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?
According to latest news, the marriage amendment (2010) bill which was passed during UPA regime in 2013 in Rajya Sabha is now being resurrected and hurriedly being re-introduced in Winter session of Parliament starting on 24th Nov 2014. The bill allows wife to get divorce and also lay a claim on on dear husband’s property after merely staying separately for 3 years. http://economictimes.indiatimes.com/news/politics-and-nation/government-plans-bill-to-make-marriage-laws-women-friendly/articleshow/45165307.cms?intenttarget=no The bill in its various forms: originally proposed 2010 version, and the 2013 version passed by Rajya Sabha is available below: http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227 There is fundamental flaw in the bill that it … [Read more...] about Flaws in marriage amendment (2010) bill aka IrBM Irretrievable Breakdown of Marriage
Gentlemen and friends, here we attempt to discuss the dreaded C-word called Compromise. It is a favourite word used by advocates, CAW cell, and judges too when we face false allegations of domestic violence, dowry harassment aka IPC 498a, IPC 406 aka keeping wife’s gifts/stridhan etc. etc. Also read the Innocent until proven guilty is the law if you haven’t already since that sets the context for this post. I have written another post about compromise during 498a cases, you can read that too. Regarding police/CAW putting pressure to compromise: The sad reality is many people who face these issues ACTUALLY do compromise in terms of ‘settling’ the case by paying money and getting the coveted so called ‘mutual divorce’ and buying peace. As long as that keeps happening, … [Read more...] about What to do if CAW cell/police/advocate is putting pressure to compromise
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
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 meant to be a mega-post / mega-article to be written in phases, and eventually it will be the main post on men’s rights having links to other posts on specific topics. Following is a history of updates for repeat visitors. 2-Oct-2014: Section Encyclopaedia of false … [Read more...] about Advice to men on 498a, maintenance, DV, divorce, child custody, what else
The high court of Kolkata has taken over the mantle of sermonising the duties of a man towards his wife. From previous year pronouncement of Justice Katju of SC -- “do what your wife tells you and never question her authority”, to another pronouncement this year by Justice Deepak Verma of SC that “Whenever a person is married, there is no question of independence”. If the allegations against this cop are really true, then a sorry is not enough, and it is a fit case for criminal prosecution – under a relevant section of IPC. But the judges seem to be more concerned that a policeman was not aware of implications of complaint under IPC 498a! http://timesofindia.indiatimes.com/city/kolkata-/Say-sorry-to-your-wife-HC-orders-cop/articleshow/6254113.cms TNN, Aug 4, 2010, 01.02am IST … [Read more...] about The price of marriage is forever saying sorry to wife