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]
Template/Format for newspaper apology by wife for filing false complaint or cases
Friends, many a husbands have gone through the un-envious situation of having to deal with a wife who has dragged them to CAW cell/mahila thana, to police, or filed cases like DV/CrPC 125; and if that was not enough, later she proclaims that she wants to come back, or even files an RCR (restitution of conjugal rights) petition on husband in family court. I have already outlined in this post in some detail on how to handle such now-I-hate-you-now-I-want-you type of wife. But I have realized that the “thanks but no thanks” approach is not working out for many husbands, …[Continue Reading]
Women Safety: If someone is threatening a person via calls and messages , what charges can be pressed against him/her (in India)?
My reply to this question on Quora was flagged as not being a direct reply to question asked: —————– Your answer doesn’t answer the questionThis answer should directly respond to the specific question asked. —————– The reason I didn’t give a supposedly direct answer was that I was asked by someone to answer this question, and another person before me had given plenty of direct information in his reply, so I decided to give a reply which will be more educative than making a person depend on asking a different question for every small doubt – avoiding the the spoon …[Continue Reading]
Is the term Feminazi overrated?
Recently, I received notice from Quora about one of my answers on their site: We recently found some of your content (Vivek Deveshwar’s answer to Is the term Feminazi overrated?) that violates Quora’s Be Nice, Be Respectful policy (See What is Quora’s “Be Nice, Be Respectful” policy?). Not only that, Quora has requested me to update one of my other answers so that it answers the question more directly. Quora Moderation has flagged your answer to “Women Safety: If someone is threatening a person via calls and messages , what charges can be pressed against him/her (in India)?” as not …[Continue Reading]
Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment
This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan. The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m. While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m. Somehow the facts of the case don’t add up for me. There must be more to it than the numbers mentioned in the …[Continue Reading]
How to draft a child custody (GWC) petition
This is a rough and quick post on a template for child custody, since many fathers are asking for templates on the same. I am giving some general looking points, and one has to replace them with those applicable to own situation. A child custody petition is filed under Guardians and Wards Act, and in courts these cases carry the acronym GWC. So if you tell your advocate that you want to file GWC petition, he/she would understand that you mean child custody. The sole or paramount consideration in child custody decisions is welfare of child, so first drive out …[Continue Reading]
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