Basically, I see this judgment in line with another recent one where interim maintenance was denied to a wife qualified as beautician. I think the main thing in both judgments that the child of couple was staying with father, so the usual sympathy for mother as well as need for child support being paid to mother did not arise. Though such situations where child is left with father are somewhat rare, the main point to understand is there is no such rule that “you will have to pay some maintenance to wife” – a convenient quote often made by lawyers. Maintenance will be decided based on details and merit of the case. Full judgment text below: … [Read more...] about Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband
Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
This May 2015 judgment of Mumbai Bandra family court is the first in India which in an interim child custody/visitation order, has asked both mother (petitioner) and father (respondent) to make a parenting plan, and has created a shared parenting plan based on those submitted by both of them. It has also explicitly refers to benefits and necessity of Shared Parenting in child custody matters, and to December 2014 recommendations of Law Commission on shared parenting. Following are the main points of the judgment: 1. It has divided the interim custody of daughter for 6 months of the year each to father and mother. There is another Sep 2013 judgment of Karnataka HC which did something similar, but that order was not based on creating a shared parenting plan and did not refer to that … [Read more...] about Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
Thanks to a reader, we have this judgment of Patna High Court on topic of arrest and anticipatory bail. Even though the Supreme Court’s Arnesh Kumar vs State of Bihar & Anr. judgment has been in operation since July 2014, which clearly says that departmental action can be initiated against magistrates if they routinely grant accused to be placed in custody for offences with punishment less than 7 years; it seems that judgment has had no effect in state of Bihar so far. Because in this case, the Patna HC has acknowledged the “very disturbing state of practice prevailing in the subordinate judiciary on the subject of granting of bail in a complaint case involving non-bailable offence inasmuch as when an accused appears in such a case, pursuant to even summon issued against … [Read more...] about Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
Thanks to a reader, we have this interesting judgment on topic of arrest and bail; and it highlights the rot that has become India, and the rot and zombie-hood exists in all branches of official life: be it executive (police department), or judiciary. So the usual Indian trick of pointing finger at another department will not work in this case. Citizens are not above blame either, because they seem to firmly believe that the rot exists in government, and it can’t be fixed; so all their energy is spent on finding shortcuts and escape techniques, rather than improving the system. Gist of the the judgment is this: Police complaint filed against husband and family members in IPC 498A, 406, 420, Dowry Prohibition (Sections 3 and 4) case. My guess is either summons are issued by … [Read more...] about In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
A special message on Independence Day!
On eve of Independence day, a special message for all. Pledge to do the following: 1. Bribe the police every time you go to PS because otherwise they won't do their work they are supposed to do. 2. Continue to feel scared of CAW cell because they are more powerful than even courts. 3. Try to join men's rights groups pretending to be a fighter while you are only secretly learning how to get divorce without paying a penny while these idiots keep discussing how to fight cases. Also try to find a good lawyer because these other members have overlooked that obvious and easy solution. 4. Don't meet or talk to anyone in weekly meetings. Prefer to sit in WhatsApp or other groups just quietly and keep listening without sharing or contributing anything. These others must have tortured … [Read more...] about A special message on Independence Day!
Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
Two readers sent copy of this recent Delhi court’s judgment about interim maintenance, and thanks to both! While many people were commenting after reading the newspaper reports of this judgment, I don’t think the newspaper reports mentioned that there was a child who was being taken care of by respondent-husband. I wonder if the decision had been otherwise had the petitioner-wife been taking care of the child, which is the usual scenario. In fact, I think that’s the crucial point which has gone in favour of husband/father. Another possible conclusion: As far as denying maintenance is concerned, better to have a wife qualified as a beautician, than a wife with qualifications like MA or PhD, but no work experience whatsoever. Important points of judgment below: ii) … [Read more...] about Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician