A reader has sent a compilation of links to bare acts available in PDF format on government websites. One may use them as needed. Knowing and reading bare acts is very important since many a time it is seen that people keep discussing endlessly on a topic without having even bothered to read the relevant IPC or section of bare act. Bare act means the basic text of law as published in government gazettes without any further commentary, analysis, citations. Details below: ———————————————————— Men are ignorant of laws, hence fooled/ harrassed by police, advocates, court staff. Knowledge of laws …[Continue Reading]
Prenuptial discussion reports in Ministry of WCD – more women empowerment, nothing to safeguard or protect men
Men suffering from false cases related to matrimony have been sharing hope on social media that if pre-nuptial agreements were made legal and valid in India, then it will help men in future, or expressing a narrower implied interest – protect themselves in second marriage. Some have understood the point that even in West where there is more of a regime and cultural acceptance of adhering to letter of law and to contractual obligations, pre-nuptial agreements are easily thrown out in family courts, when they are deemed to be unfair – to women of course. A news was reported few …[Continue Reading]
SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to …[Continue Reading]
25% (or 50%) of husband’s salary is justifiable maintenance, if you believe it
A recent judgment by Supreme Court has caused a minor earthquake in manosphere, since the same SC judgment was reported by a major newspaper with the headline that SC has set 25% of husband’s (net) salary as a benchmark amount of maintenance/alimony to wife. http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms It’s not just the youthful and “our opinion” papers like TOI, but even business papers have started reporting similar ‘benchmark’ type news, basically they are just doing copy-paste reporting from the first news written with a catchy headline: http://www.livemint.com/Politics/MGxqoOu55sw6VN7Jppo8EL/SC-sets-25-of-exhusbands-net-salary-as-benchmark-for-alim.html Immediately, those husbands who are having pending matrimonial litigation started re-calculating what damage this judgment can do …[Continue Reading]
Basic Cross-examination techniques in matrimonial cases like DV, CrPC 125, Divorce, 498A, 406 etc
Cross examination is probably the most important stage where false cases filed by wives can get demolished – and at the end of it what looked like kevlar plated armour of a wife’s case looks worse than torn underwear. The gynocentric and women-protecting System will always try not to let the cases reach this stage and which is the reason the so called counselling by CAW/mahila thana etc, mediations in DV or in family courts are preferred routes to nip the possibility of any fight being put up by husband in the bud. He is given the carrot of mutual …[Continue Reading]
Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Many a time there is doubt raised by people about value of having an audio recording which goes on the lines of: “My lawyer says that audio recording….<add here something to effect of not good, not useful, not admissible etc etc.>” That audio recordings are not admissible or good evidence are just lazy excuses or convenient myths which are spread to steer husbands towards the C-word (read other posts on this site to know the meaning of C-word). And what’s surprising is this: sometimes the same people would be fearful that wife or in-laws may have recorded something of their …[Continue Reading]
Jharkhand HC removes absconding proclamation under CrPC 82
A reader has sent this judgment in reference to another Jharkhand HC judgment dealing with arrest and proclamation under section 82 of CrPC. CrPC 82 can become a problem for those who want anticipatory bail or some kind of arrest protection, and pending that go underground or into hiding from police etc. In that case, police may ask the court and court has power to declare that person as absconding from justice. First para of Section 82 of CrPC is below: CrPC Section. 82 Proclamation for person absconding Description If Any Court has reason to believe (whether after taking evidence …[Continue Reading]
Women Safety: If someone is threatening a person via calls and messages , what charges can be pressed against him/her (in India)?
My reply to this question on Quora was flagged as not being a direct reply to question asked: —————– Your answer doesn’t answer the questionThis answer should directly respond to the specific question asked. —————– The reason I didn’t give a supposedly direct answer was that I was asked by someone to answer this question, and another person before me had given plenty of direct information in his reply, so I decided to give a reply which will be more educative than making a person depend on asking a different question for every small doubt – avoiding the the spoon …[Continue Reading]
Is the term Feminazi overrated?
Recently, I received notice from Quora about one of my answers on their site: We recently found some of your content (Vivek Deveshwar’s answer to Is the term Feminazi overrated?) that violates Quora’s Be Nice, Be Respectful policy (See What is Quora’s “Be Nice, Be Respectful” policy?). Not only that, Quora has requested me to update one of my other answers so that it answers the question more directly. Quora Moderation has flagged your answer to “Women Safety: If someone is threatening a person via calls and messages , what charges can be pressed against him/her (in India)?” as not …[Continue Reading]
I want divorce from wife, please help me!!!
A recent email received from the Contact form from this website reads as follows: Hi Need support as looking for divorce after 9 yrs marriage. Regards<name deleted> Another email was received last month with subject mentioning “Need help regarding Divorce, DV, and XYZ” Hello there, I filed divorce case in Mth 20xx, since that time I have been fighting. I am paying Rs xy- per month to my wife as a maintenance. I don’t think that I will get divorce for next of couple of years too. I am of 3X now. What to do?Secondly, Since 20xx, I have been …[Continue Reading]
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