Lot of the time people who are facing false cases -- be it IPC 498A, false domestic violence allegations under DV Act, -- tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints. All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with good intentions, we may end up with bad consequences; because merely having good intentions is not enough, it has to be backed by proper analysis, and then taking right actions at right time. And one should be flexible and open-minded … [Read more...] about Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC
Various HC approve Child Access & Custody Guidelines along with Parenting Plan
An NGO Child Rights Foundation based in Mumbai has been working for shared parenting and reasonable access of children to fathers/both parents; and high courts of Mumbai, Madhya Pradesh, and Himachal Pradesh have included these guidelines as either recommendations or as a guidance document, to be followed by judges of lower courts including sessions, district, family court judges, marriage counsellors in matters of deciding upon child custody and visitation orders. Click this to download a PDF of the custody and parenting plan guidelines document A probably first of its kind May 2015 judgment of Bandra, Mumbai Family court which gave shared interim custody to both father and mother was based on these guidelines. You can read both to compare that most points and parenting plan in the … [Read more...] about Various HC approve Child Access & Custody Guidelines along with Parenting Plan
Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ money, and last but not the least of the accused party or defendants, depending on whether it’s a criminal or civil case. There are multiple sections in Indian Penal Code (IPC) to punish false statements, … [Read more...] about Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that the accused due to this case which has ultimately ended in his acquittal, as suffered humiliation, distress and misery besides the expenses of the litigation. His plight may also continue after his acquittal as his … [Read more...] about Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Video: Prenuptial agreements in India – Who benefits?
Following are the news and data referred to in the above video. The referred news on proposal by Women and Child Development (WCD) ministry to introduce prenuptial contracts in Indian marriages: http://articles.economictimes.indiatimes.com/2015-09-18/news/66677506_1_couples-agreements-pacts Sec 23, 26 of Indian Contract Act referred from here: http://www.vakilno1.com/bareacts/indiancontractact/indiancontractact.html#23_What_consideration_and_objects_are_lawful_and_what_not Woman who cheated yet got pre-nuptial thrown out in her favour: http://menrightsindia.net/wp-content/uploads/2014/04/woman-adultery-asking-can-I-increase-my-alimony.jpg When a pre-marital contract may become invalid: http://family.findlaw.com/marriage/top-10-reasons-a-premarital-agreement-may-be-invalid.html … [Read more...] about Video: Prenuptial agreements in India – Who benefits?
Video: Women’s Reservation Bill – A Necessity? Or just going with the trend?
The data, and reports referred to in the video are from below sources: https://standupforacause.wordpress.com/2013/10/02/women-in-work-force/ http://www.prsindia.org/uploads/media/scr%20Women%20Reservation%20Bill%202009.pdf http://timesofindia.indiatimes.com/india/Life-expectancy-in-India-goes-up-by-5-years-in-a-decade/articleshow/29513964.cms … [Read more...] about Video: Women’s Reservation Bill – A Necessity? Or just going with the trend?