The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update 27/07/2019: The core principle in child custody cases is Welfare of Child and any statutory laws are to be overridden with this principle, though how this principle is applied or interpreted in a particular case can vary and there are no standard guidelines or tests for the same as of now. Read this book to get a basic idea of child custody cases and decisions: Read this FREE eBook written by fathers involved in child custody issues(PDF book) Update March 15, 2016: this post was written many years back and many points are still relevant, like courts do not usually disturb … [Read more...] about Strategy for Child Custody for Men
Anticipatory Bail
Sec 498A is non-bailable offence, which means granting of bail is not a right of the accused. Section 438 covers grant of bail for non-bailable offence. Read about anticipatory bail here:http://ipc498a.wordpress.com/2007/07/14/what-is-anticipatory-bail/More info on AB here: http://ipc498a.wordpress.com/2009/07/26/sc-explains-anticipatory-bail-2009/ FIR no pre-requisite for AB Read link below for actual judgment that FIR is not required to get AB. From same website: "The filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet … [Read more...] about Anticipatory Bail
Cognizable and non-cognizable offence
First schedule of the Cr.P.C. gives the classification of the offences of the IPC into cognizable & Non-cognizable categories.IPC 498A is a congnisable offence. A brief description of the two is given below (courtesy link here: http://ncrb.nic.in/cii2007/cii-2007/CHAP1.pdf): Cognizable Crimes A cognizable offence or case is defined as the one which an officer in-charge of a police station may investigate without the order of a magistrate and affect arrest without warrant. The police has a direct responsibility to take immediate action on the receipt of a complaint or of credible information in such crimes, visit the scene of the crime, investigate the facts, apprehend the offender and arraign him before a court of law having jurisdiction over the matter. Cognizable crimes are broadly … [Read more...] about Cognizable and non-cognizable offence
Info on FIR, Arrest, and Police ranks
Here is some official information on FIR with applicability and various references to CrPC and IPC :http://www.saferindia.com/kiranbedi/firdemo.jspSame/similar to above document in PDF format (but this one has some spelling errors so check out yourselves):http://ipc498a.files.wordpress.com/2007/10/the-first-information-report.pdfSome compendium of information on FIR, NC (Non cognizable offence), reporting of complaint to police, magistrates, powers of police, where to complain etc are given below:http://www.karmayog.org/policedepartments/policedepartments_23086.htmDetailed document with information on arrest with references to CrPC etc is found here:http://ipc498a.files.wordpress.com/2007/10/law-of-arrest.pdfPolice circulars in various states which prohibit police to arrest without … [Read more...] about Info on FIR, Arrest, and Police ranks
Using Purshis in court
Purshis is a legal procedure to get verbal remarks of opposite party (OP) into the court records. I think the benefit can be that if OP has made some verbal remarks in court which can benefit your case later, then it is best to get them into court records. Several times someone driven by stupidity and emotion may make verbal remarks thinking that these are only verbal remarks not a document so there is no harm. However purshis may be useful in these cases. Follow links below for more information on purshis.Format of Purshis (from SIF Jul09): On top simply write "Pursis in the matter of ............."At the end write - Hence this Pursis.This is usual practice, use it, then come to know. Usage and real life example of PurshisSome definition and usage of … [Read more...] about Using Purshis in court
Countercase – using DP3 : Dowry Prevention Act
Dowry giving is also a crime under dowry prevention act. This strategy builds on the maxim that offence is the best defence. If the woman party accuses us of taking dowry, case can be filed against them for giving dowry which is a crime.From judgment at link: http://iitbiimb498a.wordpress.com/vague-allegations-not-acceptable/ In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short ? the Act?) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated … [Read more...] about Countercase – using DP3 : Dowry Prevention Act