Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) In India, the law and practice of maintenance has become something like that we have to award something to wife simply because she has applied for it under one of maintenance laws! This has become prevalent especially after introduction of the Domestic Violence Act (PWDVA), because that is a convenient way to include allegations of domestic violence, whereas the usual CrPC 125 was meant to help wives living separately from husband (but not without good reason), and was especially enacted to take care of abandoned wives and children. Unlike India, where the law related to family/divorce are same throughout, in US the marriage and divorce laws vary … [Read more...] about Ch 3-1. Factors used in US for deciding on maintenance
Ch 3-2. Indian situation about rules and factors for deciding maintenance
Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) In India, unfortunately for husbands, there are no clear-cut rules like maintenance allowed only after 10 years of married life, and so on. This results in an unfortunate situation for Indian husbands that if a marital dispute runs in court for many years, the husband has to bear the cost of wife's maintenance during all this period. Given the slow pace of Indian judiciary in both civil and criminal cases, as of now it is almost a guarantee that a marital dispute in court will continue to run for many years, maybe 5 years at the lower end of range and 7-10 or even more at the upper end of range. However, Indian courts also apply certain factors … [Read more...] about Ch 3-2. Indian situation about rules and factors for deciding maintenance
Ch 2-1. IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important
Usually in North India, the cases do not start from an FIR under 498A or 406 directly. But it goes to CAW (Crime against women) cell first. There the husband is called for counselling where it is 'counselled' to him that unless he takes his wife back, his life could become hell, and he and his parents may have to face criminal cases under 498A, 406 etc. Fake list of stridhan/dowry articles is another problem he has to deal with. In the South, thankfully CAW cells do not exist. However in Karnataka, Vanita Sahayvani is a kind of women's helpline, where sometimes husbands get called to if a wife files a complaint there first. The kind of counselling provided to husbands there is very similar to what goes in CAW cell - but without the torture about 406/stridhan/articles list etc. So it is a … [Read more...] about Ch 2-1. IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important
Ch 2-3. Suggested approach in this book
I suggest the following overall approach to handle cases filed by wife. This has been seen to be effective and many men were able to get mutual consent divorce with zero financial settlement to wife. Usually many of such people also faced IPC 498A and arrest possibilities in the beginning, which might have something to do with their resolve to fight cases right from the start. But we don't have the luxury of waiting for criminal cases to be filed before we take a firm stand against criminal behaviour of wife/in-laws in filing false cases. Take a stand that you will fight the false allegations vigorously and will not be misled into accepting any guilt during CAW cell, counselling, mediation kind of proceedings. Fight interim maintenance case wholeheartedly, and at that time keep any … [Read more...] about Ch 2-3. Suggested approach in this book
Ch 2-2. Golden rule – Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it
The dangers of high interim maintenance Wife continues to get interim maintenance every month, so she is least bothered about finishing up cases quickly whether she has initiated maintenance cases or you have initiated a divorce. Only in cases where wife has a boyfriend she may be in a hurry to get a divorce decree. But that is not true for every case, and even then they usually will not come to zero settlement mutual consent divorce quickly unless husband gives sold evidence to discredit them. Generally speaking, such women will never lose the opportunity to earn good alimony from first husband even if a boyfriend is waiting in line. Also, in many cases it is found that the boyfriend is himself not a respectable kind of person and he is playing along probably to have comfortable life … [Read more...] about Ch 2-2. Golden rule – Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it
Ch 2. Why fighting maintenance cases well is the best strategy
Usual sequence of events in a typical case which comes to MRAs It's very common to see people who approach MRAs (Men's Rights Activists) getting slapped with multiple cases, either within few months, or one by one in a slow-torture procedure followed by wife/in-laws. Most common sequence of events is as follows: Note: you may also want to read the advice to men mega-post about more details of scenarios and phases summarized below. Phase 1: Acclimatize the husband to what's coming next - Domination! Wife creates trouble or quarrels start within few days or weeks of marriage. Husband doesn't know it yet that wife comes from a feminist/matriarchal family where mother is the dominant person in the household (even if not so in public). Wife creates many incidents where she complains either … [Read more...] about Ch 2. Why fighting maintenance cases well is the best strategy