Lot of the time people who are facing false cases — be it IPC 498A, false domestic violence allegations under DV Act, — tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints. All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with …[Continue Reading]
Various HC approve Child Access & Custody Guidelines along with Parenting Plan
An NGO Child Rights Foundation based in Mumbai has been working for shared parenting and reasonable access of children to fathers/both parents; and high courts of Mumbai, Madhya Pradesh, and Himachal Pradesh have included these guidelines as either recommendations or as a guidance document, to be followed by judges of lower courts including sessions, district, family court judges, marriage counsellors in matters of deciding upon child custody and visitation orders. Click this to download a PDF of the custody and parenting plan guidelines document A probably first of its kind May 2015 judgment of Bandra, Mumbai Family court which gave …[Continue Reading]
Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ …[Continue Reading]
Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that …[Continue Reading]
Video: Prenuptial agreements in India – Who benefits?
Following are the news and data referred to in the above video. The referred news on proposal by Women and Child Development (WCD) ministry to introduce prenuptial contracts in Indian marriages: http://articles.economictimes.indiatimes.com/2015-09-18/news/66677506_1_couples-agreements-pacts Sec 23, 26 of Indian Contract Act referred from here: http://www.vakilno1.com/bareacts/indiancontractact/indiancontractact.html#23_What_consideration_and_objects_are_lawful_and_what_not Woman who cheated yet got pre-nuptial thrown out in her favour: http://menrightsindia.net/wp-content/uploads/2014/04/woman-adultery-asking-can-I-increase-my-alimony.jpg When a pre-marital contract may become invalid: http://family.findlaw.com/marriage/top-10-reasons-a-premarital-agreement-may-be-invalid.html
Video: Women’s Reservation Bill – A Necessity? Or just going with the trend?
The data, and reports referred to in the video are from below sources: https://standupforacause.wordpress.com/2013/10/02/women-in-work-force/ http://www.prsindia.org/uploads/media/scr%20Women%20Reservation%20Bill%202009.pdf http://timesofindia.indiatimes.com/india/Life-expectancy-in-India-goes-up-by-5-years-in-a-decade/articleshow/29513964.cms
Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband
Basically, I see this judgment in line with another recent one where interim maintenance was denied to a wife qualified as beautician. I think the main thing in both judgments that the child of couple was staying with father, so the usual sympathy for mother as well as need for child support being paid to mother did not arise. Though such situations where child is left with father are somewhat rare, the main point to understand is there is no such rule that “you will have to pay some maintenance to wife” – a convenient quote often made by lawyers. …[Continue Reading]
Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
This May 2015 judgment of Mumbai Bandra family court is the first in India which in an interim child custody/visitation order, has asked both mother (petitioner) and father (respondent) to make a parenting plan, and has created a shared parenting plan based on those submitted by both of them. It has also explicitly refers to benefits and necessity of Shared Parenting in child custody matters, and to December 2014 recommendations of Law Commission on shared parenting. Following are the main points of the judgment: 1. It has divided the interim custody of daughter for 6 months of the year each …[Continue Reading]
FREE Live Webinar/Online Meetings for WhatsApp and Facebook members
We have recently started online meetings/webinar where questions from our members are taken in real-time and answered live. These are being conducted on Anymeeting platform: http://anymeeting.com/. All you need is a computer and internet connection to join these meetings. Having a working audio mic is even better since it allows you to speak one to one (when your question is taken up). We conducted 2nd online discussion yesterday night, and both meetings have been successful. People can put their questions in the chat box (see bottom left of above sample screenshot), and presenters (as of now I) will answer the …[Continue Reading]
Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
Thanks to a reader, we have this judgment of Patna High Court on topic of arrest and anticipatory bail. Even though the Supreme Court’s Arnesh Kumar vs State of Bihar & Anr. judgment has been in operation since July 2014, which clearly says that departmental action can be initiated against magistrates if they routinely grant accused to be placed in custody for offences with punishment less than 7 years; it seems that judgment has had no effect in state of Bihar so far. Because in this case, the Patna HC has acknowledged the “very disturbing state of practice prevailing in …[Continue Reading]
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