Really good joke sent by someone… those who file RTI applications will get the moral of the story. Jack and Max are walking from religious service. Jack wonders whether it would be all right to smoke while praying. Max replies, "Why don't you ask the Priest?" So Jack goes up to the Priest and asks, "Father, may I smoke while I pray ?" The Priest replies, "No, my son, you may not! That's utter disrespect to our religion." Jack goes back to his friend and tells him what the good Priest told him. Max says, "I'm not surprised. You asked the wrong question. Let me try." And so Max goes up to the Priest and asks, "Father, may I pray while I smoke ?" To which the Priest eagerly replies, "By all means, my son. By all means. You can always pray whenever you want to." … [Read more...] about How to frame questions in RTI application!
To a common doubt of husbands if both family court/civil and 498a/criminal cases filed by wife can go on together, this Delhi HC judgment clarifies as a yes. The below Delhi HC judgment says that there is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds. It refers to several other judgments including Supreme Court’s and basically the matter has to be decided on case by case basis. The main idea of having criminal case finish faster is to let justice be done before the witnesses forget about the crime. The argument to grant protection under Article 20(3) of constitution against self-incrimination also cannot be granted blindly but only on case by case basis. Article 20(3) is given below: (3) No person accused of any offence … [Read more...] about Civil and Criminal cases can go on together and independently
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). Child custody is decided based on principle of paramount welfare of the child. Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent. If the parents decide to have shared custody of child the courts cannot by law overrule such an arrangement. So it results that in most court cases the primary custody of child goes to mothers, and child support being paid by fathers. But the law especially Hindu Family … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers. But the law especially Hindu Family law is gender-neutral in both aspects. It is only on case by case basis that a decision can be made about both custody and child support. The bare acts say that Custody and maintenance of children are to be shared by both parents as per HMA and HAMA. CrPC 125 is the only one solely laying responsibility of maintenance child on man. (Because it does not apply to woman) . About maintenance … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of California in August 2008. A confounding situation arose when the Californian court passed an interim order, granting … [Read more...] about Foreign courts’ jurisdiction cannot be denied in family cases
This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact.--------------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACTCM(M) No.367/2007RESERVED ON : 02-04-2007DATE OF DECISION: 17-04-2007Alok Kumar Jain ....... Petitionerthrough: Mr.Sandeep Sethi, Sr. Adv. withMr.Anshu Mahajan, Adv.VERSUSPurnima Jain ........ Respondentthrough: Mr.Harish Malhotra, Sr. Adv. withMr.Tanuj Khurana, … [Read more...] about Principles and procedures in deciding maintenance under HMA 24