Most of the criminal law is based on what society perceives as common sense standards of acceptable or non-acceptable behaviour in a given situation, where one’s actions can cause harm to others for no justifiable reason. For example, murder is a crime in all cultures and societies, because no one wants to risk getting deprived of his/her life at little or no notice; and society has agreed that taking away someone’s life has to have very good reasons for doing it. Same reasoning would apply to lesser crimes like theft -- that one cannot deprive another person of property or money by theft/cunning/deceit etc. Even a thief after having committed a theft and not being discovered, wants the protection of law so that his/her (see, we are gender neutral ) ‘goods’ cannot be … [Read more...] about Presumptions in law in crimes against women and matrimonial law
Law
Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ money, and last but not the least of the accused party or defendants, depending on whether it’s a criminal or civil case. There are multiple sections in Indian Penal Code (IPC) to punish false statements, … [Read more...] about Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
Mumbai High Court grants divorce to husband – Wife’s demand for separate house without cause amounts to cruelty
Now if only such judgments could be applied like a thumb rule, almost 60-70% of men calling MRAs for help will be able to get divorce! Update Jul 17, 2015: A reader has sent the text of full judgment which is given later Wife's demand for separate house without cause amounts to cruelty: Bombay High Court Wife's demand for a separate residence amounts to cruelty when there's no justifiable cause for seeking the same, said the Bombay high court while granting a divorce to a man whose wife deserted him within three months of marriage. A division bench of justices VA Naik and AM Badar of the Nagpur bench of the HC observed: "It is necessary to note that the wife has, without any justifiable cause, left the company of the husband for more than 7-8 years and the husband was entitled to a … [Read more...] about Mumbai High Court grants divorce to husband – Wife’s demand for separate house without cause amounts to cruelty
Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
This judgment is useful to understand that for a trial to happen for a particular IPC section, the contents of FIR should prima-facie disclose a crime under that IPC section. In this particular judgment, it was held that the allegations in FIR constitute prima-facie a charge of IPC 498A, but there is no specific allegation to try the accused husband under IPC 406, so IPC 406 charge is dropped. Important part of judgment below: 10. As far as charge U/s 406 IPC is concerned after perusal of the complaint it is revealed that there is no specific allegations of entrustment of istridhan articles by the complainant to the accused, therefore prima facie offence of Criminal breach of trust U/s 406 IPC is not made out against the accused Sonu Sharma. Accordingly, accused Sonu Sharma … [Read more...] about Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
SC says no to routine transfer petitions in favour of wives
Transfer petition is a convenient way for feminist/matriarchal wives (read: all entitlements, no accountability wives) to harass husbands by filing a legal case in their parents’ hometown or any place where they reside but which is far off from husbands’ residence. This is one thing which many men forget when they file a divorce case on wife in their own city, and later on realize that after the transfer granted by Supreme Court, now they have to travel to wife’s city to fight the divorce case they had filed! This judgment creates a first precedent against blind acceding to wives’ requests to transfer the cases in their cities. http://timesofindia.indiatimes.com/india/Why-should-husbands-suffer-all-the-time-asks-SC/articleshow/45816616.cms "Estranged wives seeking transfer of … [Read more...] about SC says no to routine transfer petitions in favour of wives
Jaipur court allows prosecution for false document
It is commonly seen that Indian courts do not ‘encourage’ filing of cases of perjury (lying under oath), false allegation, false evidence etc, even though there are provisions in Indian Penal Code IPC and criminal procedure code CrPC for all these. Recent news shows that a Jaipur court has allowed prosecution for giving a forged and false document as evidence. It is a good start. http://www.rajasthanpatrika.com/city-news/jaipur/06022010/jaipur--news/78030.html जयपुर। मुख्य न्यायिक मजिस्ट्रेट जयपुर शहर ने किरायेदारी के फर्जी दस्तावेज तैयार करने के मामले में पिता-पुत्री समेत तीन लोगों के खिलाफ प्राथमिकी दर्ज करने का आदेश दिया है। अदालत ने परिवाद को विधायकपुरी थाने भिजवा दिया है। अदालत ने पृथ्वीराज नगर, महारानी फार्म निवासी परिवादी त्रिलोक माथुर के परिवाद पर यह आदेश दिए। परिवाद में … [Read more...] about Jaipur court allows prosecution for false document