCPCR, we should look at the legislation how it came into being. This is a government body created through legislative act called The Commissions For Protection Of Child Rights Act, 2005. I could find the preamble of the above act only in the official Gazette PDF of the bare act known …[Continue Reading]
Are IPS officers losing faith in law with regards to matrimonial cases?
An RTI was filed on Ministry of Home Affairs (MHA) last year regarding suicide of an IPS officer allegedly due to matrimonial issues. (An earlier RTI to UPSC resulted in forwarding of RTI to DoP&T presumably because they did not have the information). The brief news of suicide is as follows: The text of RTI is given below, which gives the context of RTI, before the information asked: —————————————— With reference to news below about suicide of an IPS Officer in 2018 (PDF of news is also attached as Supporting document): https://timesofindia.indiatimes.com/city/kanpur/wife-responsible-for-ips-officers-suicide/articleshow/65749669.cms Kindly provide information pertaining to: 1. Any studies/records/discussions/documents …[Continue Reading]
RTI to bring accountability of Police Investigation Officers (IO) and State Public Prosecutors based on Supreme Court judgment in State Of Gujarat vs Kishanbhai, 2014
An important judgment by Supreme Court came in 2014 wherein directions were issued to Home Department of all the States (which have both Police and State Prosecutors under them) to ensure that only people against whom there is sufficient evidence of having committed a crime are prosecuted. It was also directed that if an accused is acquitted after a trial, an accountability is taken as to why the Police or Prosecution failed to convict that accused person, and erring Police Investigation Officers (IO) and Prosecutors should suffer departmental action. The judgment can be referred to at: State Of Gujarat vs …[Continue Reading]
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