Some MRAs have discovered that apart from IrBM (Irretrievable breakdown of marriage) bill which got passed in Rajya Sabha (but not Lok Sabha) during UPA rule, a new private bill is waiting to be introduced for discussion in Lok Sabha. The link to PDF is given below, and a text conversion of the PDF is given later. The bill proposes to define a category called abandoned wives and proposes to give maintenance not less than 40% of husbands’ income to such wives. This is additional clause to be added to Hindu Marriage Act, 1955 and will not disturb existing maintenance clauses HMA 24 and 25. http://164.100.24.219/BillsTexts/LSBillTexts/asintroduced/778LS.pdf Provided that in no case the amount of maintenance granted under this section shallbe less than two-fifths of … [Read more...] about Proposed private bill for 40% or more maintenance to abandoned wives
Do physical labour to give maintenance to wife: SC judgment under CrPC 125
There was a bit of cheer in the husbands’ camp lately with SC judgment saying that arrest in IPC section 498a (and offences with less than 7 years punishment) should strictly be done following CrPC 41 and 41A guidelines. Well, as usually happens, such relief news is usually quickly followed by another judgment by higher courts which contain stern warnings and admonitions; lest the husbands become too happy and delirious and forget their role as protectors and providers to women and children! http://timesofindia.indiatimes.com/india/Delay-in-maintenance-to-wife-violates-human-rights-SC/articleshow/38513545.cms "It is the sacrosanct duty to render financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless … [Read more...] about Do physical labour to give maintenance to wife: SC judgment under CrPC 125
Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
These sections were modified in amendment to CrPC (Criminal Procedure Code) in 2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498A, which being a cognizable offence didn’t need a warrant for arrest. Nothing much has happened in reality, because in India you need to prescribe a penalty if you want a rule to be followed. With the latest judgment by Supreme Court to curb automatic arrests under IPC 498A (and other crimes punishable up to 7 years), scope for such penalties has been opened on both errant police and negligent magistrates. 👉Take this Basic Quiz on IPC 498A and CrPC 41A to test your knowledge of their legal provisions Here is the copy of advisory issued to all states by home ministry to follow CrPC 41, 41A to curb misuse of powers of … [Read more...] about Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar
Supreme court has been giving judgments on misuse of IPC 498A for many number of years, and they had even asked the law ministry to consider amending it. Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498A but there is no guarantee that these rules are followed. The advisory/letter/circular issued by home ministry in government of India is given here. Update 16-Apr-2015: If anyone got arrested under IPC 498A (or other offences less than 7 years punishment) without CrPC 41/41A procedure, read this post on how to take action police or magistrate as applicable. Update on 14-Jul-2014: According to latest on the ground information, Punjab police has refused to arrest in a 498A case filed in Jun 2014 … [Read more...] about No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar
Wife making wild allegations ground for divorce – Supreme Court
Just posting this news, I don’t place any weightage to such judgments where husband gets a divorce ostensibly on grounds of irretrievable breakdown of marriage but actually by paying up 25 lakh in name of child, but after the 16 years old child turns 18, we all know who will be the utilizing that money! Also, let’s be clear a divorce on grounds of irretrievable breakdown of marriage can only be given by Supreme court so people should not waste time on searching the net about how to apply for it in family or high court. Also men need to get familiar BEFORE MARRYING to the new proposed IrBM bill already passed by Rajya Sabha having been sponsored by Congress government and Kapil Sibal etc (glad they got reduced to 44 seats); which will effectively ensure lifelong slavery for Indian … [Read more...] about Wife making wild allegations ground for divorce – Supreme Court
6 month child custody in an year to both father and mother: Karnataka HC
In a landmark judgment related to child custody, Karnataka high court has allowed father to have custody of his son for first 6 month of the year, and the next 6 months with the mother. One of the reasons behind the decision was that the father has fought for custody for eight years, so he must love his son very much. Very well but maybe courts need to evolve more sensible and humane criteria than the amount of time a father has spent in courts to ascertain how much father loves his child. It should be a presumption unless proven otherwise. Excerpted: 21. The records clearly disclose that the respondent is also having utmost love and affection towards his son. From the last eight years, he is litigating for is son, which shows that he has great love and affection for him. And … [Read more...] about 6 month child custody in an year to both father and mother: Karnataka HC