A recent judgment by Mumbai HC should be a cautionary tale to those who take the issue of maintenance lightly, and believe that they can get an upper hand by simply not paying and then will see what happens. Note: this case is about permanent alimony to wife (not interim under DV Act, CrPC 125, or pendente lite under section 24 of Hindu Marriage Act). But the lessons may be applicable to other maintenance related litigations too. Lack of job no grounds to avoid paying alimony: Bombay HC A man, though jobless, must pay maintenance to his wife as ordered …[Continue Reading]
Delhi Mahila court denies maintenance to doctor wife from doctor husband
Found this news full judgment of Nov 2014 about a maintenance judgment in a Mahila court in Delhi where maintenance was denied to a woman doctor earning 21,200 p.m. I was aware of something called Mahila thana (women’s police station) which are supposed to make women feel comfortable to file complaint in front of women policepersons. But don’t know what exactly is this phenomenon called Mahila court and the logic behind it, since delivery of justice and courts are something where everyone irrespective of gender, caste, religion will be received equally without prejudice! So what is the logic behind Mahila …[Continue Reading]
Gujarat HC allows examining account books of wife’s employer in maintenance case
Short summary: To prove his wife is working and not entitled to maintenance, a Gujarat man gives video evidence of wife working in a firm, the firm owner refuses to identify that woman, court denies man’s request to get account books of firm to confirm salary being paid to wife, and HC overturns trial court order to allow producing the account books. Man does sting on wife to establish her income To prove his wife’s employment, Rajesh called the firm’s owner as a witness, who said that Meena was not working in his firm. Rajesh produced a video recording in …[Continue Reading]
Live-in relation doesn’t give immunity from rape charge: says Delhi HC
In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape. Can’t keep live-in relations outside purview of rape: Delhi HC “As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do,” a bench of chief justice G Rohini and justice Rajiv …[Continue Reading]
How to handle jewellery bills shown by wife in 406, 498A, stridhan
As per the Dowry Prohibition (DP) Act, a list of gifts given to either bride or bridegroom by either side has to be maintained in a list of articles. So there are supposed to be 2 lists really. That’s the theory, but for all practical purposes no one at time of marriage is trying to follow the DP Act to it’s letter, so this law is followed mostly in breach and it’s a useless law for all practical purposes. Here are the various possibilities about the jewellery bills shown by wife/in-laws to CAW, court etc: 1. The bills are real, …[Continue Reading]
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. …[Continue Reading]
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 …[Continue Reading]
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, …[Continue Reading]
Why Indian men should be very careful in filing divorce
To better understand some of the terminology and context used in this post, reading some of the important posts is recommended. Now this post will cover the majority of cases of calls and issues received by men’s rights activists (MRAs) all over India. Almost 80-90% of callers have been into very short marriages, anywhere from 1 year to 3 years where the time wife was in same home as husband maybe anywhere from few weeks, few months, or maximum maybe 1.5 years or so. So even if the marriage happened 3 years back, the time wife stayed with husband maybe …[Continue Reading]
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 …[Continue Reading]
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