Usually my impression is that as far as judicial decisions are concerned, Chennai is a place filled with white knightery, where it is easy to get judgments in favour of women; even based on flimsy evidence but more based on emotions. I remember reading a judgment where a woman was granted maintenance under DV Act after a one-night stand with an office co-worker at his house. Some “beneficial legislation” interpretation it must be that one night spent with office co-worker in his house turns that into a live-in relationship! The problem with such benefit-and-relief-awarding interpretations is that interim maintenance gets …[Continue Reading]
Man claims domestic violence and false 498A by wife, plans to travel from Belgaum to Delhi
http://www.mangaloretoday.com/main/Belgaum-man-says-he-is-a-victim-of-domestic-violence-by-first-wife.html Udupi, Jan 7, 2015 : A man from Belgaum who claims that he was being tortured by his first wife by misusing the IPC Section 498A, has put forth a demand for the formation of a National Men’s Committee for welfare of victims. The man named Santosh Kumar Bhagwana Potdar from a village named Thelasangha in Belgaum spoke to media men here on January 6, Tuesday and alleged that there are some instances wherein women make false allegations of torture by filing dowry harassment cases. Santosh is an MSW, MA (Psy), PGDCA and Ph.D degree holder and claims he …[Continue Reading]
Truth is out: ‘Braveheart’ Rohtak sisters are third rate bullies and extortion racketeers
The Rohtak sisters Pooja and Arti Kumar who became national sensations by standing up to few boys who ‘molested’ them are now getting shredded as more videos and eye-witnesses’ accounts come to light. Update Feb 27, 2015: As I had already asserted, the polygraph tests were done to protect the Rohtak sister duo, and that’s exactly how the case is turning out to be. If the lie-detector tests had gone in their favour, then they would have splashed it in media. Now that it went against the duo, you tell the world that lie-detector tests are not reliable. Update Dec …[Continue Reading]
Innocent until proven guilty is the law, use it
There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too. A bigger principle possibly could be: knowledge of the law can be a very beneficial thing! Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have …[Continue Reading]
How to assess your false case and marriage breakup probability
Friends: do you feel you have been through following situations or likely to go through them in near future? 1. Your wife has left the house without any reason or communication, and now her parents or someone else is doing whisper campaign against you? 2. You have tried to call your wife back many times trying to reason with her, her parents; but they always suggest that you follow some conditions, rather than even discuss what’s the real issue. Worry not, for now we present after years of studying these situations the highly (un)definite guide to assessing your false cases …[Continue Reading]
Spare a thought for innocent husbands
http://www.hindustantimes.com/comment/analysis/spare-a-thought-for-innocent-husbands/article1-1258561.aspx Consider the following, drawn from the 2013 data of the National Crime Records Bureau: Of the 968,728 undertrials under IPC 498A, 17,542 (only 1.8%) persons were convicted. Who returns the life lost in litigation to the remaining 98.2%? Of the 222,091 arrested under IPC 498A, only 7.9% were convicted. Will the life of the 92.1% falsely arrested remain the same? Husband suicides (64,098) are more than twice that of wife suicides (29,491) over the last 20 years. Family issues, and not financial troubles, were the major reason. In a recent judgment, the apex court in Arnesh Kumar vs State …[Continue Reading]
Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this …[Continue Reading]
Government proposes amending IPC 498a – anti-dowry law
Right on the heels of news about WCD (Women and Child Development) Ministry proposing amendments to DV Act (Protection of Women from Domestic Violence Act) to protect mothers-in-law too, there is fresh news of amending the law which is the mother of bail/DV/divorce industry in India – the notorious IPC 498a, popularly known as dowry harassment law. http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges. The Union ministry of …[Continue Reading]
Proposal to amend Domestic Violence (DV) Act to protect mothers in law
http://www.financialexpress.com/news/not-just-daughtersinlaw-maneka-gandhi-says-domestic-violence-act-must-protect-mothersinlaw-too/1272723 “Many cases have been brought to the notice of the minister where elderly women have been misbehaved with or even tortured by their sons and daughters-in-law for property or other reasons. Even when the case is genuine, no action can be taken against the daughters-in-law under the law. The minister feels that the law should protect all women, regardless of their relationship with the oppressor. We are exploring legal options and will move an amendment soon,” said a source close to Maneka. In India, abuse of mothers in laws by daughters in law may be wished away as …[Continue Reading]
Supreme Court upholds decision of HC for daughter in law to pay rent to mother in law
The judgment of Mumbai HC which asked daughter in law to honour the rental agreement and pay Rs 5,000 payment to mother in law. ————————————————————————————— IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8283 OF 2008 Sanchita Amitabh Dasgupta .. Petitioner. Vs. Amitabh Prashant Dasgupta & Anr. .. Respondents. Mr.Nikhil Karnavat i/b Mr.Ajit Kulkarni for the petitioner. Mr.Anil Dhavale i/b A.Apte for the respondents. Coram: D.B. BHOSALE, J. Dated : 17TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. Counsel for the petitioner submits that the petitioner and her husband were inducted …[Continue Reading]
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