According to this Oct 2014 judgment of Delhi HC, it is mandatory now in Delhi for anyone filing divorce petition and claiming interim maintenance under Section 24 of Hindu Marriage Act (HMA), to submit affidavit disclosing income, expenditure, assets, liabilities. Justice J R Midha who issued this judgment was also behind the 2011 judgment which gives format of affidavit of income, assets etc. in another HMA 24 case. http://indianexpress.com/article/cities/delhi/high-court-wants-divorce-cases-disposed-of-in-6-months/ Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by … [Read more...] about Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24
Affidavit format by both parties to be produced for HMA 24 interim maintenance–Delhi HC
The Delhi courts got so sick and tired of claims and counter-claims by couples in divorce (and other Hindu Marriage Act) proceedings regarding spouse’s and own income, that one day in 2011 Delhi High court came up with below judgment where it laid down the format of the affidavit with gory details of all income, assets and liabilities, number of dependents, educational qualifications, club memberships, credit cards, vehicles and movable properties etc, to be disclosed by both husband and wife. What’s the big deal? A detailed format makes it difficult to avoid things by omission, and lying on affidavit could attract problems and in theory even perjury, even though for women who lie in courts the white knightery will try to protect them always. Further it prescribes a time limit … [Read more...] about Affidavit format by both parties to be produced for HMA 24 interim maintenance–Delhi HC
How to fight false cases of DV, maintenance, CrPC 125, 498A etc
False cases by women on men kept on increasing – they started from 498A, flourished after DV Act was passed in 2005, and unmarried women used ‘technical rape’; after 498A arrests became difficult due to SC judgment of Jul 2014, some married women quickly switched over to IPC 377 (unnatural sex) and even IPC 354 (outraging modesty of woman) on father-in-law or brother-in-law. Suicide of husbands kept increasing. 21st century is here in full force! Some people think all this was predicted by some wise guy 5500 years back, but he didn’t tell the ways on how to fight these cases which will happen in 21st century, so here we are making a humble attempt to do the same! Do you have the fight in you? Before we proceed to read further on how to fight, shouldn’t we be clear whether we have the … [Read more...] about How to fight false cases of DV, maintenance, CrPC 125, 498A etc
Dowry, Stridhan, Cruelty under 498a, marriage expenses, and more
I haven’t taken any dowry Before people say “I haven’t taken any dowry”, shouldn’t it be clear to know about the keyword dowry. Basically, dowry harassment is the phrase used when women and her in-laws want to do one or more of following: Keep husband under thumb, make him leave his parents (after marriage, of course before marriage nothing of that sort will be said), make him ghar jamai etc. So this can be teach the husband to be a pet, or teach the husband a lesson so he compromises the 498a and takes wife back promising to be loyal slave for rest of married life. The marriage was a pre-planned bomb in form of daughter-in-law which was timed to go off in husband’s house after marriage. After the bomb goes off successfully, not there will be loud noise but property and cash … [Read more...] about Dowry, Stridhan, Cruelty under 498a, marriage expenses, and more
Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
The linked judgment below of Karnataka High Court below says that if the order under PWDVA (Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case. This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that. The judgment is available only in scanned PDF format, so text cannot be extracted. Link to PDF below: Krishna Murthy Nookula vs Y Savitha - Karnataka HC Judgment (PDF) Case Number: CRL.RP 815/2009 Judge(s): JAWAD RAHIM Petitioners: KRISHNAMURTHY NOOKULA Respondents: SAVITHA Y Date of Judgment: 9-Dec-2009 Bench: … [Read more...] about Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
I think this is a very important judgment about grant of any kind of monetary relief including maintenance to wives under Protection of Women from Domestic Violence act. It says that unless the domestic violence alleged in the complaint is proven, no relief can be granted under Section 20 of the DV Act which grants monetary relief. So bye bye to those complaints where wife says “I was not given food”, “I was locked in the bathroom” and the standard template of DV allegations. Let them prove their allegations, or find a real job rather than filing cases on husbands and living life like parasites! Note that this was on disposal of the main DV petition, so even if interim monetary relief is granted, keep fighting the main petition and get your maintenance amount to zero. Important … [Read more...] about No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
