Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 18. Final thoughts Evil of unjustified maintenance, parasitism, men's rights In India, the divorce rate in marriages is probably only 1%, so unlike other countries like US with 50% divorce rates in first marriages, we are not a divorce country. However, the problem being faced today by many men in marriages is that they will tend to get reduced to a second-class status in their own homes, if they simply oblige with the new regime of so called women empowerment, under which more and more laws to favour women are being passed. DV Act is a prime example of such a law. If a man is aware of how the DV Act can be (mis)used by women, he may just … [Read more...] about Ch 18. Final thoughts
Maint-Book
Ch 17. Other DV Act judgments
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 17. Other DV Act judgments Wife not entitled to her father-in-law residence under DV Act Wife not entitled to stay in or claim her father-in-law's house using DV Act Use this judgment when several facts in your case are similar to following\ Wife has forcibly occupied and living in a house which belongs to your father or mother, and is wholly their self-acquired property That house was never a shared household under DV Act. She has filed a DV case claiming that house to be shared household and her right to residence in that house under section 19 of DV Act. SUDHA MISHRA vs SURYA CHANDRA MISHRA - Delhi HC 2014 Important parts of … [Read more...] about Ch 17. Other DV Act judgments
Ch 16. DV Act maintenance denied judgments
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 16. DV Act maintenance denied judgments Working wife, stopped work before filing DV case Wife was making 50K p.m., resigned on her own giving lame excuses, maintenance denied to her Use this judgment when several facts in your case are similar to following\ Wife used to work earlier She stopped working and filed for maintenance under DV Act She hasn't given good reasons why she had stopped to work Note: Husband will get even more benefit from this judgment if wife's job was high paying. Courts are not very happy if women who are earning high incomes stop work and claim maintenance without good reason on why they had stopped … [Read more...] about Ch 16. DV Act maintenance denied judgments
Ch 15. DV Act, procedures to follow before maintenance order
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 15. DV Act, procedures to follow before maintenance order Interim maintenance and reliefs only after summary trial in DV case Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case Use this judgment when several facts in your case are similar to following\ If you have received summons/notice under DV Act, then file your statement/objection and use this judgment to make sure that orders for relief are passed only after your evidence is taken up by court. Then even to grant interim relief to the applicant (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, … [Read more...] about Ch 15. DV Act, procedures to follow before maintenance order
Ch 14. CrPC 125 maintenance denied judgments
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 14. CrPC 125 maintenance denied judgments Wife working, maintenance denied Desertion by wife, wife working, unable to prove husband's bad habits, maintenance denied Use this judgment when several facts in your case are similar to following\ Wife living separately without sufficient or reasonable cause Wife unable to prove her allegations about bad habits of husband, for example alcoholism, gambling, adultery etc Wife is working and has some income Wife hasn't stated how she is unable to maintain herself from the income she has Secondary importance: You can prove she is acting under influence of someone else (in this case her … [Read more...] about Ch 14. CrPC 125 maintenance denied judgments
Ch 13. Judgments about arrears of maintenance, warrant, arrest, jail etc
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 13. Judgments about arrears of maintenance, warrant, arrest, jail etc Warrant/arrest etc Arrears of maintenance Rs 69000, husband paid 50000 already, HC stays execution of warrant against husband Use this judgment when several facts in your case are similar to following\ Warning: not paying ordered maintenance purely because of emotional reasons like teaching wife a lesson etc is risky and not a recommended thing in my techniques of fighting cases. If you have been in arrears of maintenance and a warrant has been issued which may lead to your arrest Birendra Prasad vs The State of Jharkhand - Jharkhand HC 2014 Important parts of … [Read more...] about Ch 13. Judgments about arrears of maintenance, warrant, arrest, jail etc