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]
Indian laws for protection of women
Information taken from link here: http://saveindianfamily.org/articles/blogs/434-gender-arsenal.html 1. Section 498A of the Indian Penal Code (IPC): This section is formulated for married women who face physical and mental harassment from husband and in-laws and the cruelty is made for any unreasonable ‘demand’ (mostly dowry) from the woman and the cruelty is of such nature that it drives the woman to commit suicide or can be a danger to the life and limb of the woman. 2. Section 354 of the IPC: Assault or criminal force to woman with intent to outrage her modesty. 3. Section 509 of the IPC: Word, gesture …[Continue Reading]
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