I read with interest the news item reported in DNA Mumbai, esp. the headline which is so deceptive. The headline says - Short marriage, small alimony http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 Well, here is my take on this deceptive, putting wool over the eyes of public kind of news headline. The news says: A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. So far so good… we are on track, I mean you got married for 2.5 months and now want spouse to bear your US education expenses? Further… Tina and Nitin (names changed) got married on May 5, 2007 … [Read more...] about Have a short marriage, and screw husband for life!
God save Indian women — NCW says no swayamvar for them
After Rakhi Sawant’s swayamvar reality show where she chose her husband (or so we thought), a new show has started where Rahul Mahajan will be choosing a wife for himself. Nothing gets Indians so excited than prospect of seeing a marriage party! However NCW does not seem to be too happy about people making their own choices in marriage. http://timesofindia.indiatimes.com/india/NCW-trains-guns-on-Rahul-Mahajan-reality-show-/articleshow/5524923.cms NEW DELHI: National Commission for Women has written to I&B ministry asking it to ensure prevention of indecent portrayal of women in a forthcoming reality show on a bride hunt for Rahul Mahajan. "I have seen the advertisement only. However, we have written to the ministry asking it to ensure that there is no indecent … [Read more...] about God save Indian women — NCW says no swayamvar for them
Indian woman thinks of marriage as pious bonding, but sex before marriage is ok!
A recent Delhi High Court judgment has ruled that having sex with fiancée and then breaking off engagement will be taken as crime of rape. http://timesofindia.indiatimes.com/city/delhi/Sex-with-false-promise-of-marriage-is-rape-HC/articleshow/5525620.cms Justice V K Jain refused to grant bail to the man, Nishant (name changed), who had filed a petition for anticipatory bail in a case where he is accused of raping a girl who was approved by his family and had even got engaged to him. On one hand society is getting permissive in terms of sex, what with 3-4 sex surveys being done every year in weekly magazines, reality shows where women mouth obscenities as much as men do; so it would seem that at least in urban India, women are not the coy stuff they were supposed to be earlier and … [Read more...] about Indian woman thinks of marriage as pious bonding, but sex before marriage is ok!
Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person with Ld. Counsel Shri Anujai Tiwari. Ld. Protection Officer Ms. Kiran also present. 2. By this order, I have to decide an application of applicant Sonia w/o Shri Vinod and D/o Shri … [Read more...] about Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
This supreme court judgment of Sep 2009 is important on 2 counts:1. It lays down the condition that only Supreme Court can grant divorce under Sec 142 of constitution on grounds of irretrievable breakdown of marriage. The High courts and lower courts do not have this power.2. Only the Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13-B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other Courts can exercise such powers.If there were any doubts as to applicability of the said judgment to lower courts, here is a judgment of Punjab and Haryana High court which refers to above judgment and … [Read more...] about Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
1 month jail for every month of maintenance default under CrPC 125
CrPC 125 has provision to send husband to jail for not paying maintenance. In a recent judgment, husband was ordered to serve jail term for 44 months since he was in default for 44 months of maintenance ordered under CrPC 125. However sending jail for each month of default probably seems a liberal interpretation, because the plan reading of the section says that a month of jail can be sentenced for each order which is not adhered to.http://timesofindia.indiatimes.com/city/mumbai/Jail-hubbies-who-fail-to-pay-maintenance/articleshow/5466802.cmsMUMBAI: Coming to the aid of neglected wives, the Bombay high court has ruled that men who fail to pay a court-ordered maintenance to their estranged spouses can be jailed for every month that they default on the payment.“This case exemplifies the … [Read more...] about 1 month jail for every month of maintenance default under CrPC 125