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
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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
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with "unclean hands" in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not … [Read more...] about Judgment Delhi court:No maintenance to qualified wife under 24 HMA