In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape. Can't keep live-in relations outside purview of rape: Delhi HC "As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do," a bench of chief justice G Rohini and justice Rajiv Sahai Endlaw said. The person who filed PIL has raised many good points, and in fact the need for compensating the falsely rape accused has already been mentioned by Justice Virendar Bhat in one of his judgments. The … [Read more...] about Live-in relation doesn’t give immunity from rape charge: says Delhi HC
HC Judgment
Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
CHENNAI: The Madras high court has said women, who are victims of domestic violence, must be paid decent monetary assistance for food, shelter, health and education at every stage of proceedings under Protection of Women from Domestic Violence Act, 2005. http://timesofindia.indiatimes.com/city/chennai/Pay-maintenance-to-domestic-violence-victims-Madras-HC-says/articleshow/46438296.cms The 120-page verdict is sure to light up lives of thousands of women fighting domestic violence cases against their spouses, as it provides for maintenance and compensation for almost every conceivable aspect of a married woman's life, ranging from food and shelter to health and loss of income. Whatever verdict is supposed to lights up the lives of citizens, the judiciary will make sure to adjourn and give … [Read more...] about Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
As per a recent Mumbai family court judgment, qualified wife has been denied maintenance. While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work. Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications. Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself. The full judgment text has been found, and it was indeed a CrPC 125 case filed by wife (with divorce alleged by husband). Also, as I had suspected, indeed the petitioner had admitted to her having worked earlier, so it’s … [Read more...] about Qualified wife can’t sit idle and claim maintenance: Mumbai family court
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
Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
In this Delhi high court judgment to decide maintenance under Section 24 of Hindu Marriage Act, the judgment goes into assessing husband’s true versus based on income tax returns versus declared income. In the end, it refers to one-third of husband’s income as a reasonable figure for deciding on maintenance to be awarded. In other judgments, it is mentioned that there is no strict one-third formula which can be applied and it has to be on merits of each case. Full judgment text below: Sh. Sudhir Diwan vs Smt. Tripta Diwan And Anr. on 18 February, 2008 Equivalent citations: 147 (2008) DLT 756, I (2008) DMC 481 Author: P Nandrajog Bench: P Nandrajog JUDGMENT Pradeep Nandrajog, J. 1. The petitioner is aggrieved by the order dated 14.2.2007 disposing of an application … [Read more...] about Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA ..... Petitioner … [Read more...] about Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income