http://www.dnaindia.com/mumbai/report_judges-root-for-joint-custody-of-child_1362244 “In family laws, we are almost 30 to 40 years behind. The world has gone far ahead,” said justice AP Shah. Justice Shah explained that the norm in Indian courts — to give the custody to one parent (mostly the mother) with the other parent getting visitation rights — is outdated. Justice Dalvi explained that joint custody indicates shared physical custody of the child, or a legal custody in which the child is in close contact with both parents. The parents also make joint decisions for the child. “The sole custody precedent works against the best interests of the child. Besides, selection of one parent increases litigation. The laws need to be amended, enabling the court to award joint custody … [Read more...] about Judges root for joint custody but laws are already in place!
Divorce granted by foreign courts is valid in India
Important points are made bold in Supreme Court judgment below. The high court did not even look at the basic facts of divorce certificate’s date and alleged second marriage date. No wonder there are more than 3 crore pending cases in Indian courts, when a high court does not seem to notice what a clerk can notice casually. Tue Nov 17, 2009 3:08 am (PST) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2122 OF 2009 (Arising out of SLP(Crl.) No. 5910/2006) Pashaura Singh ...Appellant Versus State of Punjab & Anr. ...Respondents JUDGEMENT R.M. Lodha, J. Leave granted. 2. In this appeal by special leave, the appellant has challenged the order dated May 24, 2006 passed by the High Court of Punjab and Haryana. By the said order, the … [Read more...] about Divorce granted by foreign courts is valid in India
Woman earns but that can’t be considered income: says Mumbai High Court
You decide! I have made the relevant points in bold below: PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.5338 of 2009 Anup Avinash Varadpande .. .. Petitioner v/s. Anusha Anup Varadpande .. .. Respondent Mr.U.P. Warunjikar for Petitioner. Mr.S.S. Punde for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January, 2010 ORAL ORDER : 1.Heard both sides. 2.Rule. Rule is made returnable forthwith. 3.Upon a matrimonial dispute for interim maintenance prosecuted in the Family Court, the Petitioner-husband has impugned the order of the Principal Judge, Family Court, Pune, dated 31st March 2009, Exhibit-H to the Petition. The order for maintenance is granted upon the Application for interim maintenance made … [Read more...] about Woman earns but that can’t be considered income: says Mumbai High Court
Old couple blame misuse of dowry law for losing house
Oh really… with 0.66% conviction rate in Bangalore for IPC 498a, and not much different in rest of India, you may as well wonder that laws are meant only to be misused. Indira Jaising, one of the people behind PWDVA, Protection from women from domestic violence Act, had said in a report that 498a was meant to create fear of arrest in families, and domestic violence act was meant to create fear of loss of property in families. The feminists have their brains crystal clear about it, but the common public hopes to get justice instead of sorting out things themselves. http://timesofindia.indiatimes.com/city/lucknow/Old-couple-lose-house-blame-misuse-of-dowry-Act/articleshow/5823810.cms Incidentally, the supreme court has also ruled that a wife has access to the 'household' that she has … [Read more...] about Old couple blame misuse of dowry law for losing house
Husband gets divorce based on false IPC 498a complaint
This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints. Update 27 Nov 2014: Read latest SC judgment/news about false 498a as ground for divorce to husband (however proving false case is main issue) http://timesofindia.indiatimes.com/city/mumbai/Filing-false-case-against-in-laws-is-cruelty-HC/articleshow/5823233.cms MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and … [Read more...] about Husband gets divorce based on false IPC 498a complaint
DV Rules – Email version 3
From, Date: < Real Name > < Real Address (Indian / Non Indian > To , Shri Mahesh Tiwari, ([email protected]) Joint Director, Rajya Sabha Secretariat, Room No. 528 A, Parliament House Annexe, New Delhi-110001 Honourable Shri Mahesh Tiwari, Sub :- Comments and Suggestions on DV Rules 2006 The undersigned would like to use the opportunity to provide comments and suggestions on the protection from Domestic Violence Rules 2006 [called “Rule” from hereinafter] framed to implement the Protection of Women from Domestic Violence Act, 2005, as has been invited by the Committee on Subordinate legislation in the Rajya Sabha. The Domestic Violence Act 2005 and Domestic Violence Rules 2006 are imbalanced, harsh and one-sided, with a massive scope of misuse of the Act by unscrupulous … [Read more...] about DV Rules – Email version 3