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) As we have discussed briefly, the Statement of Objects and Reasons at beginning of DV Act mentions about protecting women/wives from violence in homes, allowing them to file complaints against both male partner/husband and his relatives, mentions right to residence for women, and mentions about protection officers and NGOs as service providers. It doesn't mention about maintenance at all. So why do people who receive a summons in a DV case are asked to pay maintenance to wife, and amounts asked are like 1 lakh per month when husband's salary may not be more than 40,000 per month? Because all those clauses about maintenance are part of the actual … [Read more...] about Ch 5-1. How is a DV case different from CrPC 125?
Maint-Book
Ch 4-2. What happens if husband doesn’t pay maintenance?
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) I would in general advise anyone against the strategy of not paying maintenance and waiting to see what happens. It may be fine only in case to case basis where for some reason the court passed an order of maintenance much higher than one's income. But keeping this option as main strategy is not advisable since as per law, the maintenance amount will keep on accumulating, and one day that amount in arrears will have to be paid lumpsum. Also, many men feel righteous about the fact that wife has left with no reason at all and the allegations are false. So they think that they will not pay the ordered maintenance in interim order, and will appeal … [Read more...] about Ch 4-2. What happens if husband doesn’t pay maintenance?
Ch 4-1. Understanding basics of CrPC 125 and implications
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) Laws are created in a certain milieu and 95% of the time, they will not be any different from common sense view of individuals, and norms of society. But 5% of the time, they may seem to be against common sense view or what seems reasonable to people. We will now look at where CrPC 125 stands in terms of common sense/norm of society versus any unreasonable points in it. To dissect the CrPC 125, I will produce excerpt of important words and lines from the Bare Act of CrPC 125 and give my comments after that. That approach can be used by anyone to analyse the intent of any legal provision, and it's implications. I will also note down the open … [Read more...] about Ch 4-1. Understanding basics of CrPC 125 and implications
Ch 4. Understanding sections of CrPC 125 and implications
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) Why do we need to read bare acts Reading the bare act of any law is a highly productive thing, and sadly, it is skipped altogether by many even after many years into their legal cases. If people took some time to read the bare acts, we will not be hearing questions of the kind: My wife has filed DV case on me and parents. Will we get arrested? Can my wife make a claim on my father's house? My lawyer says that I cannot avoid paying maintenance. Is it true? Is parents' assets and property also used to decide on amount of maintenance? Now the good news is that CrPC 125 is not a very long section. If you can stay with me and read the … [Read more...] about Ch 4. Understanding sections of CrPC 125 and implications
Ch 3. What is maintenance and why it came into being
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) What is maintenance to wife, and its history As part of men's rights work, we almost daily keep hearing such statements and questions from freshly victimized men: I won't give a single penny to her. How much maintenance can be awarded? What will happen if I don't pay maintenance? Sometimes the reactions are confusing and all over the place. Being emotional and acting righteous will not help win the maintenance 'game'. Yes, it does seem highly unfair that not only we have to deal with a woman's false allegations but we have to pay money to her while dealing with false allegations! In western countries it is better for men in some ways … [Read more...] about Ch 3. What is maintenance and why it came into being
Ch 3-1. Factors used in US for deciding on maintenance
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) In India, the law and practice of maintenance has become something like that we have to award something to wife simply because she has applied for it under one of maintenance laws! This has become prevalent especially after introduction of the Domestic Violence Act (PWDVA), because that is a convenient way to include allegations of domestic violence, whereas the usual CrPC 125 was meant to help wives living separately from husband (but not without good reason), and was especially enacted to take care of abandoned wives and children. Unlike India, where the law related to family/divorce are same throughout, in US the marriage and divorce laws vary … [Read more...] about Ch 3-1. Factors used in US for deciding on maintenance