Cross examination is probably the most important stage where false cases filed by wives can get demolished – and at the end of it what looked like kevlar plated armour of a wife’s case looks worse than torn underwear. The gynocentric and women-protecting System will always try not to let the cases reach this stage and which is the reason the so called counselling by CAW/mahila thana etc, mediations in DV or in family courts are preferred routes to nip the possibility of any fight being put up by husband in the bud. He is given the carrot of mutual consent divorce and withdrawal of all cases in return for settlement money to wife. What all ‘justice’ can’t a bunch of money buy? For those who have decided to go beyond the initial pain and uncertainty and willing to run it like a marathon … [Read more...] about Basic Cross-examination techniques in matrimonial cases like DV, CrPC 125, Divorce, 498A, 406 etc
Wife’s attempt to separate husband’s parents, suicide attempt, unfounded allegation of extra-marital affair considered mental cruelty on husband for divorce – Supreme court judgment
News about this Supreme Court judgment have started appearing in many newspapers with the headlines which like “forcing husband to separate from his parents” or “forcing Hindu son to separate from parents” amounts to cruelty, and so on. As it happens, news headlines may a time don’t reflect the full picture of logic inside a judgment, and sometimes news reports may even highlight a secondary part of the judgment as the main reason when in fact the judgment was based mainly on other factors. This site contains very few judgments on topic of divorce, and the reasons are explained in detail in this and this post. The reason of covering this judgment here are that people shouldn’t get complacent that one judgment (though important one given that it’s by SC) about … [Read more...] about Wife’s attempt to separate husband’s parents, suicide attempt, unfounded allegation of extra-marital affair considered mental cruelty on husband for divorce – Supreme court judgment
Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Many a time there is doubt raised by people about value of having an audio recording which goes on the lines of: “My lawyer says that audio recording….<add here something to effect of not good, not useful, not admissible etc etc.>” That audio recordings are not admissible or good evidence are just lazy excuses or convenient myths which are spread to steer husbands towards the C-word (read other posts on this site to know the meaning of C-word). And what’s surprising is this: sometimes the same people would be fearful that wife or in-laws may have recorded something of their conversation which will show them in bad light. So when husband records something, it can’t be useful, but one must be scared of wife’s recording! Can anyone see the logic here except the logic of … [Read more...] about Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Is there any law which supports men?
Recently someone sent email via our NGO website and upon my reply to his email giving some basic advice and further suggestion to join our groups, he replied back asking with a profound question, which triggered the need for writing this article. His full email had only one sentence: “ok thank u but is there no law which supports men can police help”. As an aside, I am unable to understand why do some people (though it has come down a lot) reply to my email asking a further question ignoring the standard large sized red coloured matter at the end of my every email: “I will not reply to personal emails for advice in future. Guidance is given only inside groups.”? My guess is that many a man facing cases from their wives, somehow feel entitled to ignore such ‘minor’ inconvenient … [Read more...] about Is there any law which supports men?
Jharkhand HC removes absconding proclamation under CrPC 82
A reader has sent this judgment in reference to another Jharkhand HC judgment dealing with arrest and proclamation under section 82 of CrPC. CrPC 82 can become a problem for those who want anticipatory bail or some kind of arrest protection, and pending that go underground or into hiding from police etc. In that case, police may ask the court and court has power to declare that person as absconding from justice. First para of Section 82 of CrPC is below: CrPC Section. 82 Proclamation for person absconding Description If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written … [Read more...] about Jharkhand HC removes absconding proclamation under CrPC 82
Reform Advocates Act for benefit of common public and litigants
Law Commission has recently asked for opinions from stakeholders on reforms required in the Advocates Act, 1961, the last date of which is 31st Aug 2016. So interested people can read the analysis and suggestions below, and send whatever suggestions they agree with to [email protected] https://www.facebook.com/Law-Commission-of-India-1661261260775559/?fref=nf Hon’ble the Supreme Court of India , in criminal appeal No.63 of 2006, Mahipal Singh Rana v. State of U.P., has asked the Law Commission of India “to go into all relevant aspects relating to regulation of legal profession in consultation with all concerned” at an early date. In view of this, the Law Commission of India has undertaken the study of the Advocates Act, 1961. The Law Commission of India requests all the stakeholders to … [Read more...] about Reform Advocates Act for benefit of common public and litigants