There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too. A bigger principle possibly could be: knowledge of the law can be a very beneficial thing! Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have to know the law fully well to be able to operate. A basic principle of criminal law is that any anyone accused of crime is innocent until he is proven guilty. Indian public seems to be aware of it when it comes to voting for … [Read more...] about Innocent until proven guilty is the law, use it
How to assess your false case and marriage breakup probability
Friends: do you feel you have been through following situations or likely to go through them in near future? 1. Your wife has left the house without any reason or communication, and now her parents or someone else is doing whisper campaign against you? 2. You have tried to call your wife back many times trying to reason with her, her parents; but they always suggest that you follow some conditions, rather than even discuss what’s the real issue. Worry not, for now we present after years of studying these situations the highly (un)definite guide to assessing your false cases and marriage breakup score. Think about it this way: sometimes the bad news can be the good news if delivered early enough. For example, we all know how dangerous is a disease like cancer. Now if you are … [Read more...] about How to assess your false case and marriage breakup probability
Multiple maintenance under DV Act denied when CrPC 125 already decided
It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and … [Read more...] about Multiple maintenance under DV Act denied when CrPC 125 already decided
Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
In this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court. Important parts of judgment below: 7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil Suit. Application u/S. 125 Reg. C.S. No. 227/86 of Cr.P.C. Therefore, according to Mr. Vidwans, in both the litigations, the fate would be based on the same evidence. 8. The findings given by the … [Read more...] about Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
What to do if maintenance amount is more than your income/salary
Question: I work as a XYZ (low paying job), and my income is only __________ (a rather low amount). But the judge has ordered an amount of Rs ___________, an amount much more than my income. What should I do? That reminds me of a story/joke of a man who has taken a loan – he being worried that he will be unable to pay the next instalment on time. He gets sage advice from a clergy, “if you can’t pay the money, it should be their problem more than yours, so let them worry about it!” Of course such problems can’t always be laughed away. But to an extent a bit of above attitude is a must in such circumstances. E.g. we know from newspaper stories, and I know one personally, about men who have written to their states’ High Court to grant permission to sell their … [Read more...] about What to do if maintenance amount is more than your income/salary
Advice to men on 498a, maintenance, DV, divorce, child custody, what else
A picture is worth a 1000 words, so we start our advice to men post with above picture. Studying above picture for 5 minutes will give you as much benefit as reading the whole of Sun Tzu’s The Art of War, because you have most probably come here as a ‘victim of biased laws’, ‘harassed husband’, etc. etc. , and you are not a military general anyway; though one of these days one of them may also land up here! I deliberately edited out the woman’s butt so you don’t spend the 5 minutes looking there Update history This is meant to be a mega-post / mega-article to be written in phases, and eventually it will be the main post on men’s rights having links to other posts on specific topics. Following is a history of updates for repeat visitors. 2-Oct-2014: Section Encyclopaedia of false … [Read more...] about Advice to men on 498a, maintenance, DV, divorce, child custody, what else