Subsequent to Law Commission of India’s invitation to public in Nov 2014 to comment on its consultation paper about custody law reform in India, it has recently released its recommendations to the Law Ministry on amending both Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890. Full PDF of report is given below (linked from Law Commission’s website): Law Commission of India Report no 257. Reforms in Guardianship and Custody Laws in India. May 2015 As per the report, there were 125 responses to Law Commission’s invitation for comments. In a country of 1.25 billion, there were only 125 responses! I am not sure if they are counting the responses sent via emails , because the number 125 seems too low. Anyway, maybe … [Read more...] about Law commission recommends amendments to HMGA, 1956 and GWA, 1890 for joint custody and shared parenting
Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
This judgment is useful to understand that for a trial to happen for a particular IPC section, the contents of FIR should prima-facie disclose a crime under that IPC section. In this particular judgment, it was held that the allegations in FIR constitute prima-facie a charge of IPC 498A, but there is no specific allegation to try the accused husband under IPC 406, so IPC 406 charge is dropped. Important part of judgment below: 10. As far as charge U/s 406 IPC is concerned after perusal of the complaint it is revealed that there is no specific allegations of entrustment of istridhan articles by the complainant to the accused, therefore prima facie offence of Criminal breach of trust U/s 406 IPC is not made out against the accused Sonu Sharma. Accordingly, accused Sonu Sharma … [Read more...] about Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
FIR against wife for alleged bid to extort money from husband by threat of false dowry 498A case
Breaking news! An FIR has been registered by suburban Kandivali police against a woman today for allegedly cheating, trying to extort money, reneging on her divorce agreement as well as threatening to file a false dowry case against her husband. Case has been registered against two of the woman's close relatives also. According to the case which was filed on April 9, the police has charged the accused persons under Section 385 (extortion), Section 420 (cheating) and Section 34 (common intention) of the Indian Penal Code. Don’t we always say that all this 498A extortion business is always a ‘team operation’. Even in above case, it’s not just the woman who is accused, two of her relatives also seem to be part of the ‘deal’ to get some enrichment from the benefits of marriage … [Read more...] about FIR against wife for alleged bid to extort money from husband by threat of false dowry 498A case
Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death
Supreme court has judged a woman cohabiting with a man for a long duration and living with him in the nature of wife is entitled to property rights after his death, like a wife would be. A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married. "It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin," the bench said. I haven’t read full judgment, but I really doubt that … [Read more...] about Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death
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 court? Will women get better justice, or real justice, or gender-sensitive justice there? What exactly will they get in Mahila court which they can’t get in ‘ordinary’ court? Anyway … [Read more...] about Delhi Mahila court denies maintenance to doctor wife from doctor husband
Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
This is a Mar 2014 judgment of Delhi sessions court which had denied maintenance to wife under DV Act, and it seems very important for any husband facing maintenance case whose wife worked at some point of time even if before marriage. One of the most common scenarios we hear from men is that “wife was working before marriage, but left job after marriage, and has now filed maintenance case on me”. Or a less common scenario: “wife was working after marriage also, but left the house, then filed maintenance case saying she doesn’t have a job”. Main thing I find is woman herself acknowledged she used to run a business before marriage. Which is why past working status is the most crucial part of evidence husband needs to collect if the woman denies that she is currently … [Read more...] about Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child