In case the woman’s party claims to have given huge amount in dowry, and if they don’t have income to support such amount of dowry, then you can file Tax Evasion Petition (TEP) followed by RTI on TEP to Income tax dept against FIL and dowry givers. Basic idea is to find out how they were able to give so much dowry if they do not have income. In case it comes out from RTI that they did not have so much income then their case will weaken considerably. If they still insist that they gave that much dowry, then …[Continue Reading]
Templates of various RTI applications
Various good templates are available here: e.g.RTI Template for Complaint agaisnt FIL if he is a Govt. ServantRTI Template for obtaining assets of FIL if he is a Govt. ServantRTI Template for obtaining information from private companiesRTI Template for track record of FILRTI Template for retirement analysis of FIL http://bok498a.blogspot.com/ Information on RTI for Hyderabad police: http://www.hyderabadpolice.gov.in/Main/RTI.htm Template documents for tax evasion petition, RTI etc are available at:http://fightagainst498a.blogspot.com/ Template to get info if someone in opponent party has evaded property tax. With this you can at least force them to pay up the property tax with interest for the previous …[Continue Reading]
Misc RTI usage
General RTI tactics
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]
Significant Judgments on DV Act
DV cannot be applied retrospectively A few judgments relating to the fact that PWDVA, Domestic Violence DV Act cannot be applied for complaints which may have arisen before Domestic Violence act came into force. “It is a fundamental principle of law that any penal provision has no retrospective operation ….”Hyderabad HC Judgment:DV penal provisions can not be applied retrospectively In case below, HC rejected PWDVA application on grounds that the alleged cruelties happened before 1997 and DV victim anyway was staying separately since 1997. The act which came into force in 2005 cannot have retrospective application before 1997. Delhi HC …[Continue Reading]
Books on 498A, Family Law, Legal/Court Procedures
I am giving list of books below by SIFF veterans as per their advice on SIFF group. From SIFF (Jul09): 1. Thomson West Publications – Black’s Law Dictionary (8th. Edition) – By BryanA Garner – Rs. 3,170/ – 2. Universal Law Publishing Co Pvt Ltd. – Law of Adoption Minority Guardianshipand Custody (4th. Edition) – By Late Prof. Paras Diwan – Rs. 630/- 3. Universal Law Publishing Co Pvt Ltd. – Law of Affidavits (3rd. Edition) – ByS. Parameswaran – Rs. 350/- 4. Nabhi Publications – Legal Drafting for Layman – (1st. Edition) – Rs. 150/- 5. Asia Law House …[Continue Reading]
498A Information for NRIs
Basic info on IPC 498A
498A : aka Dowry/Cruelty etc If you don’t know much about 498A, read the FAQ below:498A FAQ 498A Explained Why supreme court calls 498a as “Legal Terrorism”? 498A survival guide Read the very detailed and excellent downloadable survival guide in PDF format is available here:http://ipc498a.files.wordpress.com/2008/04/a-guide-to-surviving-ipc-498a-apr-2008ci.pdf Take a printout of above guide and go through it over time. It is 40 pages long so take a double sided printout if possible. In case 498A is not filed yet, let your parents, siblings read the relevant information from it. That may help them prepare for the eventual 498A. It may help you …[Continue Reading]
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