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, unfortunately for husbands, there are no clear-cut rules like maintenance allowed only after 10 years of married life, and so on. This results in an unfortunate situation for Indian husbands that if a marital dispute runs in court for many years, the husband has to bear the cost of wife's maintenance during all this period. Given the slow pace of Indian judiciary in both civil and criminal cases, as of now it is almost a guarantee that a marital dispute in court will continue to run for many years, maybe 5 years at the lower end of range and 7-10 or even more at the upper end of range. However, Indian courts also apply certain factors … [Read more...] about Ch 3-2. Indian situation about rules and factors for deciding maintenance
Maint-Book
Ch 2-1. IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important
Usually in North India, the cases do not start from an FIR under 498A or 406 directly. But it goes to CAW (Crime against women) cell first. There the husband is called for counselling where it is 'counselled' to him that unless he takes his wife back, his life could become hell, and he and his parents may have to face criminal cases under 498A, 406 etc. Fake list of stridhan/dowry articles is another problem he has to deal with. In the South, thankfully CAW cells do not exist. However in Karnataka, Vanita Sahayvani is a kind of women's helpline, where sometimes husbands get called to if a wife files a complaint there first. The kind of counselling provided to husbands there is very similar to what goes in CAW cell - but without the torture about 406/stridhan/articles list etc. So it is a … [Read more...] about Ch 2-1. IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important
Ch 1. Introduction – Purpose, Intended Audience
Legal disclaimer In plain English, I state that I am not a lawyer, and this book is written for purpose of education, entertainment, and maybe myriad other reasons the readers may want to use this book for. But the contents and advice given in the book should not be taken as professional or legal advice, and I will not be held responsible for any consequences whether good or bad arising out of reader following the material in this book. Purpose and perspective of this book The book is an attempt to convey a working understanding of maintenance laws to men who are facing such cases from wives. Not knowing the law is not an excuse for avoiding liability under it, so one might as well spend some time and effort to educate oneself about the maintenance laws. There would be ample number of … [Read more...] about Ch 1. Introduction – Purpose, Intended Audience
Ch 1-1. Topics not covered, Glossary, Writing Style, Contact
What this book will not cover The book will not cover maintenance under other acts like Section 24 of Hindu Marriage Act, 1955 (HMA 24) or even rarer Hindu Adoptions and Maintenance Act (HAMA) because: Most of the men on whom their wife had filed cases first - report them to be under CrPC 125 or DV Act (Protection of Women from Domestic Violence Act). The percentage will be close to 90-95%. A few men file divorce cases on wives not realizing that she can also claim interim maintenance under HMA 24. Also, very commonly the wife may file a 498A case in retaliation, and a DV case too to claim maintenance. So in the end many men who file divorce end up dealing with maintenance case under DV Act or CrPC 125 anyway. HMA 24 becomes active when either party to marriage files a case like … [Read more...] about Ch 1-1. Topics not covered, Glossary, Writing Style, Contact
Ch 2. Why fighting maintenance cases well is the best strategy
Usual sequence of events in a typical case which comes to MRAs It's very common to see people who approach MRAs (Men's Rights Activists) getting slapped with multiple cases, either within few months, or one by one in a slow-torture procedure followed by wife/in-laws. Most common sequence of events is as follows: Note: you may also want to read the advice to men mega-post about more details of scenarios and phases summarized below. Phase 1: Acclimatize the husband to what's coming next - Domination! Wife creates trouble or quarrels start within few days or weeks of marriage. Husband doesn't know it yet that wife comes from a feminist/matriarchal family where mother is the dominant person in the household (even if not so in public). Wife creates many incidents where she complains either … [Read more...] about Ch 2. Why fighting maintenance cases well is the best strategy
Ch 2-2. Golden rule – Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it
The dangers of high interim maintenance Wife continues to get interim maintenance every month, so she is least bothered about finishing up cases quickly whether she has initiated maintenance cases or you have initiated a divorce. Only in cases where wife has a boyfriend she may be in a hurry to get a divorce decree. But that is not true for every case, and even then they usually will not come to zero settlement mutual consent divorce quickly unless husband gives sold evidence to discredit them. Generally speaking, such women will never lose the opportunity to earn good alimony from first husband even if a boyfriend is waiting in line. Also, in many cases it is found that the boyfriend is himself not a respectable kind of person and he is playing along probably to have comfortable life … [Read more...] about Ch 2-2. Golden rule – Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it