A recent news about a woman who has approached court for maintenance from first husband 3 years after divorce, WHILE she is now married to second husband!http://www.samaylive.com/news/woman-approaches-court-for-maintenance-3-years-after-divorce/661309.htmlThe news is really shocking as given below: The court, after hearing both the parties, pulled up Kirti for creating unnecessary trouble for Mayank, who is now well settled with his second wife and sent the case to mediation centre and asked them to solve the matter expeditiously. The court also asked Mayank to pay Rs.2,000 per month each to her and their son till the final outcome of the case.Comments: As per Indian laws and Hindu marriage Act 1956, the woman is not entitled to maintenance from first husband now that she has remarried. … [Read more...] about Indian women can have 2 husbands – 1 to slave on, 1 to pay maintenance
Restore Civil Rights to Domestic Violence Laws!
Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence? Have we become irrational in our approach to women's empowerment and women's rights? Are fundamental Constitutional rights being set aside? Are we now supporting violation of human rights of innocent men, women and children? Guilty until Proven Innocent? Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.” But... Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial. Mandatory Arrest? Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty … [Read more...] about Restore Civil Rights to Domestic Violence Laws!
Judiciary and Police – Dumb and Dumber?
Found this useful/interesting/provoking judgment/order of Chennai HC. There are several important points mentioned below regarding arrests, investigation by police, judicial remand etc. Read the original judgment/order in italics interspersed with my comments below as noted by an Indian Citizen:IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2008 CORAM THE HON'BLE MR. JUSTICE R.REGUPATHI M.P. No.1 of 2008 in Crl.O.P. No.10896 of 2008 ORDER Pursuant to the direction of this Court dated 07.07.2008 to file compliance report, the Director General of Police in consultation with the Government, has issued the following Circular Memorandum:- " Circular Memorandum Sub- Filing of cases registered under Dowry Death / Suicide in All Women P.S. - Instructions issued. ***** The Honorable High … [Read more...] about Judiciary and Police – Dumb and Dumber?
Allegations by wife only after proved false can be deemed cruelty for divorce
From this recent Punjab and Haryana HC judgment, the court is of opinion that mere filing of criminal case by woman does not amount to cruelty for purpose of granting divorce to husband. Basically it is only after prosecution is in progress and evidences given to disprove allegations that cruelty can be established.http://indiankanoon.org/doc/439871/ Learned counsel for the appellant also contended that theregistration of FIR Ex.P.6 under sections 406/498-A/323/506 IPC itself amountsto cruelty because false allegations have been levelled in the complaint. Thisplea again deserves to be noticed to be rejected as the criminal case is stillpending and it is yet to be determined whether the allegations are correct orfalse. Filing of complaint by a wife to redress her … [Read more...] about Allegations by wife only after proved false can be deemed cruelty for divorce
RTI Learning — Tutorials, Guides, Templates
A simple 9 step tutorial to RTI. Dummies and even experts can start with this simple tutorial before reading bare act.http://www.sakshitrust.org/Learn_RTI/Online_Tutorial/Another step by step user guide.http://www.humanrightsinitiative.org/programs/ai/rti/india/user_guide/user_guide.htmThis guide gives information and actual cases of how RTI has been used by people. Very useful to find practical uses of RTI.http://www.prajanet.org/partners/nrti/files/RTI%20booklet.pdfA well written and formatted guide which is all in one. It has information on RTI, practical usage of RTI, templates, CIC decisions and bare act also.http://www.nyayabhoomi.org/rti/RTI_Handbook.pdfDoes a template for your problem already exist? Check here templates for many … [Read more...] about RTI Learning — Tutorials, Guides, Templates
HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’
Here is another news of rejection of maintnenace demanded by wife the woman had a monthly salary of Rs 19,000, while husband had monthly pay of Rs 62,000. According to my reading of news it was maintenance demanded under HMA Section 24 during divorce proceedings. The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband.Earning women can’t get alimony for ‘unjust enrichment’: courtExcerpted from news story:Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial assistance to the indigent spouse, certainly not for enjoyment of an opulent lifestyle.Taking into account the social changes where women are no longer dependent on their … [Read more...] about HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’