Jai Ho! What can we say when there is a clear Supreme court judgment that only SC can waive off 6 months waiting period on conversion of divorce petition into mutual consent divorce under Sec 13 B of HMA 1955. And a recent Punjab and Haryana High court judgment has upheld the SC judgment’s precedent in another similar case. Anyway, let the couple live happily divorced now, we don’t have anything against them :-) Full judgment below with important points made bold: --------------------------------------------------------------------------- http://www.indiankanoon.org/doc/1785177/ Civil Revision No. 7432 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7432 of 2009(O&M) … [Read more...] about Punjab HC allows waiver of 6 months in converted 13-B divorce!
i-VAWA, US toxic waste being dumped overseas now!
From link below: http://wemen.us/articles/views/700-ivawa--a-ticking-social-bomb.html The U.S. Govt. is planning to table a bill in its Senate and the Lower House named the iVAWA which stands for "International Violence against Women Act". Not to be surprised at all, it will be completely anti-male and in the name of Women Empowerment, Male Entrapment would be passed off as a social service. The U.S. Govt. is planning to release $ 1 billion, which works out to Rs. 4500 Crore for creating awareness about iVAWA and Indian feminists would easily get $ 200 million which works out to Rs. 900 crores for implementing iVAWA. Such an amount of money is sufficiently enough to ruin Indian men's lives. Apart from being gender biased, the iVAWA is actually "A Ticking Social Bomb" which will be … [Read more...] about i-VAWA, US toxic waste being dumped overseas now!
Kerala HC reduces period of separate living under Divorce Act to 1 year
This news is not applicable to Hindu marriage act or other personal laws, but to people covered under Divorce Act, which is applicable to Christian marriages etc. Read the portions in bold for the rationale and main points of decision. ------------------------------------------------------------------------------------------------------- http://www.hindu.com/2010/02/26/stories/2010022657710100.htm Special Correspondent High Court ruling applicable to Christian couples Court brings down the period from two years to one year In conformity with the provisions of other divorce laws Kochi: A Division Bench of the Kerala High Court, on Thursday, brought down from two years to one the minimum period of separate living, as contemplated under Section 10(A) of the Divorce Act, before … [Read more...] about Kerala HC reduces period of separate living under Divorce Act to 1 year
CrPC 340 procedure cannot be bypassed by trial court
This Punjab and Haryana High court judgment says that if an application under CrPC 340 is moved (for filing false affidavit in this case), then the court must undertake the procedure for CrPC 340 in disposing that application. It was not correct on part of trial court to refer cursorily to the mentioned fact of false affidavit in judgment, and thus dismissing the CrPC 340 application by being silent on the issue. So the takeaway for people facing false 498a and maintenance cases is to go for perjury application under CrPC 340 if you have good evidence like false affidavit, wrongly mentioned fact about not-working, wrong salary mentioned etc. -------------------------------------------------------------------------------- http://www.indiankanoon.org/doc/1512317/ CRA No. 197 SB of … [Read more...] about CrPC 340 procedure cannot be bypassed by trial court
Factors for increase in maintenance under CrPC 125 and CrPC 127
A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125