News about this Supreme Court judgment have started appearing in many newspapers with the headlines which like “forcing husband to separate from his parents” or “forcing Hindu son to separate from parents” amounts to cruelty, and so on. As it happens, news headlines may a time don’t reflect the full picture of logic inside a judgment, and sometimes news reports may even highlight a secondary part of the judgment as the main reason when in fact the judgment was based mainly on other factors. This site contains very few judgments on topic of divorce, and the reasons are explained in …[Continue Reading]
Bandra family court orders shared custody of child to both parents in interim order during divorce case
Subsequent to Law Commission’s report and recommendation on Shared parenting and Joint Custody to Law Ministry, a Mumbai family court has ordered both mother and father to jointly share custody of their six years old daughter. Shared parenting plan ordered for warring couple In a landmark order, the family court in the city has for the first time set out a shared parenting plan for a warring couple fighting for divorce on the grounds of cruelty and for custody of their child. By this order the estranged couple gets almost equal days -split six months down the year -with their …[Continue Reading]
Understanding the divorce industry in India
On Oct 26, 2014, Navodaya times (part of Punjab Kesari group) had published my interview as part of their Purush Shakti feature. The headline of the interview was titled as “All is well with the ongoing divorce industry”. As far as I know, this is the first time a media article has acknowledged the words divorce industry in an article headline, or probably even in body of the story. Now question may be asked that what is this animal called divorce industry, and whether it is justifiable to call something unfortunate as divorce as part of any industry? Is divorce …[Continue Reading]
Why Indian men should be very careful in filing divorce
To understand some of the terminology and context used in this post, reading some of the important posts is a must. Now this post will cover the majority of cases of calls and issues received by men’s rights activists (MRAs) all over India. Almost 80-90% of callers have been into very short marriages, anywhere from 1 year to 3 years where the time wife was in same home as husband maybe anywhere from few weeks, few months, or maximum maybe 1.5 years or so. So even if the marriage happened 3 years back, the time wife stayed with husband maybe …[Continue Reading]
Advice to men on 498a, maintenance, DV, divorce, child custody, what else
A picture is worth a 1000 words, so we start our advice to men post with above picture. Studying above picture for 5 minutes will give you as much benefit as reading the whole of Sun Tzu’s The Art of War, because you have most probably come here as a ‘victim of biased laws’, ‘harassed husband’, etc. etc. , and you are not a military general anyway; though one of these days one of them may also land up here! I deliberately edited out the woman’s butt so you don’t spend the 5 minutes looking there Update history This is …[Continue Reading]
498a and maintenance: lose your illusions
I have been perplexed at the frequent arrival at this site by women (it can’t be men) after googling about IPC 498a and maintenance, yes, both those keywords together. One of these past days, I found so many of these searched keywords that I just had to save the screenshot that day which is given below. Above screenshot shows various google searched keywords by women who land up on my perennially popular post advising women on 498a, DV cases, maintenance, divorce etc. In above pic, have marked with numbers the various searched keywords about 498a, maintenance, DV, and their combos. …[Continue Reading]
Irretrievable break down – OR how to get Smriti Shinde her divorce
Here is the earlier news when Supreme Court thought it fit to issue notices to Union Law and Justice Ministry in Smriti Shinde’s divorce case. People are not fools to notice that when men have approached Supreme Court for divorce, they have been given sermons like “obey your wife” by Justice Katju, and recently by another SC judge that “a man should not expect freedom in marriage”. But when a minister’s daughter wants divorce, all stops must be pulled in name of constitution and what else! The latest news is that the cabinet has approved introduction of an amendment which …[Continue Reading]
Another ‘glorious’ statement by another SC judge
People haven’t forgotten the advice given last year by Justice Katju of Supreme Court to husbands “Do what the wife tells you and never question her authority.” . Now another ‘sage’ advice comes the way of Indian husbands from another SC judge Deepak Verma. However, one would expect more logic from an SC judge who says “restrictions on independence are like dividends”… it is difficult to fathom how is restriction on independence is a dividend in itself. It is more a tax than dividend. Since the judge has talked in financial terms to explain marriage, let us try to understand …[Continue Reading]
Divorce made easier, or rather possible – but watch out!
This recent news about making “irretrievable breakdown of marriage” a ground for divorce has led to many people talking about how beneficial it will be for the separated couples who cannot get divorce under Hindu Marriage Act as it currently exists. The only problem is the definition of irretrievable breakdown of marriage. Most likely, it will not be granted for less than 5 years of separation. Then again, it will be need to be proved to the satisfaction of the court. Given the time taken by Indian courts, who is to say how many more years it might take once …[Continue Reading]
And who could have thought of this?
I don’t know how the newspaper terms this as a significant judgment in a divorce case, since the HC judgment is specific to the particular case as given in news below. The important part I think is that though HC judgment was completely against the allegations, there are no costs at all (leave exemplary) ordered, or any strictures passed for bringing frivolous and vexatious cases to courts. http://www.dnaindia.com/mumbai/report_father-disallowing-children-to-watch-tv-is-not-cruelty-bombay-hc_1393090 Mumbai: In a significant judgment in a divorce case, the Bombay high court has held that decision of a father disallowing children from watching television programmes continuously and forcing them to go …[Continue Reading]
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