Allegation in false cases by wives that “my husband is impotent” is not a new weapon, but it seems to be getting very common these days. So I thought to write a post solely on this topic. Typically this allegation will be made in a petition filed under DV Act (domestic violence) by wife. But it is very much possible that such an allegation may be made under CrPC 125 or even IPC 498A. Because usually when the 498A/DV women start to think what to file in complaint, they are ‘ably’ assisted by ‘learned’ lawyers (read any online lawyers forum) who ‘advise’ them to file complaint under so and so section, and so on. If you are the respondent husband or accused with such allegation made against you, the whole strategy has to be completely changed from here on. Medical definition of … [Read more...] about How to handle allegation of impotence by wife
Fight Back
How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
This is a perennial question asked by men facing marital issues and one of these maintenance cases: CrPC 125 Sec 24 of Hindu Marriage Act (HMA 24) Maintenance asked in petition filed under DV Act (the maintenance proceedings run under CrPC 125) It seems no amount of replies as to how it will be calculated is enough. Maybe when the mind gets into an obsessive mode thinking about something, it asks the same thing again and again no matter how many answers anyone else can provide, be they laymen or experts it doesn’t matter much! So instead of attempting to give an answer it, I have decided to post some useful judgments where maintenance was decided seemingly in an objective manner based on data presented in front of judges by both husband and wife. So this should be simple homework on … [Read more...] about How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
How to handle false cases from wife who has a boyfriend
In case you face threats or actual legal cases like DV, CrPC 125, 498A, 406 from your wife who also has a boyfriend, the situation can be turned to an advantage, of course only if one is able to get over the shock of the whole fraud which has been perpetrated, and assess things from thereon. The context of this post refers to those marriages where the wife starts to show erratic behaviour etc right in beginning of married life (read Advice to men post for details). Many such women come from feminist/matriarchal families, and if not outright feminist family, then having been raised in an environment of independence and pampering probably. End result is same: their attitude towards men and relationship is nothing normal. What kind of evidence and clues she might have left? Such a … [Read more...] about How to handle false cases from wife who has a boyfriend
Notes and questions on court procedures
Question: Usually how the court cases take place ? Like how much time is allocated , do we get chance to talk in court ? Whats the normal court procedure ? I heard the judge dont even look at the person and ask two questions and give other hearing date Yup. Broadly correct. Bench clerk will call the case in open court, judge will take the case file from bench clerk, look at case file, then at advocates of both parties, then into the case file, and at bench clerk from time to time. In the meantime, one or both advocates will say something to judge about the case, and before you realize what was said, the next date may be given and pronounced by bench clerk. Myth and Reality of courts and court procedures Each court is different, but some broad points will remain the same across … [Read more...] about Notes and questions on court procedures
How to fight false cases of DV, maintenance, CrPC 125, 498A etc
False cases by women on men kept on increasing – they started from 498A, flourished after DV Act was passed in 2005, and unmarried women used ‘technical rape’; after 498A arrests became difficult due to SC judgment of Jul 2014, some married women quickly switched over to IPC 377 (unnatural sex) and even IPC 354 (outraging modesty of woman) on father-in-law or brother-in-law. Suicide of husbands kept increasing. 21st century is here in full force! Some people think all this was predicted by some wise guy 5500 years back, but he didn’t tell the ways on how to fight these cases which will happen in 21st century, so here we are making a humble attempt to do the same! Do you have the fight in you? Before we proceed to read further on how to fight, shouldn’t we be clear whether we have the … [Read more...] about How to fight false cases of DV, maintenance, CrPC 125, 498A etc
How an NRI man fought false 498a, 406 cases within 6 months
Many NRI men ask how to fight cases filed by their wife back in India? Whether they will get arrested on arrival? Whether they will be able to get back to their job abroad or will get restrictions on their travel? There are no readymade answers for any of the above. However, following is an inspiring story of a man Anindya Chatterjee who came back from US to fight false 498a and 406 cases, and was able to get the trial done within 6 months. The interview doesn’t mention him to be an NRI but for practical purposes it will be of use to all NRIs since they usually face same issues. https://martyrsofmarriage.wordpress.com/2015/01/06/meet-the-man-who-fought-kicked-false-498a-absolute-quick/ The whole interview above is worth reading. Specific excerpt below about … [Read more...] about How an NRI man fought false 498a, 406 cases within 6 months