This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused …[Continue Reading]
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: …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
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