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You are here: Home » Archives for CrPC 125

Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp

14 Jan 2015 By videv

Public Telegram group for asking Questions Use below link to join Telegram group to join the group directly and browse chat history. Join Men Rights India Q&A Group Since anyone can join above group, there is no guarantee of who is who, so people should keep that in mind.  However, all group members need to follow basic posting etiquettes, and government of India’s guidelines. Private WhatsApp group for chat and sharing with others We have started an online community in form of WhatsApp group where members can discuss and share with other members.  It’s now structured as a self-supporting community   …[Continue Reading]

Filed Under: Men Rights Tagged With: 498A, CrPC 125, Maintenance, PWDVA(DV Act)

What should be my stand in court?

23 Nov 2014 By videv 13 Comments

Hmmm… I find the question quite perplexing, when a man is facing a false 498a or DV (Domestic Violence) case or an unjustifiable demand for maintenance from wife: “what should be my stand in court?” How about: “I’m innocent!  Let the law take its course.” Apparently for 80-95% of Indian husbands, that’s too much complication.  They want to have a ‘stand’ which will achieve the following for them: If they are fearing IPC 498a, then anticipatory bail should be easy to get. (Note: after Jul 2014 SC judgment, it appears arrests have drastically come down so this concern should reduce)   …[Continue Reading]

Filed Under: Men Rights Tagged With: 498A, CrPC 125, Maintenance, PWDVA(DV Act)

What to do if maintenance amount is more than your income/salary

1 Oct 2014 By videv 8 Comments

Question: I work as a XYZ (low paying job), and my income is only __________ (a rather low amount).  But the judge has ordered an amount of Rs ___________, an amount much more than my income.  What should I do? That reminds me of a story/joke of a man who has taken a loan – he being worried that he will be unable to pay the next instalment on time.   He gets sage advice from a clergy, “if you can’t pay the money, it should be their problem more than yours, so let them worry about it!” Of course such   …[Continue Reading]

Filed Under: Men Rights Tagged With: CrPC 125, Maintenance

No additional liability on husband regarding maintenance under PWDVA

30 Aug 2010 By videv Leave a Comment

Full judgment link: http://lobis.nic.in/dhc/SND/judgement/28-08-2010/SND27082010CRLMM4912009.pdf Crl.M.C.No. 491/2009      Sanjay Bhardwaj & Ors. v. The State & Anr.   * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 9th August, 2010 Date of Order: 27th August, 2010 Crl.M.C.No. 491/2009            27.08.2010   Sanjay Bhardwaj & Ors.        … Petitioner        Through: Dr. Naipal Singh, Advocate Versus   The State & Anr.                … Respondents       Through: Mr. O.P.Saxena, APP for the State With Mr. Gajraj Singh, SI       Mr. K.C.Jain, Adv. for the Complainant/Wife JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment?  Yes. 2.   …[Continue Reading]

Filed Under: Uncategorised Tagged With: CrPC 125, HC Judgment, PWDVA(DV Act)

No proof of cruelty leads to no maintenance

1 Jul 2010 By videv 2 Comments

In this Bombay High court bench’s judgment, the principle adopted is that though strict proof of cruelty is not required in maintenance under CrPC 125, nevertheless the statements made by wife need to have some supporting evidence at least.  Read the bold sentences in the end of judgment.   IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.226 OF 2002 Sanjay Sudhakar Bhosale, Age : 35 years, Occu.Service, R/o. Mental Hospital Servant Quarters, Yeroda,Pune District Pune – 6 …Petitioner Versus Khristina w/o Sanjay Bhosale …Respondent ….. Mr.Gopal D.Kale, Advocate for the petitioner Mr.N.K.Choudhari, Advocate   …[Continue Reading]

Filed Under: Uncategorised Tagged With: CrPC 125, Cruelty, HC Judgment, Maintenance

Child support and custody is shared by both parents in Hindu Family Law

11 Mar 2010 By videv 2 Comments

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   …[Continue Reading]

Filed Under: Uncategorised Tagged With: Child Support, Child_Custody_Visitation, Commando Gyan, CrPC 125

Child support and custody is shared by both parents in Hindu Family Law

11 Mar 2010 By videv Leave a Comment

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   …[Continue Reading]

Filed Under: Uncategorised Tagged With: Child Support, Child_Custody_Visitation, Commando Gyan, CrPC 125

Factors for increase in maintenance under CrPC 125 and CrPC 127

25 Feb 2010 By videv 5 Comments

A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment.   The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: ——————————————————————————————— *Court* : HIGH COURT OF JUDICATURE AT   …[Continue Reading]

Filed Under: Uncategorized Tagged With: CrPC 125, HC Judgment, Maintenance

SC Judgment on factors deciding quantum of maintenance under CrPC 125

25 Feb 2010 By videv 7 Comments

The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125.  Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so.  In general it is payable from date of order. The full text of judgment is below.  The important portions are made bold so you can read them for a quick understanding of the main points. —————————————————————————————- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008   …[Continue Reading]

Filed Under: Uncategorized Tagged With: CrPC 125, Maintenance, SC Judgment

1 month jail for every month of maintenance default under CrPC 125

23 Jan 2010 By videv Leave a Comment

CrPC 125 has provision to send husband to jail for not paying maintenance. In a recent judgment, husband was ordered to serve jail term for 44 months since he was in default for 44 months of maintenance ordered under CrPC 125. However sending jail for each month of default probably seems a liberal interpretation, because the plan reading of the section says that a month of jail can be sentenced for each order which is not adhered to. http://timesofindia.indiatimes.com/city/mumbai/Jail-hubbies-who-fail-to-pay-maintenance/articleshow/5466802.cmsMUMBAI: Coming to the aid of neglected wives, the Bombay high court has ruled that men who fail to pay a court-ordered   …[Continue Reading]

Filed Under: Uncategorised Tagged With: CrPC 125, Maintenance

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email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


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