This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact.--------------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACTCM(M) No.367/2007RESERVED ON : 02-04-2007DATE OF DECISION: 17-04-2007Alok Kumar Jain ....... Petitionerthrough: Mr.Sandeep Sethi, Sr. Adv. withMr.Anshu Mahajan, Adv.VERSUSPurnima Jain ........ Respondentthrough: Mr.Harish Malhotra, Sr. Adv. withMr.Tanuj Khurana, … [Read more...] about Principles and procedures in deciding maintenance under HMA 24
Failure to maintain case diary by police is misconduct: CAT
I just love it. How often do you hear about accountability being demanded of the Executive? The RTI Act is the only thing closest to something which has a timebound accountability, and has monetary penalities -- nevermind the fact that many officials escape from penalties due to leniency.http://www.zeenews.com/news591451.htmlNew Delhi: Failure to maintain case diary by a police officer amounts to "misconduct", the Central Administrative Tribunal has ruled while dismissing an appeal filed by a Delhi police sub-inspector."Writing of case diary while investigating the matter is the duty of police officials, therefore, not writing the same amounts to misconduct."It is correct that no ill motives are attached. But nonetheless, if due procedure is not followed and everyone starts taking … [Read more...] about Failure to maintain case diary by police is misconduct: CAT
Marriage expenses cannot be returned to wife/in-laws
Here is a judgment of Mumbai High court which says that there is no provision in law for return of marriage expenses. The said judgment is in context of a nullified marriage on grounds of epilepsy of wife which was not disclosed before marriage. However, it seems clear from judgment that no provision exists in law for return of marriage expenses in case of divorce either.http://indiankanoon.org/doc/462782/Full text of the judgment with relevant sentences in bold follows: Equivalent citations: AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052 Bench: S Mhase, R Mohite Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar on 15/9/2004JUDGMENT S.B. Mhase, J. 1. This appeal is directed against the Judgment and Order passed in … [Read more...] about Marriage expenses cannot be returned to wife/in-laws
Don’t cry rape… grow up, be a woman!
False rape is one of the easiest way to get out of past mistakes, and put the blame on someone else for your mistakes. Grow up, be a woman ... I wonder why feminists don't come up with some such slogans which would give responsibility to women!http://www.tribuneindia.com/2010/20100104/delhi.htm#11Especially read the bold sentences: Unsupported account of rape victim can’t lead to conviction: Court New Delhi, January 3The “unsupported accusations” of an alleged rape victim, who gave contradictory statements during the trial, cannot lead to the conviction of an accused, a Delhi court has said. It shall be “highly unsafe” to record a conviction on the sole testimony of the victim “who has given two different versions of the incident”, additional sessions judge Arun Kumar Arya … [Read more...] about Don’t cry rape… grow up, be a woman!
A tragedy…we paid bribe(dowry) but did not get happiness
A recent news of a tragic suicide by a young woman.http://timesofindia.indiatimes.com/india/Airhostess-jumps-off-cruise-ship-family-alleges-husband-beat-her-regularly/articleshow/5410202.cmsNeha had married Ankit in October 2008. Her family said they spent over Rs 45 lakh on the wedding and gave the Dalals Rs 15 lakh in cash. ``Just after the marriage, they demanded Rs 10 lakh more and we gave them that too. But their attitude towards my daughter was bad since day one,'' claims Neha's father, S K Chhikara, who is the director of a shipping corporation. Comment: What perplexes is that if you give bribe (dowry) to a person (husband and in-laws) to do something for you (make your daughter happy), and if they don't do it, then do you have reason to complain?Why so? A person who takes bribes … [Read more...] about A tragedy…we paid bribe(dowry) but did not get happiness
Wife’s mentally disturbed condition not enough to prove husband’s cruelty under IPC 498a
A recent judgment of Bombay High Court has said that wife's mentally unstable condition who committed suicide later was not sufficient to convict husband under IPC 498a.http://www.dnaindia.com/mumbai/report_wife-s-mentally-disturbed-condition-not-enough-to-prove-husband-s-cruelty-says-high-court_1327888Read the bold sentences especially:Mumbai: A soured marriage and the resultant disturbed mental condition of a woman who committed suicide were not sufficient reasons to infer that the husband subjected her to cruelty, the Bombay high court ruled earlier this month.Setting aside the two-year imprisonment sentence handed out to Kamalkishore Agrawal, 48, by a sessions court, the Nagpur bench of the high court held that, "though it appears that the victim and the applicant had marital discord … [Read more...] about Wife’s mentally disturbed condition not enough to prove husband’s cruelty under IPC 498a