Imagine you are in Roman era. Slavery exists and cruelty flourishes in abundance. People don’t watch reality shows on TV for entertainment. They watch real humans with flesh and blood fighting as gladiators for their lives in the arena. In some sense, being at receiving end of 498A, DV, divorce case, child custody (GWA) case, maintenance under CrPC 124 or HMA 24, 25 etc are enough to make you into a gladiator; and the opponent party, police, laywers, courts, mediators, general public as the watching crowds in Roman arena. Maybe one of your family or friends have managed entry into …[Continue Reading]
Strategy for Child Custody for Men
The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update March 15, 2016: this post was written many years back and many points are still relevant, like courts do not usually disturb de-facto custody of child. So if child is with you, then it is very important to retain physical custody of child till you get legal guardian status. As of 2016, based on changing views of law making bureaucrats and some of judiciary about best interests of the children of …[Continue Reading]
Countercase – using DP3 : Dowry Prevention Act
Dowry giving is also a crime under dowry prevention act. This strategy builds on the maxim that offence is the best defence. If the woman party accuses us of taking dowry, case can be filed against them for giving dowry which is a crime. From judgment at link: http://iitbiimb498a.wordpress.com/vague-allegations-not-acceptable/ In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short ? the Act?) against the parents of the complainant as well, …[Continue Reading]
Database of ‘good’ and bad lawyers
How to find a ‘good’ lawyer
We said earlier that why one should not try to find an ‘honest’ lawyer. Here we discuss how to find a ‘good’ lawyer. If it sounds contradictory, just hold your breath and read on. The point to be seen is that a good lawyer for somone may not be good for you, and vice versa. The point here is not general expertise but how a lawyer is able to handle your case. It is the same for any other professional like doctor too. Once you are comfortable with someone’s approach and have an understanding then stick with them. And fair …[Continue Reading]
Why one should not look for that one honest lawyer?
I am not against honest lawyers or trying to say that lawyers can not be honest. But here is my reasoning: 1. The legal system in India and most countries works by way of competitive lawyers taking sides of their clients. The lawyers and legal system is not after truth or justice, because in competitive arguments full truth can never be known. Both parties’ lawyers will be trying to maximize benefits to their clients, or so we hope. 2. The clients themselves may not share complete or truthful information with their lawyers. Many clients may want to take whatever advantage …[Continue Reading]
Basic do’s and don’ts for 498A etc
Basic safety and precautions Keep documents out of reach of your wife/other party. Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc. …[Continue Reading]
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