From this recent Punjab and Haryana HC judgment, the court is of opinion that mere filing of criminal case by woman does not amount to cruelty for purpose of granting divorce to husband. Basically it is only after prosecution is in progress and evidences given to disprove allegations that cruelty can be established.http://indiankanoon.org/doc/439871/ Learned counsel for the appellant also contended that theregistration of FIR Ex.P.6 under sections 406/498-A/323/506 IPC itself amountsto cruelty because false allegations have been levelled in the complaint. Thisplea again deserves to be noticed to be rejected as the criminal case is stillpending and it is yet to be determined whether the allegations are correct orfalse. Filing of complaint by a wife to redress her … [Read more...] about Allegations by wife only after proved false can be deemed cruelty for divorce
RTI Learning — Tutorials, Guides, Templates
A simple 9 step tutorial to RTI. Dummies and even experts can start with this simple tutorial before reading bare act.http://www.sakshitrust.org/Learn_RTI/Online_Tutorial/Another step by step user guide.http://www.humanrightsinitiative.org/programs/ai/rti/india/user_guide/user_guide.htmThis guide gives information and actual cases of how RTI has been used by people. Very useful to find practical uses of RTI.http://www.prajanet.org/partners/nrti/files/RTI%20booklet.pdfA well written and formatted guide which is all in one. It has information on RTI, practical usage of RTI, templates, CIC decisions and bare act also.http://www.nyayabhoomi.org/rti/RTI_Handbook.pdfDoes a template for your problem already exist? Check here templates for many … [Read more...] about RTI Learning — Tutorials, Guides, Templates
HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’
Here is another news of rejection of maintnenace demanded by wife the woman had a monthly salary of Rs 19,000, while husband had monthly pay of Rs 62,000. According to my reading of news it was maintenance demanded under HMA Section 24 during divorce proceedings. The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband.Earning women can’t get alimony for ‘unjust enrichment’: courtExcerpted from news story:Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial assistance to the indigent spouse, certainly not for enjoyment of an opulent lifestyle.Taking into account the social changes where women are no longer dependent on their … [Read more...] about HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’
Delhi court rejects maintenance for more qualified wife
Dismissing the concept of women being the "weaker sex" and urging them to work rather than being dependent on their "pati parmeshwar", a district court rejected the plea of a woman seeking maintenance from her mentally disturbed and unemployed husband. Read full news below:Court dismisses 'weaker sex' pleaNot sure if the application was filed under HMA or CrPC 125, but in any case this means that women who are more qualified than their husbands should start thinking of moving their butts and start earning rather than hoping their husband will be their protector and provider for all time to come. … [Read more...] about Delhi court rejects maintenance for more qualified wife
SC grants divorce to husband invoking article 142 of constitution
SC Judgment under article 142 of constitution on divorce granted to husband due to irretrivable breakdown of marriage, and basically the fact that wife withdrew consent on mutual divorce agreement AFTER she had got the property from husband as per agreement.Lesson here for men is: make the mutual divorce agreement an airtight and foolproof agreement that can be done as a single, simultenous operation,i..e, all conditions are met on both sides otherwise nothing doing.--------------------------------------------------------SUPREME COURT OF IND IA RECORD OF PROCEEDINGSCIVIL APPEAL NO 5952 OF 2009 (Arising out of SLP (C ) No.14361 of 2007ANIL KUMAR JAIN Petitioner (s)VERSUSMAYA JAIN Respondent (s)Date : … [Read more...] about SC grants divorce to husband invoking article 142 of constitution
SC Judgment: On directing CBI to produce missing child
ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and respondentno. 6 soon thereafter. Respondent no. 6 approached the State ofNew York Supreme Court … [Read more...] about SC Judgment: On directing CBI to produce missing child