After catching snippets of news on social media, TV, online news about domestic violence case filed by wife on Somnath Bharti -- once law minister in first AAP government in Delhi -- I decided to delve into some of the patterns followed by wives, and also possibly some right ‘moves’ made by Mr Bharti so far. Let’s start with Firstpost’s rendition of the DV complaint as it unfolds: http://www.firstpost.com/india/allegations-of-domestic-violence-baseless-somnath-bharti-reacts-as-wife-files-complaint-with-dcw-2289290.html In more controversy for ruling Aam Aadmi Party, its MLA and former Delhi Law Minister Somnath Bharti was on Wednesday slapped with notices by Delhi Commission for Women after his wife filed a complaint levelling charges of domestic violence, mental torture, … [Read more...] about AAP’s Somnath Bharti faces DV complaint from wife – lessons for husbands
Mumbai High Court grants divorce to husband – Wife’s demand for separate house without cause amounts to cruelty
Now if only such judgments could be applied like a thumb rule, almost 60-70% of men calling MRAs for help will be able to get divorce! Update Jul 17, 2015: A reader has sent the text of full judgment which is given later Wife's demand for separate house without cause amounts to cruelty: Bombay High Court Wife's demand for a separate residence amounts to cruelty when there's no justifiable cause for seeking the same, said the Bombay high court while granting a divorce to a man whose wife deserted him within three months of marriage. A division bench of justices VA Naik and AM Badar of the Nagpur bench of the HC observed: "It is necessary to note that the wife has, without any justifiable cause, left the company of the husband for more than 7-8 years and the husband was entitled to a … [Read more...] about Mumbai High Court grants divorce to husband – Wife’s demand for separate house without cause amounts to cruelty
Mumbai family court denies maintenance under HMA 24 to MBA qualified HR professional wife
It is getting more common that working women (even if prior to filing maintenance application) are getting their applications for maintenance dismissed by courts. Below is a case where such maintenance application under Section 24 of Hindu Marriage Act (for maintenance pendente lite or interim maintenance) was denied. Don't misuse law to claim alimony, Court tells woman The woman in question was highly qualified, had pursued her MBA, and was working with a private firm as a human resource personnel. In 2014, she approached the court seeking a permanent monthly alimony of Rs 25,000 and an equivalent amount of maintenance under Section 24 of the Hindu Marriage Act. The woman claimed that she was forced to leave her job. Her argument was that since she was not working and was … [Read more...] about Mumbai family court denies maintenance under HMA 24 to MBA qualified HR professional wife
Bandra family court orders shared custody of child to both parents in interim order during divorce case
Subsequent to Law Commission’s report and recommendation on Shared parenting and Joint Custody to Law Ministry, a Mumbai family court has ordered both mother and father to jointly share custody of their six years old daughter. Shared parenting plan ordered for warring couple In a landmark order, the family court in the city has for the first time set out a shared parenting plan for a warring couple fighting for divorce on the grounds of cruelty and for custody of their child. By this order the estranged couple gets almost equal days -split six months down the year -with their six-year-old daughter as an interim measure till the disposal of the divorce plea. The child was in the physical custody of the father and the order brings relief to the non-custodial mother. The child will be … [Read more...] about Bandra family court orders shared custody of child to both parents in interim order during divorce case
Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
One of our group members from Pune sent a clipping of news of maintenance denied to wife from a Marathi newspaper. His comment below: This order is of rejected maintenance to wife. Maintenance rejected because husband provided proofs of her Facebook and gmail accounts that she was chatting with her friends. Also proofs were provided of her mobile call records, and it was told to court that mother and sister both are working as well as petitioner was working before but not now. Keeping all this in mind there is no need of maintenance to wife. The news clipping is below: Even though I don’t speak Marathi, like Sherlock Holmes I went down to the task of trying to read whatever words I could understand from the news, to make some educated guess on what might have happened: First … [Read more...] about Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
Law commission recommends amendments to HMGA, 1956 and GWA, 1890 for joint custody and shared parenting
Subsequent to Law Commission of India’s invitation to public in Nov 2014 to comment on its consultation paper about custody law reform in India, it has recently released its recommendations to the Law Ministry on amending both Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890. Full PDF of report is given below (linked from Law Commission’s website): Law Commission of India Report no 257. Reforms in Guardianship and Custody Laws in India. May 2015 As per the report, there were 125 responses to Law Commission’s invitation for comments. In a country of 1.25 billion, there were only 125 responses! I am not sure if they are counting the responses sent via emails , because the number 125 seems too low. Anyway, maybe … [Read more...] about Law commission recommends amendments to HMGA, 1956 and GWA, 1890 for joint custody and shared parenting