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]
Sailing two boats – how pretenders end up making fools of themselves
There’s a saying: you can’t sail in two boats at the same time. But I see even in men rights groups (like our Facebook group) — from deciphering some of the questions and comments — that people want to sail in two boats at the same time: Boat 1/Survival-Slave: Possibility of living together (or more correctly under the same roof) with a manipulative, narcissistic, toxic female who calls herself your wife. This inspite of she abusing you/mother/father, giving suicide threats etc. This is the Survival Boat, other synonyms being Zombie, Slave, Pet-Dog-of-Wife-In-Laws Boat. Boat 2/Dignity-Self-Respect: Some unavoidable pain and uncertainty …[Continue Reading]
Comments on Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016
Following are my comments on the Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016: 24. Presumption of certain offences Where a person is prosecuted for committing or abetting or attempting to commit any offence under section 16 and 17 of this Act or offences under section 370-373 of Indian Penal Code, 1860, the Special Court shall presume that such person has committed the offence, unless the contrary is proved. If by the word prosecution it is meant about start of trial after filing of charge sheet by police, then above section of the draft bill adds to the …[Continue Reading]
Critique and comments on Draft National Policy for Women, 2016
Following are my comments on Draft National Policy for Women, 2016: 1.6 Several paradoxical trends have been observed in the past few years. The growing acknowledgement of gender rights and equality is juxtaposed against increase in reporting of various forms of violence against women such as rape, trafficking, dowry etc.; Above conclusion is given without any statistical data, to demonstrate if increase in rape, dowry etc are much higher than population growth. 1.8 The current status of women with respect to human development parameters, legal rights for women to life and freedom from violence, economic and social discrimination and their …[Continue Reading]
Presumptions in law in crimes against women and matrimonial law
Most of the criminal law is based on what society perceives as common sense standards of acceptable or non-acceptable behaviour in a given situation, where one’s actions can cause harm to others for no justifiable reason. For example, murder is a crime in all cultures and societies, because no one wants to risk getting deprived of his/her life at little or no notice; and society has agreed that taking away someone’s life has to have very good reasons for doing it. Same reasoning would apply to lesser crimes like theft — that one cannot deprive another person of property or …[Continue Reading]
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