This judgment from Supreme Court in October 2016 changed PWDVA (Protection of Women from Domestic Violence Act), 2005 in a fundamental way. Until this SC judgment, the DV Act allowed for complaint to be filed only against an adult male of the household, and whether other females could also be included as respondents along with adult male(s) was interpreted differently in different judgments, because the basic definition of word respondent included only adult males under Section 2(q) of the act. Basically the DV Act was created on behest of feminist lobby by roping in the beta males and virtue signalling …[Continue Reading]
25% (or 50%) of husband’s salary is justifiable maintenance, if you believe it
A recent judgment by Supreme Court has caused a minor earthquake in manosphere, since the same SC judgment was reported by a major newspaper with the headline that SC has set 25% of husband’s (net) salary as a benchmark amount of maintenance/alimony to wife. http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms It’s not just the youthful and “our opinion” papers like TOI, but even business papers have started reporting similar ‘benchmark’ type news, basically they are just doing copy-paste reporting from the first news written with a catchy headline: http://www.livemint.com/Politics/MGxqoOu55sw6VN7Jppo8EL/SC-sets-25-of-exhusbands-net-salary-as-benchmark-for-alim.html Immediately, those husbands who are having pending matrimonial litigation started re-calculating what damage this judgment can do …[Continue Reading]
Law and Justice under feminism made crystal clear after Cafe Coffee Day (CCD) cockroach fiasco
Recently a video has become viral which is about Cafe Coffee Day woman employee slapping a male customer named Arpan after he is shown making video of the generously crawling cockroaches inside the refrigerated display cabinet where snacks are kept. The 18 seconds long video can be seen on YouTube below: Time sequence of events at Jaipur Cafe Coffee Day (CCD) It seems the actual incident happened 2 weeks back on March 13th and Cafe Coffee Day didn’t respond to Arpan’s legal notice sent on March 21st, but the whole thing started to unfold as a drama after the …[Continue Reading]
Basic Cross-examination techniques in matrimonial cases like DV, CrPC 125, Divorce, 498A, 406 etc
Cross examination is probably the most important stage where false cases filed by wives can get demolished – and at the end of it what looked like kevlar plated armour of a wife’s case looks worse than torn underwear. The gynocentric and women-protecting System will always try not to let the cases reach this stage and which is the reason the so called counselling by CAW/mahila thana etc, mediations in DV or in family courts are preferred routes to nip the possibility of any fight being put up by husband in the bud. He is given the carrot of mutual …[Continue Reading]
Wife’s attempt to separate husband’s parents, suicide attempt, unfounded allegation of extra-marital affair considered mental cruelty on husband for divorce – Supreme court judgment
News about this Supreme Court judgment have started appearing in many newspapers with the headlines which like “forcing husband to separate from his parents” or “forcing Hindu son to separate from parents” amounts to cruelty, and so on. As it happens, news headlines may a time don’t reflect the full picture of logic inside a judgment, and sometimes news reports may even highlight a secondary part of the judgment as the main reason when in fact the judgment was based mainly on other factors. This site contains very few judgments on topic of divorce, and the reasons are explained in …[Continue Reading]
Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Many a time there is doubt raised by people about value of having an audio recording which goes on the lines of: “My lawyer says that audio recording….<add here something to effect of not good, not useful, not admissible etc etc.>” That audio recordings are not admissible or good evidence are just lazy excuses or convenient myths which are spread to steer husbands towards the C-word (read other posts on this site to know the meaning of C-word). And what’s surprising is this: sometimes the same people would be fearful that wife or in-laws may have recorded something of their …[Continue Reading]
Is there any law which supports men?
Recently someone sent email via our NGO website and upon my reply to his email giving some basic advice and further suggestion to join our groups, he replied back asking with a profound question, which triggered the need for writing this article. His full email had only one sentence: “ok thank u but is there no law which supports men can police help”. As an aside, I am unable to understand why do some people (though it has come down a lot) reply to my email asking a further question ignoring the standard large sized red coloured matter at the …[Continue Reading]
Jharkhand HC removes absconding proclamation under CrPC 82
A reader has sent this judgment in reference to another Jharkhand HC judgment dealing with arrest and proclamation under section 82 of CrPC. CrPC 82 can become a problem for those who want anticipatory bail or some kind of arrest protection, and pending that go underground or into hiding from police etc. In that case, police may ask the court and court has power to declare that person as absconding from justice. First para of Section 82 of CrPC is below: CrPC Section. 82 Proclamation for person absconding Description If Any Court has reason to believe (whether after taking evidence …[Continue Reading]
Reform Advocates Act for benefit of common public and litigants
Law Commission has recently asked for opinions from stakeholders on reforms required in the Advocates Act, 1961, the last date of which is 31st Aug 2016. So interested people can read the analysis and suggestions below, and send whatever suggestions they agree with to lci-dla@nic.in https://www.facebook.com/Law-Commission-of-India-1661261260775559/?fref=nf Hon’ble the Supreme Court of India , in criminal appeal No.63 of 2006, Mahipal Singh Rana v. State of U.P., has asked the Law Commission of India “to go into all relevant aspects relating to regulation of legal profession in consultation with all concerned” at an early date. In view of this, the Law …[Continue Reading]
PIL format for implementing shared parenting, joint custody (to be filed in state HC)
Here is format of a PIL (must be modified with individual’s own case details), which can be filed in high court of any state which has not recommended yet the guidelines for shared parenting in child custody cases. Details on which high courts have already approved the shared parenting guidelines are given in this post. Download Draft PIL on Shared Parenting, child custody guidelines (Word doc format) Full text of above PIL is also given below: BEFORE THE HON’BLE HIGH COURT OF “respective state name” AT “name of the high court location” W.P.(C). No. of 2016 Name of the Petitioner : …[Continue Reading]
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