This Punjab and Haryana High court judgment says that if an application under CrPC 340 is moved (for filing false affidavit in this case), then the court must undertake the procedure for CrPC 340 in disposing that application. It was not correct on part of trial court to refer cursorily to the mentioned fact of false affidavit in judgment, and thus dismissing the CrPC 340 application by being silent on the issue. So the takeaway for people facing false 498a and maintenance cases is to go for perjury application under CrPC 340 if you have good evidence like false affidavit, wrongly mentioned fact about not-working, wrong salary mentioned etc. -------------------------------------------------------------------------------- http://www.indiankanoon.org/doc/1512317/ CRA No. 197 SB of … [Read more...] about CrPC 340 procedure cannot be bypassed by trial court
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Factors for increase in maintenance under CrPC 125 and CrPC 127
A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125
Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person with Ld. Counsel Shri Anujai Tiwari. Ld. Protection Officer Ms. Kiran also present. 2. By this order, I have to decide an application of applicant Sonia w/o Shri Vinod and D/o Shri … [Read more...] about Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Strategy for Child Custody for Men
The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update 27/07/2019: The core principle in child custody cases is Welfare of Child and any statutory laws are to be overridden with this principle, though how this principle is applied or interpreted in a particular case can vary and there are no standard guidelines or tests for the same as of now. Read this book to get a basic idea of child custody cases and decisions: Read this FREE eBook written by fathers involved in child custody issues(PDF book) Update March 15, 2016: this post was written many years back and many points are still relevant, like courts do not usually disturb … [Read more...] about Strategy for Child Custody for Men
Wife denied maintenance under CrPC 125 since she had income earlier
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of "clean hands" with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source of income but in present there is no such source available to her and stated the reasons for decline in her income. But the petnr has failed to impress upon the Court as to the … [Read more...] about Wife denied maintenance under CrPC 125 since she had income earlier