Useful RTI tactics From SIFF group details at link below: Add following in any RTI Application that u all send to get info. in under 30 days :-).http://groups.yahoo.com/group/saveindianfamily/message/135618 … [Read more...] about General RTI tactics
Wife denied maintenance under CrPC 125 since she had income earlier
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of "clean hands" with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source of income but in present there is no such source available to her and stated the reasons for decline in her income. But the petnr has failed to impress upon the Court as to the … [Read more...] about Wife denied maintenance under CrPC 125 since she had income earlier
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with "unclean hands" in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not … [Read more...] about Judgment Delhi court:No maintenance to qualified wife under 24 HMA
Significant Judgments on DV Act
DV cannot be applied retrospectivelyA few judgments relating to the fact that PWDVA, Domestic Violence DV Act cannot be applied for complaints which may have arisen before Domestic Violence act came into force."It is a fundamental principle of law that any penal provision has no retrospective operation ...."Hyderabad HC Judgment:DV penal provisions can not be applied retrospectivelyIn case below, HC rejected PWDVA application on grounds that the alleged cruelties happened before 1997 and DV victim anyway was staying separately since 1997. The act which came into force in 2005 cannot have retrospective application before 1997.Delhi HC Judgment: DV penal provisions not retrospectivelyDV order should be passed only after hearing husband side MP HC Judgment:DV order cannot be passed without … [Read more...] about Significant Judgments on DV Act
Books on 498A, Family Law, Legal/Court Procedures
I am giving list of books below by SIFF veterans as per their advice on SIFF group.From SIFF (Jul09):1. Thomson West Publications - Black's Law Dictionary (8th. Edition) - By BryanA Garner - Rs. 3,170/ -2. Universal Law Publishing Co Pvt Ltd. - Law of Adoption Minority Guardianshipand Custody (4th. Edition) - By Late Prof. Paras Diwan - Rs. 630/-3. Universal Law Publishing Co Pvt Ltd. - Law of Affidavits (3rd. Edition) - ByS. Parameswaran - Rs. 350/-4. Nabhi Publications - Legal Drafting for Layman - (1st. Edition) - Rs. 150/-5. Asia Law House - Law of Contempt of Court (4th. Edition) - By Justice P.S.Narayana - Rs. 450/-6. Asia Law House - Criminal Pleadings and Practice (5th. Edition) - By JusticeP.S. Narayana - Rs. 275/-7. Asia Law House - Civil Pleadings and Practice (5th. Edition) - … [Read more...] about Books on 498A, Family Law, Legal/Court Procedures
498A Information for NRIs
Before marriage Read this booklet specifically for NRI men seeking Indian women: http://www.498a.org/contents/publicity/moiaBooklet/index.htm After marriage Link: http://www.498a.org/ … [Read more...] about 498A Information for NRIs