Although most of the time I see that the people joining men’s forums are not getting arrested upon 498A FIR, there are a few who have been arrested. I think they are aware of the SC judgment against arbitrary arrest in 498A, but haven’t taken any action against police/magistrate after that. The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about it. After the above judgment has come into force, based on my assessment from calls received, the number of arrests under 498A seem to have come down by 70-80% at least. We cannot be sure of the exact statistics … [Read more...] about How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
How-to
How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
When married men are facing a persistent martial issue, at some point they decide that it is time to take advice from a lawyer. Note: If you don’t already have a legal case but are fearing one soon, read this post to find out your probability of getting a false case filed on you. Many people are under the impression that an advocate is a professional just like a doctor, and they trust that they will get the same good advice as they get from a doctor. Nothing could be more endangering to your future than believing in this doctor-lawyer stuff. But people have actually told me this even after NOT getting good service from their advocate. There are many more men who are searching for good, honest, professional lawyer to handle their cases since they are dissatisfied with their existing … [Read more...] about How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
What to do if CAW cell/police/advocate is putting pressure to compromise
Gentlemen and friends, here we attempt to discuss the dreaded C-word called Compromise. It is a favourite word used by advocates, CAW cell, and judges too when we face false allegations of domestic violence, dowry harassment aka IPC 498a, IPC 406 aka keeping wife’s gifts/stridhan etc. etc. Also read the Innocent until proven guilty is the law if you haven’t already since that sets the context for this post. I have written another post about compromise during 498a cases, you can read that too. Regarding police/CAW putting pressure to compromise: The sad reality is many people who face these issues ACTUALLY do compromise in terms of ‘settling’ the case by paying money and getting the coveted so called ‘mutual divorce’ and buying peace. As long as that keeps happening, … [Read more...] about What to do if CAW cell/police/advocate is putting pressure to compromise
How to get Provident Fund (PF) details of wife
As told by a SIFF member in Bangalore meeting on 16 Aug 09 and renarrated by me as per my understanding. You may have to modify the steps etc in case you know about filing RTI but broadly this is the picture. The concerned person has got details successfully through Chennai EPFO for wife working in Salem company. The credit for the information is his.Now the post:-------------------------------------------------------------------------Several times women in matrimonial disputes file for maintenance under CrPC 125, Sec 24 of HMA etc. In both these acts, the amount or decision about maintenance has to be taken after taking into consideration wife's earnings/income and qualifications (in 24 HMA).Now in case wife does not disclose her salary etc, it may still be possible to get information on … [Read more...] about How to get Provident Fund (PF) details of wife
Tax Evasion Petition and RTI follow up
In case the woman's party claims to have given huge amount in dowry, and if they don't have income to support such amount of dowry, then you can file Tax Evasion Petition (TEP) followed by RTI on TEP to Income tax dept against FIL and dowry givers. Basic idea is to find out how they were able to give so much dowry if they do not have income. In case it comes out from RTI that they did not have so much income then their case will weaken considerably. If they still insist that they gave that much dowry, then they will have to explain to IT dept whey they did not disclose that income in those and previous years. IT rules are clear that if someone hides income to avoid income tax, they have to pay back income taxes along with interest for all the years and also penalty for evasion of income … [Read more...] about Tax Evasion Petition and RTI follow up