Update 14/09/2018: The Rajesh Sharma judgment covered here has been reviewed by Supreme Court, and this article covers the salient points of judgment along with its full text. Update 13/10/2017: The judgment is now up for a revisit by SC (so soon!), and the reason for review is: "We can’t write law. We can only interpret the law.” SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read Petition] The women's NGO (comprising of women advocates) which wanted a review of the judgment gave reasoning and statistics about how rural women benefit from IPC 498A and how the 'evil' well-educated women misuse the law, but surprisingly in the end they mainly prayed only for addition of women members to FWC. It seems like the gender of who gets to be the committee … [Read more...] about SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc
File RTIs to police for false cases’ prosecution under IPC 182
According to this recent news, Jaipur police had found over 4206 false/fake cases within one year alone in 2015-16. http://timesofindia.indiatimes.com/city/jaipur/4206-fake-cases-filed-in-city-last-year/articleshow/56673897.cms JAIPUR: The Jaipur police have found that 4,206 fake caseswere reported in Jaipur between 2015-16. In most cases, a false complaint was filed with an aim to extort money or defame a person to settle personal scores. According to a senior police officer, these fake cases included allegations of harassment for dowry, molestation, cheating, and rape. These startling figures surfaces when Prafull Kumar, additional commissioner police (First) asked all DCP offices to provide details about cases where final report (FR) was found to be false. What is false case from point … [Read more...] about File RTIs to police for false cases’ prosecution under IPC 182
How to complain against judges of trial courts, High Courts, and Supreme Court?
This post is about how to complain against any judge be it trial courts, high courts, or supreme court in India. Right now it is being written with information collected from various places and based on personal experiences of people, and over time will have authoritative information. This post however does not cover about bad or unbecoming conduct of a judge outside of a court or trial scenario. Complain against judge cannot solely be because of a ‘bad’ judgment or order which has gone against you. Remember that in every interim order/final judgment one of the two opposing parties may not like the order. But that by itself doesn't become of a case of complaint against judge, because judge may have followed the law and appreciated the evidence and no bias or misconduct may be proven … [Read more...] about How to complain against judges of trial courts, High Courts, and Supreme Court?
Does Karnataka HC judgment allows for DV complaints on wives by husbands?
The Protection of Women from Domestic Violence Act, 2005, or PWDVA, 2005 or DV Act in short, is very clear on one point. It is only for protection of women (practically speaking only wives use it) in a household. The name of the act itself makes it very clear. Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website. Then this High Court of Karnataka judgment (text below) comes along, which seems to redefine the whole DV Act itself, by suggesting that a complaint filed by husband on wives and in-laws should be considered. And it refers to this Supreme Court judgment (Harsora vs Harsora) which changed definition of DV Act to allow for respondent to be both male or female. Following is the excerpt from Karnataka HC judgment which … [Read more...] about Does Karnataka HC judgment allows for DV complaints on wives by husbands?
Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
This judgment from Supreme Court in October 2016 changed PWDVA (Protection of Women from Domestic Violence Act), 2005 in a fundamental way. Until this SC judgment, the DV Act allowed for complaint to be filed only against an adult male of the household, and whether other females could also be included as respondents along with adult male(s) was interpreted differently in different judgments, because the basic definition of word respondent included only adult males under Section 2(q) of the act. Basically the DV Act was created on behest of feminist lobby by roping in the beta males and virtue signalling crowd and easily shamed aspiring middle classes as useful idiots; and it was practically made only for wives to file complaints on their husbands and ask for various reliefs like … [Read more...] about Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
25% (or 50%) of husband’s salary is justifiable maintenance, if you believe it
A recent judgment by Supreme Court has caused a minor earthquake in manosphere, since the same SC judgment was reported by a major newspaper with the headline that SC has set 25% of husband’s (net) salary as a benchmark amount of maintenance/alimony to wife. http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms It's not just the youthful and "our opinion" papers like TOI, but even business papers have started reporting similar 'benchmark' type news, basically they are just doing copy-paste reporting from the first news written with a catchy headline: http://www.livemint.com/Politics/MGxqoOu55sw6VN7Jppo8EL/SC-sets-25-of-exhusbands-net-salary-as-benchmark-for-alim.html Immediately, those husbands who … [Read more...] about 25% (or 50%) of husband’s salary is justifiable maintenance, if you believe it