I think this is a very important judgment about grant of any kind of monetary relief including maintenance to wives under Protection of Women from Domestic Violence act. It says that unless the domestic violence alleged in the complaint is proven, no relief can be granted under Section 20 of the DV Act which grants monetary relief. So bye bye to those complaints where wife says “I was not given food”, “I was locked in the bathroom” and the standard template of DV allegations. Let them prove their allegations, or find a real job rather than filing cases on husbands and living life like parasites! Note that this was on disposal of the main DV petition, so even if interim monetary relief is granted, keep fighting the main petition and get your maintenance amount to zero. Important … [Read more...] about No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
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 and admin will only act as facilitator - for adding/removing group members, and ensuring guidelines are being followed. Also, now it is mandatory to send photo identity and … [Read more...] about Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp
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) If they already have maintenance case filed on them, then they should be able to pay zero or very low maintenance. If wife is simply threatening at home, then they should be able to safeguard … [Read more...] about What should be my stand in court?
It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and … [Read more...] about Multiple maintenance under DV Act denied when CrPC 125 already decided
In this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court. Important parts of judgment below: 7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil Suit. Application u/S. 125 Reg. C.S. No. 227/86 of Cr.P.C. Therefore, according to Mr. Vidwans, in both the litigations, the fate would be based on the same evidence. 8. The findings given by the … [Read more...] about Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
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 problems can’t always be laughed away. But to an extent a bit of above attitude is a must in such circumstances. E.g. we know from newspaper stories, and I know one personally, about men who have written to their states’ High Court to grant permission to sell their … [Read more...] about What to do if maintenance amount is more than your income/salary