CHENNAI: The Madras high court has said women, who are victims of domestic violence, must be paid decent monetary assistance for food, shelter, health and education at every stage of proceedings under Protection of Women from Domestic Violence Act, 2005. http://timesofindia.indiatimes.com/city/chennai/Pay-maintenance-to-domestic-violence-victims-Madras-HC-says/articleshow/46438296.cms The 120-page verdict is sure to light up lives of thousands of women fighting domestic violence cases against their spouses, as it provides for maintenance and compensation for almost every conceivable aspect of a married woman's life, ranging from food and shelter to health and loss of income. Whatever verdict is supposed to lights up the lives of citizens, the judiciary will make sure to adjourn and give … [Read more...] about Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
How to handle jewellery bills shown by wife in 406, 498A, stridhan
As per the Dowry Prohibition (DP) Act, a list of gifts given to either bride or bridegroom by either side has to be maintained in a list of articles. So there are supposed to be 2 lists really. That’s the theory, but for all practical purposes no one at time of marriage is trying to follow the DP Act to it’s letter, so this law is followed mostly in breach and it’s a useless law for all practical purposes. Here are the various possibilities about the jewellery bills shown by wife/in-laws to CAW, court etc: 1. The bills are real, and all the jewellery corresponding to those bills was actually given to wife at time of marriage. In that case, all those will be her stridhan. Very rare though since most people filing 406/498A etc are doing it not to get back anything, … [Read more...] about How to handle jewellery bills shown by wife in 406, 498A, stridhan
How to handle situation when wife files RCR or wants to come back?
Question: Guys how to handle situation when wife files an RCR ? To rejoin or not to rejoin, that is the question Yesterday in family court I saw a ‘play’ being enacted, husband and his lawyer on one side, and on the other side was the wife talking by herself. The wife was saying that she wants to come back -- the word being used was ‘rejoin’. The judge was trying to impress upon husband the necessity to explore all the possibilities including rejoining. Rejoin sounds like a very nice word, but if someone’s coming back can lead to rejoining with misery and life of daily frustrations, then that’s not a rejoining we would like to go for, isn’t it? To give a background of above case which can be similar to many people’s situations, the husband was first to file divorce, then brought … [Read more...] about How to handle situation when wife files RCR or wants to come back?
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
As per a recent Mumbai family court judgment, qualified wife has been denied maintenance. While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work. Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications. Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself. The full judgment text has been found, and it was indeed a CrPC 125 case filed by wife (with divorce alleged by husband). Also, as I had suspected, indeed the petitioner had admitted to her having worked earlier, so it’s … [Read more...] about Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Feminists continue the slow kill on Dr Pachauri of TERI
Subsequent to my previous post on Dr Pachauri of TERI having been slapped with multiple sections of the IPC related to molestation and other crimes, the radical feminists and the humanist feminists have again made fresh demands about his suspension from TERI. Lawyers, activists demand Pachauri’s resignation from TERI Previously, they had demanded that his passport should be seized by police. That ‘demand for justice’ was to ensure a criminal trial, as if Dr Pachauri was going to abscond from India leaving on the next flight to Cayman islands where he has stashed away a few million dollars earned through his climate change and environmental works! This current demand is to ensure a fair investigation by internal complaints committee in the sexual harassment complaints against Dr … [Read more...] about Feminists continue the slow kill on Dr Pachauri of TERI
How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
Although most of the time I see that the people joining men’s forums are not getting arrested upon 498A FIR, there are a few who have been arrested. I think they are aware of the SC judgment against arbitrary arrest in 498A, but haven’t taken any action against police/magistrate after that. The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about it. After the above judgment has come into force, based on my assessment from calls received, the number of arrests under 498A seem to have come down by 70-80% at least. We cannot be sure of the exact statistics … [Read more...] about How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A