The standard thing that needs to be done when husbands get summons from court in maintenance/DV case is to file objections. Ok, some people may say that the judge will send the case to mediation first, but the useless drama that goes by mediation is the subject of another post later. So here I provide very simple way how to write the objections for each statement in wife’s petition. It is always advised to write your own and send it to advocate for taking print and filing in court. Because even though wives are allowed to tell lies and rampant contradictions, higher standards may get applied to statements made by respondent husbands. The standard way is like this: Wife's petition says: In the XYZ court between Maharani … [Read more...] about How to file objections/written statement to wife’s DV/CrPC 125/divorce etc petition
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How much of a fighter are you against false cases?
Take this quiz now and find your fighter score. See how the score improves over months as you continue within network of men’s rights activists. Quiz: Assess your fighter quotient Read each statement, and add the score given after it if it’s true for you. Women were oppressed for centuries, but 2 wrongs don’t make a right. -2 It’s a man’s world. –2 Laws are in favour of women, so there is nothing we men can do about it. But I want divorce from my wife. -5 My wife had filed 498A before, but we compromised and she came back. Now she is again threatening me and my family. –5 My wife has filed complaint in CAW cell, how can I write some conditions so that when she comes back, I can safeguard myself from future complaints. –2 (Context: wife has filed divorce among other cases.) Let her … [Read more...] about How much of a fighter are you against false cases?
How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
This is a perennial question asked by men facing marital issues and one of these maintenance cases: CrPC 125 Sec 24 of Hindu Marriage Act (HMA 24) Maintenance asked in petition filed under DV Act (the maintenance proceedings run under CrPC 125) It seems no amount of replies as to how it will be calculated is enough. Maybe when the mind gets into an obsessive mode thinking about something, it asks the same thing again and again no matter how many answers anyone else can provide, be they laymen or experts it doesn’t matter much! So instead of attempting to give an answer it, I have decided to post some useful judgments where maintenance was decided seemingly in an objective manner based on data presented in front of judges by both husband and wife. So this should be simple homework on … [Read more...] about How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
How to handle false cases from wife who has a boyfriend
In case you face threats or actual legal cases like DV, CrPC 125, 498A, 406 from your wife who also has a boyfriend, the situation can be turned to an advantage, of course only if one is able to get over the shock of the whole fraud which has been perpetrated, and assess things from thereon. The context of this post refers to those marriages where the wife starts to show erratic behaviour etc right in beginning of married life (read Advice to men post for details). Many such women come from feminist/matriarchal families, and if not outright feminist family, then having been raised in an environment of independence and pampering probably. End result is same: their attitude towards men and relationship is nothing normal. What kind of evidence and clues she might have left? Such a … [Read more...] about How to handle false cases from wife who has a boyfriend
Chennai HC explains the ‘secrets’ of how family courts (don’t) work in India
http://timesofindia.indiatimes.com/india/Be-creative-end-alimony-delays-Madras-high-court/articleshow/39971242.cms Passing orders on a petition filed by Anita, who said her husband Mahaveer Sancheti had defaulted on payment of monthly alimony of 10,000 since 2011, Justice S Vimala said in an order on Tuesday that courts should not do three things while handling such cases. One: They could not remain a mute spectators, merely recording the fact that maintenance amount had not been given. Two: They could not ask the wife to file a new execution petition, as it would give the husband some more opportunity to drag proceedings. Three: They should not grant innumerable adjournments, so that the wife is unable to realise the maintenance amount. Fact 1: Family courts in India are places where … [Read more...] about Chennai HC explains the ‘secrets’ of how family courts (don’t) work in India
Notes and questions on court procedures
Question: Usually how the court cases take place ? Like how much time is allocated , do we get chance to talk in court ? Whats the normal court procedure ? I heard the judge dont even look at the person and ask two questions and give other hearing date Yup. Broadly correct. Bench clerk will call the case in open court, judge will take the case file from bench clerk, look at case file, then at advocates of both parties, then into the case file, and at bench clerk from time to time. In the meantime, one or both advocates will say something to judge about the case, and before you realize what was said, the next date may be given and pronounced by bench clerk. Myth and Reality of courts and court procedures Each court is different, but some broad points will remain the same across … [Read more...] about Notes and questions on court procedures