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498a Discussion Forum - View topic - Repository
It is currently Tue Aug 16, 2022 10:04 am



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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Shoneek:
420 is a fraud, sometimes, purely civil disputes are given colour of criminal case by using 420 and hence the courts ask for ATR (Action Taken Report) from Police, if the Police Officer is not inclined to register the case, the court may take the same as private complaint u/s 200 CrPC.

Under CrPC 200, the court would first like to examine all the evidences which you have for your case, and if satisfied that enough grounds exist for criminal case to run, would summon the accused.

This would then run as a summons case.

I know it is lot technical, hence sit with your trusted counsel and decide future course of action.

viewtopic.php?f=11&t=12008#p76258


Sat Sep 14, 2013 5:06 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Judgements on improved allegations not allowed

viewtopic.php?f=11&t=12077#p76925


Thu Sep 26, 2013 2:57 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
What you want is to have a local counsel to handle the process and paper work while you want to retain the right to argue your matter in person.

To do this, you have to file the Petition as Party in Person along with an Advocate. When filing your petition in the HC, attach the Vakalatnama of the Advocate and an Application to present and argue the matter in person. The Petition will state:

(Your Name)
Party-in-Person

Along with:
(Advocate Name)
Advocate

Many petitioners do what you want to do and it is quiet logical thing to do if you are confident to present and argue your case yourself in the HC.

Vishal
viewtopic.php?f=16&t=12105#p77140


Tue Oct 01, 2013 5:38 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Dedicated to Gal

Divorce laws are very strange in India. U can see........marriage is pratically dead after boy has been arrested, humiliated...........BUT EXISTS ON PAPERS FOR 10-15 YRS MORE..........coz shrimatiji wants to torture, gets monthly maint. as reward for many yrs, harasses him in courts. One fine day, she decides to let lose his neck, tells court her intentions & becomes a free bird within few days!
In contested divorces we say to boy-----gather enough proofs & apply. But, most of miaan-biwi fights donot generate enough proofs. Say, if she denies s*x after 2-3 yrs of marriage, secretly enjoys s*x with his BF for next 10 yrs......how can we prove this?
If boy applies unilaterally, without MCD scope, he gets milked away right from day 1 via Sec24/CrPC 125 or DV. Gets 498a invariably.............yet divorce nowhere in sight.
Main grounds which boy wants to take:
1) Cruelty: as i mentioned, most incidences happen inside 4 walls. Courts say "its normal wear n tear of married life" if girl contests
2) Desertion: Girl says that 'i left the house as he totured me everyday for dowry'
3) Adultry: Court wants 2 see video of actual "act". Or some child born out of 'that relationship'
4) Via RCR-failed to comply route: Contests RCR for many yrs, then appeals. Sucks throu Sec24 meanwhile


Now on other side:
If girl wants to end relationship+ hubby not willing .............even if she does not have enough proofs..............all she has to do LODGE A 'WELL DRAFTED' 498A + 406 complaint & see the fun. Boy & family will crawl on their knees & beg for their freedom. She wil get jackpot prize too.
In rare circumstances, if DIVORCE IS THE ONLY AIM, she wil get it seamless via 498a route.

viewtopic.php?f=45&t=12118&p=77394#p77374


Tue Oct 08, 2013 2:08 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Alimony under Sec 25, here the conduct of the parties is taken into account by the court. If the lady has no means of subsistence, the court may still grant some alimony.

However, Interim Maintenance u/s 24 would need to be paid. Here the conduct of the parties is not important.

viewtopic.php?f=46&t=12137#p77451


Wed Oct 09, 2013 6:14 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Poppinderji:
(Habeas corpus in context of US case by an Indian in Indian Couryt)

Let us understand what you gain by habeus corpus and why you can can file it.
Your wife has the custody of the child but her whereabouts are not known to and she is not responding to all your messages and have gone in hibernation or a place which you are not sure of and also there is no response by her to any US court orders etc.

This situation gives a resultant that you are not aware of where abouts of your son for whom you have custody orders from a US court.

You file a Habeas corpus the child is produced in the court by Police and at that time you walk away with him waving you court orders in the Indian court with the consent of Indian court.

Hence She would go to GWA for custody of the child not you.

She was well advised on this matter by her lawyer long back that is why she filed a GWA application for custody inspite of her in custody of your son.
Go ahead do it convince your lawyer let him see you view point correctly.

viewtopic.php?f=44&t=12070#p76801


Fri Oct 11, 2013 2:24 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Poppinderji

If none of you appears for 2-3 dates the case would be dismissed in all probability.
If you say yes that you want to try to live with your wife and cannot prove anything later that you did not live with her then even you are in difficulty.
In my opinion if you give an application that you want to withdraw the petition in all probability you should get a verdict of "Case dismissed as withdrawn"

viewtopic.php?f=11&t=10362#p77481


Fri Oct 11, 2013 2:43 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Ganeshrao
If u are in the same place as the court, Get the copy application form signed by the advocate, take an authorisation letter frlom advocate to collect the cekrtifiked copies, affix court fee stamp as per rules in ur state, submit to the central copying section of the court, a number would be given toit. Note it down. Go to the concerned court administrative section after 4 or 5 days and ask if the original papers were sent to copying section or not. If not sent ask them to send them on same day, pay the charges at the copying section. After 3 or4 days again go to the copying section and ask for the copies. If ready u would be given. If not wait for an hour and u would get them.

Siranjeet
u can directly apply for copy of petition by filing Form CD-6 and affix court stamps and submit in copying branch then get copy on date told by copying branch

there is no need to get sign of ur advocate on form CD-6


Wed Oct 16, 2013 4:55 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
FIL Suspended for giving dowry

viewtopic.php?f=41&t=4446#p17905


Wed Nov 27, 2013 10:36 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Nominee Or Legal Heirs: Who Will Own Your Assets?

Before doing anything regarding financial security of your dependents always do a deep research about it. If we ask someone what is a nomination? Or who is a nominee? The answer will be instant and simple; nominee is a person whom we nominate to own our assets after our death. But this is not fully correct. Everyone is aware of nomination but what does it really mean from a legal point of view, very few are aware of it.


Nomination is a procedure done for the security of financial products or assets that you own and the person whom you nominate for these assets is the nominee. Your nominee will own your assets but he will get the custody to take care of your assets after your death. He will have the power to distribute your asset to your legal heirs whom you would have mentioned in the Will. Legal Heirs could either be your kids, mother or your father. If there are no legal heirs mentioned in your Will then your assets will be distributed according to the succession laws (According to this law after your death a nominee is only the caretaker of your assets not the owner).


Here are few ways your asset can be inherited by your nominee, listed by Sakina Babwani of Economic Times.

1. Life Insurance

People take life insurance policy to secure their dependents. A positive side of life insurance policy is that you can register more than one nominee, but on a condition that one nominee should be from your family. You can also add your friend as your nominee. To do this, you need to submit certain documents related to that person. According to Section 39 of Insurance Act, after the death of the policy holder your nominee will acquire all the right on your policy without any added benefits.


2. Mutual Funds

You make an investment to for secure your financial asset and as well as protect your family. In case if you don’t do investments carefully then after your death your family members have to struggle to claim it. In order to avoid such mess, be sure of making the Will including all the formalities related to nominations and also investments and accounts. While purchasing units in mutual funds, you can include up to three people as your nominee. Among this nominee one could be a minor too, it’s just that the guardians name should be mentioned in the nomination formalities.

3. Shares

About 75 to 80 per cent people invest in shares and debentures even in this investment you can nominate a person as a nominee. According to Section 109(A) of the Companies Act you can choose a nominee for your shares and debentures at any point of time. Thus nominees will be the owner for all your shares and debentures after your death but if you have drafted a Will then even your legal heirs can have rights on the shares. If the Will is not drafted before your death then the real owner will be your nominee after you.


4. Public Provident Fund

Public Popular Fund comes under the list of popular funds chosen by the people. Central Government came out with this scheme under the name PPF (Public Provident Fund) Act of 1968. Provident fund is a scheme for long term savings which was started by government to provide employees with the retirement security. Once you open your PPF account always ensure to have a nominee for your account which will help the nominee to receive the fund wholly after your death. If there are no nominees then your legal heirs will only get 1 lakh that too after several formalities.

5. Savings Account and Fixed Deposits

Nowadays when you open a new account in the bank you need to fill the nominees’ name for your account. The best benefit out of this nomination is that even after the death of the account holder the money in his account and the lockers including his contents will be released to the nominee by the bank overriding the succession laws. If you have only one account you can have only one nominee but in case of different accounts you can nominate different individuals.


6. Co-operative Housing Societies And Properties

In this case even if you nominate a person for your property the nominee will not get the ownership directly after you. The housing society has to transfer all the shares in the name of nominee, after which the nominee becomes the in charge of distributing or transferring among the legal heirs.


7. Other Investments

ULIP is one kind of life insurance plan it gives two benefits to the investor in the form of insurance and investment under a unique plan. The annuity returns depends on the annuity chosen by you. Annuity is nothing but a contract between the insurance company and you where you pay a lump sum amount to the company you will get disbursements regularly after some point of time.The annuity will be provided to you until you are alive and the nominee gets the initial premium paid by the policy holder initially.


It is good to have a better investing knowledge but along with that always make sure that you are well versed with the legal aspects of nominations to have a better financial life ahead and after you even your family will be free from all the legal issues.

http://www.siliconindia.com/finance/new ... ur-assets-
nid-157548.html?utm_campaign=Newsletter&utm_medium=Email&utm_source=r1


Wed Dec 04, 2013 4:38 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
If married man walks out of relation, live-in partner not entitled to relief: SC
viewtopic.php?f=57&t=12382#p79300


Wed Dec 04, 2013 5:22 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Courtesy: Siranjeet
Personal appearance can be dispensed with advocate in 125 crpc
Naushad vs Naseema Beevi:15.12.1993:1994(1)CCC 471(Kerala)
Crl. M. C. No. 1313 of 1990 and date of decision 15.12.1993 by justice K.T.Thomas


Mon Dec 09, 2013 2:00 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Poppinderji
If she states in the court that the signatures are done by her in a different manner no offense is made out.

Signature are not same at 498a & Maintnce 125 case
viewtopic.php?f=11&t=11809#p74537

srkraidu
Signatures matter in banks, not in legal jargons.


Tue Dec 10, 2013 1:41 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
FIR quash
Have query on this.........
Will the lower court and police people will get the notice from HC? or its only opposite party 498a Gang along with PP will get notice?

As suggested by Santoshd:
Copy to :
1. The XIV Metropolitan Magistrate, (Lower Court)
2. The station House officer, police station,
3. Two CCs to Public Prosecutor , High Court of A.P, Hyderabad (OUT)
4. One spare copy.
5. One CC to Petitioner's Advocate (OPUC),
6. One copy to Respondent/ 498a gang

Query on 498a Quash procedure.
viewtopic.php?f=11&t=12110#p79748


Tue Dec 10, 2013 4:00 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Siranjeet
Pension to employee is granted after clearence from all investigation(vigilence,police and dept)
so pension can not be stopped as per civil service rules and even cannot be attached for recovery in recovery suit as it is exempted u/s 60 CPC

Once pension is granted then it can be stopped only after permission from president of India who has power even to foregive death sentence/life imprisonment to criminals

Even service conduct rules(13A-Abetting, Giving and taking of dowry) are not appliable on pensioners
viewtopic.php?f=47&t=12366#p79942


Sat Dec 14, 2013 4:24 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Courtesy: Siranjeet

Must get call detail from service provider before going for deactivation of SIM and issuing new SIM against same number
then go for application for lost of SIM and got issue new SIM and u can even transfer her balance to ur new SIM

ur SIM number and IMEI No.----will be changed
Ur Mobile number and IMSI No.---remain same

This can help u in future As per Kerala HC judgment late night consistent phone calls with third person is cruelty if u find some clue

Prakash vs Bindu:16.8.2013: 2013(4) CCC 318 (Kerala HC)
viewtopic.php?f=11&t=12455#p79983

How to get call register ?
One can get call register of both Prepaid and PostPaid.
if BSNL--->RTI To local GM of exchange
if other service provider--->RTI to TRAI(Telecom regulatory Authority of India)


Sun Dec 15, 2013 4:59 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Woman only Can claim right on husband property NOT INLAWS
Rohini Court, Delhi - Kamini Lau - Woman only can claim right on the property of her husband and NOT on her Parents-in-laws' Property

IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE­II (NORTH­WEST) : ROHINI COURTS: DELHI
CA No. 62/2013

Date: 6.11.2013

Chetna Kapoor
W/o Dheeraj Kapoor
Permanent Resident of 253, 3rd Floor
Rajdhani Enclave, Pitampura, Delhi.
Presently at: 7/11, Tilak Nagar, Delhi. ................. Appellant

Vs

Suman Bala Kapur
W/o Subhash Chander Kapoor
R/o H. No. 253, 3rd Floor
Rajdhani Enclave, Pitampura, Delhi. ................. Respondent

viewtopic.php?f=47&t=12461#p80007


Mon Dec 16, 2013 10:29 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
DV transfer out of jurisdiction FAQs

Since there is provision to transfer civil cases as per girl's convenience, does DV also fall in same category?
>> For transfer of DV case sec 406/407 of the CrPC applies, not CPC.

How easy or hard it is for girl to get it done when DV is already in cross examination stage
>> Depends on merits. Can be very well transferred whenever party demands, esp girl.

Can they amend application to include recovery?
>> Query not clear. What recovery?

Can they retain RTR request?
>> Yes

Does magistrate court in different state have power to give RTR or recovery decisions from another jurisdiction?
>> Yes, local PO will make it sure to implement protection orders.

How to handle this situation?
>> Fight on merits, pray 2 God

According to my understanding criminal sections will have some jail term if proven
>> DV is civil case as u have suggested. But procedure is CrPC, u know! There is diff b/w IPC n CrPC

Does SC look into merits of underlying case while deciding on 406/407 transfer application?
>> Yes

Girl has stated lump sum amount of stridhan in DV complaint, but there is no demand of recovery
my lawyer said they can make additional request during the case but it will not show them in good light (this was 10 months back when DV started)
>> No worries. DV court wil not ask 4 recovery. Protection Orders can be given althogh

Interim order rejected all demands except interim maint, can other court just rewind the whole thing and restart?
>> No, she can go for appeal at the most
viewtopic.php?f=47&t=12328#p78838


Tue Dec 17, 2013 5:43 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Poppinderji

First go to this site....http://indiancourts.nic.in/content.htm click Punjab and haryana high court on option on the left.
highcourt.chd.nic.in Go to this site and find the requisite information by clicking case status.
the relevant information is available like this:-
Case Status of High Court of Punjab & Haryana


It is an information system designed to provide information on pending and disposed cases of High Court of Punjab & Haryana on Internet for advocates, litigant public and judges of lower courts. The required information is derived from the large databases created in the High Court of Punjab & Haryana by NIC and maintained by the Registry of High Court of Punjab & Haryana
Cases can be retrieved through:

i. Case No.
ii. Title (Petitioner/respondent Name)
iii. Advocate name
iv. Lower court details

The latest information of a case with respect to the status of the case, which could stand as:

i. Party names
ii. Advocate names
iii. Subject category
iv. Disposed of
v. Adjourned
vi. Date on which last listed
vii. Waiting Position
viii. Next date of hearing
ix. Diary No.
Pls see search options on the left for the needful;I hope this would be of help to you
The relevant page opens at http://courtnic.nic.in/courtnic_Chandigarh/default.aspx

viewtopic.php?f=11&t=12454#p80241


Sat Dec 21, 2013 3:35 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Siranjeet
Publication regarding matrimönial disputes is prohibited u/s 22 HMA

It is crime under HMA during pendency of case
You can't even disclose the names of parties during pendency of HMA

During pendency of case only parties can take copy of documents because of privacy and after decision the documents become public documents for public(non parties to suit).
Even access to these documents are exempted u/s 8 of RTI 2005 because of privacy.

Is publishing FIR copy on FB a crime?
viewtopic.php?f=15&t=12491#p80256

This is what law says:
22(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court.

22(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

Only a thousand rupees fine, no punishment ;-)
Only high court, supreme court judgement can be published but not => lower or family court orders, i.e. MCD

The above section talks about proceedings "under this Act", that is to say HMA and not IPC.


Last edited by srkraidu on Mon Dec 23, 2013 5:44 am, edited 1 time in total.



Sun Dec 22, 2013 3:19 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Forget DP3 or extortion.
At the most, plan discharge application

viewtopic.php?f=11&t=12121#p80300


Mon Dec 23, 2013 2:19 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Allegations improved later are an after thought

Vague allegations can not be improved later
Devi Lal And Ors. vs State Of Haryana on 29 October, 1992
Equivalent citations: I (1993) DMC 95
Author: H K Sandhu
Bench: H K Sandhu

http://indiankanoon.org/doc/358990/

viewtopic.php?f=11&t=12514#p80451

SC: Quashing of 498A when allegation made after a long gap
The intended gap is minimum 2 years as observed from the thread. Checkout before going for quash.
viewtopic.php?f=56&t=4960&sid=a96b029a2652c8783aede0d8241b1e4c#p20913


Thu Dec 26, 2013 9:35 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Order 39 rule 4 CPC (unclean hands)


Sat Dec 28, 2013 11:33 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Courtesy: betrayedpati

In some countries, like the US - where many frivolous lawsuits are filed by client against the professional - there exists a scheme of Professional Liability Insurance. So if as a medical doctor, I follow the established medical process and protocol; and take all the necessary precautions and a patient files a suit against me, this insurance will reimburse the litigation/settlement expenses.

http://en.wikipedia.org/wiki/Profession ... _insurance

Given the rape laws, domestic violence laws, anti-dowry laws etc - is it feasible to start such an insurance scheme in India too? In India, 82% of the tax-paying base is male. Surely - if awareness grows, and if all married males can even insure themselves for even 1000 rs per person THAT is a LOT of money that can be used to safeguard them from frivolous litigations. Similarly, if all adult males pay like 500 rs per person, that is more than enough to insure themselves from all legal expenditures relating to rape cases.

What will this lead to? If you take all the necessary precautions and are truly innocent, you will definitely win the case in the court. But the loss you undergo in terms of stigma, loss of health, loss of employment opportunities, bail amount, "practical legal expenses" can all be monetized and reimbursed. In other words, you will merely be jailed until you get bail, and after that - all your headaches w.r.t fighting the case are taken care of [in terms of transport to the city where the case is filed, transportation to court, psychological relief, support groups etc. etc.]. The legal battle will no longer be a battle.

I am a gender-neutral person, so the same company can provide insurance policies for women too. That is, in case a women alleges sexual harassment or domestic violence; she need not fear stigma or depend on relief from her husband/employer. She can simply walk out and claim relief in form of insurance. Of course, if she is really a victim, the court will give her justice too. Of course, if she has filed false cases simply to claim insurance money - a '420' case of insurance fraud can be registered against her :)

So - I have a question, will such an insurance scheme be viable or legally tenable in India?

viewtopic.php?f=11&t=12538#p80565


Mon Dec 30, 2013 6:49 pm
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Courtesy: mds.nvs
viewtopic.php?f=61&t=12533#p80532


FORMAT
DEED OF DIVORCE
This Deed of Divorce is made at XYZ on ___ Day of _____________, 2014, between:

First Party:
Boy Name Address
&
Second Party:
Girl Name & Address

With the following terms & conditions, we, both the parties, undersigned, made this written Divorce Deed today as under:

1. The marriage of both the parties were solemnly performed in 2003 at XYZ as per religion, customs & verdict by the priest in the presence of relatives & friends. After got married, both the parties lived as husband & wife in matrimonial house at Ahmedabad, Mumbai & USA.

2. The parties state that due to difference of opinion, thinking, nature & both parties, arises dispute & other problems in life of both the parties & unable to live as a Husband and Wife under one roof. The friends & relatives of both the parties tried many times to compromise/settlement between both the parties but in vain & due to this problem, both the parties live separately since last more than four years. There is no possibility between the parties to live as husband & wife, both the parties desire to live separately.

3. Both the parties have a baby child Son & at present the baby child is with her mother & after divorce, the child will reside with the wife & her entire responsibility will be upon the wife. The husband will not object the same.

5. The wife & her family felt guilty after taking FAKE Legal actions (like fake 498 and more) against the husband & his family members in past 3 years. They realized their mistakes that innocent people - Husband & his family, got harassed mentally, emotionally, financially, professionally & socially for last 3 years. Therefore, the wife & her family promised & assured the husband & his family that they will not create any problems during husband’s visit to India by taking any Legal action in future. The husband & his family forgave all mistakes & harassment by the wife & her family for better means of both the parties. The husband & his family members can talk & meet child, with no restrictions in future. The husband & his family promised & assured that they will not take any Legal actions for the custody of the child & will not take any Legal actions against the wife & her family in future for their pain & suffering.

6. There was no physical abuse or domestic violence between both the parties during the marriage & after the separation.

7. Both the parties & their family members must respect their social prestige & not to interfere in each other’s life by any means in the future.

8. Both the parties submit that after the Divorce, both the parties are free from the relations of husband & wife i. e. there is no relationship between both the parties as husband & wife, both parties are free from the relationship & now both the parties can remarry with another person as per their choice & nobody can interfere in his/her future life.

9. The wife has received full & final lifetime maintenance & permanent alimony for herself & child from the husband. The wife cannot claim any rights of maintenance or alimony for herself & child in future under any circumstances such as recession, inflation, etc. in any Court of Law in the World.

10. The husband has returned all the Gold & Silver Ornaments, Gifts, Clothes, all other Articles & original documents such as Mark Sheets, Licenses, Passports & as per the list.

11. Both the parties cannot demand any share in any type of movable or immovable properties or anything. All transactions between the parties are settled forever. Both the parties cannot take any Legal action/s for any matter related to marriage, alimony, child support or anything anywhere in the World in the future.

12. Both the parties submit that they are Hindus & therefore, they are jointly filing the petition for dissolution of their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

13. The wife & her family members will co-operate to immediately quash & set aside the F. I. R. filed by her under Section 498-A, 323, 504, 506(2) & 114 of the Indian Penal Code & Section 3 & 7 of the Dowry Act before the Police Station. The wife, her family members & her witnesses will co-operate by giving signatures whenever & wherever required for the settlement between the parties.
In future, if any dispute arises regarding this marriage, both parties will never approach any Court of Law anywhere in the World but, will settle the dispute by 2 arbitrators/mediators only named:
(1) Person - 1
(2) Person - 2

This Deed of Divorce is signed & executed between both the parties have signed with free consent herein under, in a good healthy position, both the parties have read & understood without pressure, intoxication, torture & threat & all the terms & conditions are agreed upon, confirmed & binding to both the parties & both the parties have signed in the presence of witnesses at XYZ Location, India on ___ Day of _____________, 2014.

Place:
Date:

First Party:
____________________
Boy

Second Party:
____________________
Girl

Witnesses:
____________________
____________________


Question: Was this prepared by a lawyer?
Answer: Yes, it is. Paid 25,000/- Rs for these 13 points (: (Have provided 9 points out of 13)
(Looking for advice because I am not happy with writeup. Also, I wanted to SAVE money of other 498 victims as well by proving format.)

Question: Can you say 5 on legal papers? How about 6?
Answer: Not sure; looking for advice

Question: Second part of 13? Is 8 necessary? (Isn't it the whole point of divorce?)
Answer: Your comments make sense for me (I get rid of 2nd part of 13th point)

Question: I want to put 5,6 and 13 on my divorce papers as well. But I want to know if I can put such stuff in there.
Answer: Looking for advice


Mon Dec 30, 2013 6:53 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Siranjeet
You cannot change RCR to Divorce by amendment u/order 6 rule 17 CPC as lead to new cause of action.
But u can withdraw RCR and file new petition for divorce.

Gal
You cannot convert RCR to divorce petition as these are mutually opposite poles. When we say "convert", it may have following courses:
1) U both agree for MCD, then sec13b wil be filed, RCR will be withdrawn
2) U withdraw RCR & fie sec 13 i a
3) U win RCR, she does not comply for 1 yr......u file for divorce on this very ground of her non-compliance

viewtopic.php?f=1&t=9402&start=200#p80723


Sat Jan 04, 2014 6:10 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Anti-suit Injunction law in Indian context
viewtopic.php?f=61&t=12529#p80720

http://www.indiankanoon.org/doc/128850775/
http://www.indiankanoon.org/doc/1793339/
http://www.indiankanoon.org/doc/1028191/
http://www.indiankanoon.org/doc/1580023/

Keep thing which springs out is that one can avoid contempt of court if one is not served properly abroad with the injunction notice. That is a way out for many of us who might face such injunction directive.
http://www.tribuneindia.com/2014/20140103/edit.htm#6


There is a recent judgment where HC in India are not granting ex-partee injunctions.
http://articles.timesofindia.indiatimes ... e-petition
Not Granting or Granting? This article suggests that HC has granted an ex-partee injunction in favor of the woman.


Sat Jan 04, 2014 6:12 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Major girl- can live with man without marrying him. It is not illegal but may be regarded as Immoral by society
there is a difference between law and morality

Allahabad H C
Payal Sharma vs Superintendent Nari Niketan Kalindri Vihar, Agra: 2001(3) CCC 233( Allahabad HC) :lol:
by justice M Katju and Justice R B Misra

This landmark judgment in history of Live-in- relation

viewtopic.php?f=16&t=12629#p80912


Tue Jan 07, 2014 5:17 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
PR bonds are bails that take a person's word as security instead of cash. They rely on a gentleman's word that the accused will show up in court when asked to appear in the court. It is an acronym for Personal Recognizance bond. (i got from google.... )


viewtopic.php?f=47&t=12565#p80743


Tue Jan 07, 2014 10:01 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Depositing the amount in her account is accepted or not.

No, if you are depositing the maintenance amount in your wife’s account which will prove really hard for her to debit or take from the bank this would amount to harassment of the benefactor as this would be the against the general policy the Indian Courts who try to ensure that the benefactor doesn’t has to face any difficulty in accruing the benefits that are allowed for her maintenance. With regard to your second query regarding cash deposit of your maintenance amount to your wife’s advocate it shall be kept in mind that it would be better if you pay the maintenance amount to your wife by way of cheque of DD which can be cross checked and proven as an evidence in a court of law. Though the advocate may refute the charge that he has received any sum of money form you as part of the maintenance money but the payments made for maintenance money by way of DD or bank deposit can never be refused hence you can prove it as evidence that you paid all the maintenance money well in time and this would undoubtedly assist you in the final decreeing of maintenance case.
Regards
SKapoor
Lawkonect.com

NO, because it will be harassment to the beneficiary, benefactor can't deposit the cash in an account where it is 500kms but where there is a provision of withdrawing through debit at any ATM of the Bank branch located to the complainant area of residence could be considered justified.
Wife who Deserted their husband are normally not entitled for maintenance but depends over circumstances for the said desertion for the said claim.


Mode for payment of maintenance

1 Crossed cheque in favor of Ex

2 DD In favor of Ex
along with statement of ex in court for receipt of DD/CHEQUE for maintenance for such period

3 Can deposit in court to Nazar of court

mode 1 to 3 are best way

4 Deposit in Ex bank A/c If she had given A/C No in court in written otherwise prob can arise by denial of A/c

5 Can transfer to Ex A/c if she had given a/c no in written in court

Modes 4 to 5 good ways but not best ways because you had to summon her a/c detail and u cannot get Her a/c detail via RTI

6 Deposit in her advocate's or parents are not good way as dispute can arise later on because these amt are not for maintenance

7 Money order- Ex can deny her sign if dispute arise and is not good way

Mode of Paying Interim Maintenance
viewtopic.php?f=47&t=8670#p44863


Fri Jan 10, 2014 12:40 am
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Siranjeet
You can amend petition u/s 13A of HMA to 13 B by filing application under order 6 rule 17 of CPC for amendment of plaint if both party agree

viewtopic.php?f=45&t=12444#p81146


Fri Jan 10, 2014 3:50 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Hi,
in my case settlement might happen.
other party is asking for DD of complete amount, and after that they will submit affidavit in court for settlement.
i don't think its a gud idea.. i want all settlement thru mediation center of HC.
can you pls respond back with the terms of settlement & payment options.
I dont want to leave any loose point in settlement as opp is too cunning
there are 3 FIRs in my name, DV is in HC & Div case is stayed by HC in transfer petition.
how to proceed for installments & quashes..
thanks.

Hate498acrap
Give 10 to 15% upfront
35% after quash
50% on 2nd motion divorce..
this is what I have done

settlement payment : urgent
viewtopic.php?f=11&t=12663#p81209


Sun Jan 12, 2014 12:40 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
as per Neetu Mittal vs Kanta Mittal(posted by galsober), Delhi HC observed
http://indiankanoon.org/doc/444223/

8. As observed by the Supreme Court, 'Matrimonial home' is not defined in any of the statutory provisions. However, phrase ?Matrimonial home? refers to the place which is dwelling house used by the parties, i.e., husband and wife or a place which was being used by husband and wife as the family residence. Matrimonial home is not necessarily the house of the parents of the husband. In fact the parents of the husband may allow him to live with them so long as their relations with the son (husband) are cordial and full of love and affection. But if the relations of the son or daughter-in-law with the parents of husband turn sour and are not cordial, the parents can turn them out of their house. The son can live in the house of parents as a matter of right only if the house is an ancestral house in which the son has a share and he can enforce the partition. Where the house is self-acquired house of the parents, son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents upto the time the parents allow. Merely because the parents have allowed him to live in the house so long as his relations with the parents were cordial, does not mean that the parents have to bear his burden throughout the life.

What is legal definition of matrimonial home?
viewtopic.php?f=47&t=12262#p78449


Sun Jan 12, 2014 12:47 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Gal
Disowning ..............if helps at all..........if parents disown the son before his marriage & do not attend the marriage, do not keep any relationship with the couple thereafter.
Practically impossible, so is of academic interest only as far as 498a et al is concerned

Potentialvictim
After legal disowning, your parents can maintain the position that its a marital dispute between you and your wife and they don't have anything to do with it.

498aUK
LEGALLY disowning doesnt save family. Case still can be filed and would move exactly in the same way like a normal case.

Every person mentioned in the FIR has to go through with the bail and everything in the same way just like any other case. Only the benefit comes that IO can take some cash and take out the name of disowned person and it will be easier for him to do in these kind of cases but you shouldnt think that because he took oath that he would follow everything to save this fucking country and due to this he would try to take out name. Its all about money but i think its worth to save asses here as much as you can.

If this all dont work then it will be easier to prove this in the court that person was disowned before case was filed for certain period of time but honestly this fucking system is so incredibly designed that police/judiciary dont give a damn what man and his family says?

Does legally disowning matter?
viewtopic.php?f=11&t=12630#p81211


Sun Jan 12, 2014 12:49 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
SKapoor
http://www.lawkonect.com
9555507507
I am of the view that in the light of the circumstances of your case it can be said that you can file a suit for divorce on the ground of venereal disease which has been enumerated as a possible ground under Section 13 (1) of HMA. The circumstances of your case fall squarely under this provision of the Act. Supreme Court in Dharmendera Kumar v. Usha Kumar AIR 1977 8C 2218 observed that in order to be "wrong" within the meaning this clause, the conduct alleged must be misconduct, serious enough to justify denial of relief.

In the aforementioned case, it is proved by W (Wife) that disease in question has been contracted to her from R (Husband) therefore in view of provisions of Section 23 of Act petitioner is not entitled to decree of divorce because he is trying to take advantage of his own wrong and disability. From the above case it can be seen that if you are going to the court with ‘clean hands’ then you may be granted a divorce on the same ground as discussed above.

Siranjeet:
Bombay high court
heptatitis B is included in VD(para 12)
SUNIL LOKHOTIA VS PRATIMA
http://indiankanoon.org/doc/1804715/

Anand
Hep-B is curable but ample diet & medication has to be taken for about 1 month. So it is left to you whether you want to accept her for what she is or you want to raise an issue about it. In anycase it is better you have her re-tested in best interest of both of you before you proceed with any decision. This way you would have access to all her medical reports too- How you use it for better medical treatment OR for legal purposes is left to you.


viewtopic.php?f=11&t=12108
viewtopic.php?f=47&t=10020#p81248


Sun Jan 12, 2014 2:06 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
SKapoor, Lawkonect.com, 9555507507
Firstly for a case in which a party is living abroad eg. mutual divorce case can be filed through a power of attorney, a lawyer who has the power of attorney can represent on behalf of you in the proceedings and you will not have to be personally present in the proceedings. In a case a couple was divorced through video conferencing where the wife was living in Surat and husband was living abroad. As regards to your other questions the videos conferencing divorce has now been resorted to in many cases in India so I fell it is much better than visiting India for a divorce if you can get a mutual divorce through such a facility, with regard to the costs, the cost of the arrangement is borne by the state and there is not much ado on your part in such a case. So, you can undoubtedly go for a divorce by resorting to video-conferencing.

Siranjeet
order 18(3&4) CPC- Audio visual link/video conferencing can be used to record statements of witness in courts as good as they are physically present(para 7)- Headnote there is karnataka HC judgment

Twentieth Century Fox Film Corporation vs NRI Film Production Associates: 9.1.2003
2004(1) CCC 388( KARNATAKA),AIR 2003 KANT 148
http://indiankanoon.org/doc/212550/
viewtopic.php?f=16&t=12280

498avictimde
There is no judgement that video conferencing is now allowed etc but evidence can be recorded using Webcamera

In a path breaking development, the Supreme Court held that a trial judge could record evidence of witnesses staying abroad through video conferencing.

Interpreting Section 273 of the Criminal Procedure Code in the light of technological advancements, a bench comprising Justice S N Variava and Justice B N Agrawal said recording of evidence through video conferencing would be perfectly legal.

http://www.lawyersclubindia.com/forum/V ... -43740.asp

http://www.punemirror.in/article/4/2013 ... orces.html
Posted On Friday, June 14, 2013 at 10:16:51 AM
Ahmedabad: Ahmedabad is seeing an increase in divorces that are going digital. In the last one year, the family court near Income-Tax Circle has disposed of around 50 divorce cases over video-conferencing.

siranjeet:
Apex court
speedy disposal of cases
cross examine via video/telephone conferencing-SC (Para 20-Headnote)
Dr. J.J. Merchant vs Shrinath Chaturvedi:2002(3) CCC 517 (SC)
http://indiankanoon.org/doc/1697375/


Video Conferencing-Query
viewtopic.php?f=47&t=11933#p81250


Last edited by srkraidu on Tue Jan 28, 2014 5:31 am, edited 1 time in total.



Sun Jan 12, 2014 3:53 am
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Posts: 1987
skkapoor
You shall have to procure such evidence in the court to keep yourself at bay from any such backouts by the wife regarding her salary or the professional income that she is earning. Moreover, with regard to your second query that is showing the video as evidence I would like to bring it to your notice that yes such evidence can be used to show that your wife is earning enough income to support a healthy lifestyle. Moreover, I would advice you to gather some more proofs so as to ensure that your wife is not able to lie in court and thus will make sure that you will have to pay minimum maintenance.

Evidences to submit in court for maintenance
viewtopic.php?f=46&t=12631#p80933


Sun Jan 12, 2014 12:21 pm
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Joined: Tue Apr 13, 2010 8:38 am
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The Prohibited Degrees in Marriage: The Special Marriage Act

viewtopic.php?f=15&t=12680


Mon Jan 13, 2014 2:34 pm
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Joined: Tue Apr 13, 2010 8:38 am
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Sankalp (sk) kapoor:
" Court admits photograph generally as a secondary evidence.

Section 63 in The Indian Evidence Act, 1872
63. Secondary evidence. Secondary evidence means and includes--
(1) certified copies given under the provisions hereinafter contained; 1[
(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.

For challenging the authenticity of the photograph you can resort to opinion of expert under Section 45 of Indian Evidence Act so that the court can come to a conclusion whether the photographs are forged or not and court may ask for corroborative evidence from her in support of photograph.

Moreover, at this juncture it must be kept in mind that it is upto the courts to accept the opinion of the experts or to reject it. The Andhra Pradesh HC decision in the case of M. Ramesh Babu, S/O M. Sreeramulu, vs M. Sreedhar, S/O Mulbagal (Civil Revision Petition No. 5407 of 2008) shall be of relevance to you in this case i.e., the discretion of court as to accept or reject the opinion of the experts.

how court admits a photograph as proof.
viewtopic.php?f=46&t=11985


Tue Jan 14, 2014 5:47 pm
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Dear Renu, first of all your marriage is not legal in the eyes of the law and is void ab initio. Since you have married while the previous marriage of the guy was still subsisting and his wife from first marriage was still alive.
As per Section 11 of the Hindu Marriage Act, 1955
11. Void marriages.-
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

5. Conditions for a Hindu marriage.-
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
1[(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 2[***];]
(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Renu your marriage comes under the purview of section 5(1). Thus, it is a void marriage.Don’t worry he cannot file any case against you if you change your city. As your marriage is void marriage you don’t have to take divorce from him. You can marry other guy without taking divorce as there is no meaning of your present marriage. But in the light of facts and circumstances of your case you shall take a sound legal advice from a lawyer to ensure that this marriage of yours though it is void ab initio shall not trouble you later in your life.

_________________
Regards,
Sankalp Kapoor
http://www.lawkonect.com
9555507507

Marry to Already married Man..need help
viewtopic.php?f=45&t=12053#p81421


Tue Jan 14, 2014 6:11 pm
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Joined: Tue Apr 13, 2010 8:38 am
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The appeal period starts from the date of order or the date when the order was made available.Section 28(4) of HMA Every- appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.Period of limitation starts from the day on which the order copy is made ready or available.For example A applies a copy application on 02.01.2010 to obtain a Judgement passed by the Court on 01.01.2010 and the copy of the Judgement is made ready on 07.01.2010.Then the period of limitation for Appeal sarts from 07.01.2010.

The meaning of order copy made : When the Court passed the Judgement.Copy application is made to obtain the Judgement copy on the very same day or next day to obtain the order of the Judgement in the above example the date 02.01.2010

No, It is not necessary that the court will quash the DV proceedings against you. It is many a times dependent on the discretion of the courts so I advice you to fight the DV case on its merits if you are sure of your innocence and apply for quashing of FIR u/s482 of CrPC. I will also opine that you should try to procure some evidence to prove in a court of law that you were not at fault and ensure that you win the case on merits.
_________________
Regards,
Sankalp Kapoor

Need Clarification wrt Appeal Period after Divorce

viewtopic.php?f=45&t=12636#p81024


Wed Jan 15, 2014 3:37 pm
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
SKK:
if you alongwith your wife are living in your parents's house they can file a civil injunction against your wife. An injunction is a court order that bans an individual or group of people from a specific behavior. For example, the most common type is a restraining order, which prohibits a person who has either posed a physical or emotional threat to another from having any contact with that person. Additionally, the order may include actual measurements of how close a threatening person may come toward the person threatened. Violation of an injunction of this type may mean immediate arrest. The civil injuction will restrict her to enter from your parent's house. When she comes back your parents can just show her the court order.
Moreover, i will also like to bring it to your knowledge that SC in a recent judgment (S R Batra V Taruna Batra [AIR 2007 SC 1118] ) has held that a daughter in-law has no right of residence in her in-laws property and only a right in her husband's property. Witrh regard to the CAW Cell mediation the Delhi HC in a recent judgment has held that it is not mandatory to attend the counselling but i will advise you to attend those mediation as courts draw averse opinion of the husband at a later stage if the husband doesn't turn up at those counselling. In case you have a valid reason for your absence you can apply for such to get an exemption.

Wife forces herself into home
viewtopic.php?f=1&t=12290#p81462


Wed Jan 15, 2014 3:42 pm
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SKK:
The appeal period starts from the date of order or the date when the order was made available.Section 28(4) of HMA Every- appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.Period of limitation starts from the day on which the order copy is made ready or available.For example A applies a copy application on 02.01.2010 to obtain a Judgement passed by the Court on 01.01.2010 and the copy of the Judgement is made ready on 07.01.2010.Then the period of limitation for Appeal starts from 07.01.2010.

The meaning of order copy made : When the Court passed the Judgement.Copy application is made to obtain the Judgement copy on the very same day or next day to obtain the order of the Judgement in the above example the date 02.01.2010

No, It is not necessary that the court will quash the DV proceedings against you. It is many a times dependent on the discretion of the courts so I advice you to fight the DV case on its merits if you are sure of your innocence and apply for quashing of FIR u/s482 of CrPC. I will also opine that you should try to procure some evidence to prove in a court of law that you were not at fault and ensure that you win the case on merits.

Need Clarification wrt Appeal Period after Divorce
viewtopic.php?f=45&t=12636#p81465


Wed Jan 15, 2014 11:53 pm
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After getting bail if the women police inspector is threatening you that you should return all her belongings otherwise she will cancel your bail, you shall be assured that she cannot cancel your bail in regard to the case unless there has been any unlawful deed by you. There is no provision in the Code declaring the order of bail granted earlier to stand automatically cancelled. It needs a positive order of cancellation. Such an order of cancellation can be made only after due notice to the accused. The grounds on which such cancellation can be made and the circumstances under which such power of cancellation of bail can be exercised need not be gone into in a petition.
It is well settled that the grounds for cancellation of bail under Section 437(5) and 439(2) of Criminal Procedure Code are identical, namely, bail granted under Section 437(1) or 439(1) of the Code can be cancelled broadly when one or more of the following conditions are fulfilled:
(i) The accused misuses his liberty by indulging in similar activity,
(ii) Interferes with the Course of investigation,
(iii) Attempts to tamper with the evidence,
(iv) Threaten witnesses or indulges in similar activities which would hamper smooth investigation,
(v) There is liklihood of the accused fleeing away to another country.
(vi) Attempts to make himself scare by going underground graver offence.
Of course, the police can approach the appropriate court seeking cancellation of bail and for sufficient grounds, if the court so cancels the order of bail granted earlier, it goes without saying that thereafter, the police can arrest the accused. The police must seek an order from the court for cancellation of bail already granted to a person." (iii) Again, the Rajasthan High Court in Gheesya and others v. State of Rajasthan, 1989 (1) III Crimes 524. If police denies you bail, you can request bail before a Resident Magistrate.

_________________
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Sankalp Kapoor
http://www.lawkonect.com
9555507507

Can inspector cancel my bail in 498a after remand?
viewtopic.php?f=11&t=12468#p81570


Thu Jan 16, 2014 10:45 am
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Fri Jan 17, 2014 12:21 am
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How to get restraint order?

A Restraining Order is a court order intended to protect you from further harm from someone who has hurt you to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record. A restraining order is a court order directing someone to do or not do certain things. It's a piece of paper a judge signs stating the terms someone must follow or else risk legal consequences.

When you first get protection under the law, it is only temporary. The order is called a T.R.O. for Temporary Restraining Order. You must return to court on the date indicated in the T.R.O., which will be about 10 days later. Both you and the abuser will be asked to appear in court on that date. During the 10-day period, the police will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled. Keep a copy of the order with you and give a copy to the police in any town where you think the abuser might bother you.

In the light of facts and circumstances of your case it is undoubtedly the best time to go for a restraint order as if your wife keeps on calling you and your company in a similar manner it may surely result in loss to your reputation at your workplace. I would advice you to take an advice from an experienced lawyer so that a civil injunction to the effect can be effectuated at the earliest against your wife.

_________________
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Sankalp Kapoor
http://www.lawkonect.com
9555507507

viewtopic.php?f=11&t=12501#p81591


Fri Jan 17, 2014 12:42 am
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SKK:
Legally a photocopy or a copy would also be a valid document in case the same is placed with the leave of court The legislature has used the word original only in Order 13 Rule 1 of CPC, which reference to documents is not necessarily to the original documents and thus includes copies within the document.
Section 62 of Evidence Act states that :- "62.Primary Evidence- Primary evidence means the document itself produced for the inspection of the court." Original documents are only intended to be produced i.e. to be given inspection of while the copies are to be filed.

Evidence Act Sec 63, 65 - secondary evidence Admissibility document in question admittedly photocopies- no possibility of said document being compared with the original as same is with another person- wherein conditions in Sec 65(a) are not satisfied document cannot be accepted as secondary evidence ( AIR 2007 SC 1721)

Supreme Court, Bench: P Sathasivam, B Chauhan Civil AppealNo. 6956 of 2004 H. Siddiqui (dead) by Lrs. ..Versus A. Ramalingam. March 4, 2011(AIR 2011 SC 1492) Provisions of Section 65 of the Act 1872 provide for permitting the parties to adduce secondary evidence. However, such a course is subject to a large number of limitations. In a case where original documents are not produced at any time, nor, any factual foundation has been led for giving secondary evidence, it is not permissible for the court to allow a party to adduce secondary evidence.

Thus, secondary evidence relating to the contents of a document is inadmissible, until the non production of the original is accounted for, so as to bring it within one or other of the cases provided for in the section. The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. Mere admission of a document in evidence does not amount to its proof. Therefore, the documentary evidence is required to be proved in accordance with law.

filing of documents in High court
viewtopic.php?f=11&t=12435#p81590


Fri Jan 17, 2014 12:45 am
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If both parties remain able to negotiate amicably after a separation then a settlement may be able to be drawn up without having to use the courts.The girl's party has apparently agreed for settlement outside court. If you are drawing up a settlement in this way, there are many factors you will need to take into account:
1. the well-being of any children
2. any outstanding debts or liabilities that you or your former spouse might have
3. the value of any property owned, whether joint or individually
assets held by either party
4. financial obligations and responsibilities of each party
pension arrangements
5.comparative earnings and earning potential of the spouses
physical or mental disabilities
6. contributions made to the marriage by either party, financial or otherwise
During the meeting, they may consider the above factors. Yes this could be a trap that they might be planning or might ask for an unrealistic amount which you cannot fulfill. The settlement of maintainance would be settled it may be a lumpsum amount or paid in installement. I would advice you to take an advice from a lawyer highly experinced in this very field and enter into a MoU which will be a documented proof of the settlement and the rights and liabilities of both the parties that may arise out of the settlement.

Points to consider for settlement outside court
viewtopic.php?f=11&t=12121#p81586


Fri Jan 17, 2014 12:46 am
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siranjeet
2 yr desertion is for divorce decree
just desertion is sufficient for RCR decree
just desertion is debar ex wife for maintenance u/s 125 crpc
if desertion is proved beyond reasonable doubts



Valid Proofs that Wife has deserted husband
viewtopic.php?f=46&t=11659#p81651


Fri Jan 17, 2014 3:04 pm
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A spouse/civil partner applying to the court for maintenance must establish that the other spouse/civil partner has failed to provide such maintenance as is proper in the circumstances. The court decides what maintenance is proper in the circumstances of each individual case i.e., the maintenance depends largely on the facts and circumstances of each and every case.

Both parents have a responsibility to support their children financially. This applies to all parents, whether married, separated, living together or if they have never lived together. The parent with custody of the children has to take care of them and look after their day-to-day needs. The parent who does not have custody usually has to pay money to the parent with custody. This is to help cover the costs of taking care of the children.

The maintenance which you and your wife are entitled to pay to children is in the ratio of 2:3 [husband:wife]. The salary that shall be considered in case of giving out the maintenance amount to the wife is net salary i.e., the in hand salary, according to the courts the husband shall be allowed to get atleast 60% of his income to keep with him for his own expenditures. In your case as 33% of your salary has been asked to be paid as the maintenance cost it can be said that you can challenge the decree of the lower court in a higher court as the share of the salary allowed for maintenance is very close to the upper limit that has been allowed by the apex court as the maximum possible maintenance.

How much maintenance
viewtopic.php?f=46&t=12642#p81054


Fri Jan 17, 2014 4:12 pm
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Siranjeet:
Concealment of age and mental state by wife and is fraud as held in

Som dutt vs Raj kumari:1985 (2) HLR 608 (PB HC)

http://indiankanoon.org/doc/149059/

must read all judgments before taking any step and few are as under

swaran lata vs sukhvinder kumar: 1986 (1) HLR 363 (PB HC)
Rachna Anand vs Ravinder anand :1983 HLR 495 (DEL HC)


http://www.498a.org/forum/viewtopic.php?f=45&t=13361#p87414

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Sun Apr 27, 2014 3:11 am
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Order XI !!! (INTERROGATORY Provisions in a Civil Suit)

aturchatur:
For newcomers, let me tell that , when your wife files a civil suit & you know that she is lying & you can catch her falseness, then simply type an application u/o XI CPC & ask questions from her is detailed manner like time, date of incident, etc etc related to her claims.

REMEMBER, If she can trap you in provisions of CIVIL SUIT then you can also trap her in provisions of civil suit. Do NOT bend, just mend your ways & ATTACK THE OPPONENTS with your questions.

http://www.498a.org/forum/viewtopic.php?f=46&t=13472#p88079


Mon May 19, 2014 5:02 am
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Victim999:

1. US Department of State Travel Warnings about 498a:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html
linked is outdated but 498a.org has a cached screenshot of 498a section. However, generally speaking a whole copy of the Travel Warning would be more authoritative so people don't think other portions are hidden on purpose. Do you or someone you know happen to have the entire copy by any chance? I searched "Sunil1234" in the forum as you mentioned, but in vain.

2. Canadian Government Travel Warnings about 498a:
--Could not find--

3. World health organization on Eldery Abuse in India due to 498a:
http://whqlibdoc.who.int/hq/2002/WHO_NMH_VIP_02.1.pdf
http://apps.who.int/iris/bitstream/10665/67371/1/WHO_NMH_VIP_02.1.pdf?ua=1


Fri May 23, 2014 6:11 am
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Another good link. Has many notable judgement. This guy seems to be dedicated to justice Dhingra and did good to honour a category on his name.
https://ipc498a.wordpress.com/category/dhingra/


Sat Jun 07, 2014 6:13 am
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Hello sir,

Our family is fit into serious trouble by my elder brother and his wife for greediness and property.

My brother and his wife fitted me, my mother and my wife in to 498a, 506,340, 3&4 dp act sections for blackmailing and snatching my mothers property.

My brother and his wife influenced Police and fitted above sections on us. Police instead of investigating the real facts and truths blackmailing my mother to give property or else we will be put behind the bars and
will prepare charge sheet against us. Hence we got feared of arrest and took bail.

I have few doubts please clarify?

1) My brother and his wife got married in 2005, Now its 9th year for there marriage. Can she complain
498a after 9 years of marriage?
2) Husband is not involved in these cases, How these cases will be registered without husband?

Please help me on how to fight back on this false allegation, my mother is suffering mentally and physically in this inhuman game played by my brother, his wife just for property of my mother.

Thanks in advance,
Vivek


Sat Aug 23, 2014 10:49 am
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This thread is being maintained for special purpose and not for addressing queries. Please don't scoop into some one's thread or post. Open your own post, procedure given for opening a new post in preface - page 1 of Repository.

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Mon Aug 25, 2014 6:41 am
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Mockery of Judiciary By Delhi HC Judge PRADEEP NANDRAJOG
http://supari.org/pradeep-nandrajog#sthash.hCJbdnLk.dpuf


Thu Sep 04, 2014 9:41 am
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Complain to BAR Council Against a Lawyer
mynation.net/docs/bar-council/


Thu Sep 04, 2014 9:50 am
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Proper use of Sec 125 (1)
For people with high Salary who are expecting Maint cases and cannot show less Salary or afraid that the employer might be asked by court to cut Maint from Salary.
Ask your parents to put a suit for Maint u/s 125 (1). Yes 125 (1) can also be used by parents. Let them ask 35% of your take home Salary (or more as need be) for monthly expenses incl medical needs in old age. Let them put a suit and ask for fast dates as for senior citizens.
You go to court on first date and apologize to parents in court and agree to the amount and have it ordered in the first date itself and let the case be decided in their favor.
Leave only 10K for yourself after this. Let wife go to any court anywhere in !ndia but she will not get a penny more than 3K if case fought properly. The max the judg3 can give her even if he/she is her relative is 5K. If any amount more than 5K is given you can approach HC and the amount will be limited to a low sum.
After this sit and relax and enjoy your Salary. B!tch apni puri takat bhi laga degi to $he will not be able to milk you to p@y for her case expenses beyond limit.


Sat Sep 06, 2014 1:51 am
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vs37
http://www.498a.org/forum/viewtopic.php?f=57&t=13914#p91540

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 23

Case :- HABEAS CORPUS No. - 594 of 2012

Petitioner :- Smt.Chawali
Respondent :- State Of U.P.And Ors.
Counsel for Petitioner :- K.K.Tewari,Amrendra Kumar Singh,Anil Kumar Tripathi,Km. Vishwa Mohini,Satyendra Nath Rai,Vimal Kumar
Counsel for Respondent :- G.A.,Atul Verma,Shishir Pradhan

Hon'ble Sudhir Kumar Saxena,J.
(1). (C.M. Application No. 33531 of 2014 )
Ram Kishore has filed supplementary affidavit stating therein that he is father and guardian of the detenue and she is aged about 15 years.
Superintendent, Observation Home, Sitapur is directed to produce Sapna D/o Ram Kishore on the next date.
(2). (C.M. Application No. 47007 of 2014)
Supplementary affidavit has been filed annexing therewith copy of marriage certificate as well as photographs of marriage. In the marriage certificate, age of girl is said to be 24 years.
Superintendent, Observation Home, Sitapur is directed to produce Ram Kumari alias Komal before this Court on the next date.
(3). (C.M. Application No. 33188 of 2014)
Smt. Ramrati has appeared alongwith her mother Smt. Ram Janki and her counsel Sri Saqib Siddiqui in Court.
On being asked, she stated that she does want to go with Ram Gopal and she will stay with her mother. Consequently, application for seeking her custody is liable to be rejected.
Application is accordingly rejected.
(4). Ketki is carrying a pregnancy of 09 months. As ordered earlier, a sum of Rs.25,000/- deposited through Bank Draft has been filed in this Court which is payable to Ketki.
Since Ketki is major and pregnant, in order to ensure safe and conducive delivery and post delivery care, I direct Superintendent, Protective Home to set her free to go to the place of her choice.
Bank Draft will be retained by Superintendent, Protective Home till further orders.
(5). Shiv Kumari has been produced by Superintendent, Protective Home, Lucknow. According to Medical Board, she is aged about 18 years.
However, she is not giving the address of her parents, as such, no order can be passed today.
Superintendent, Protective Home is directed to trace her parents so that the correct facts may be brought on record.
(6). Case of Smt. Laxmi will be considered on the next date.
(7). Sabina has been produced by Superintendent, Protective Home, Lucknow where she was lodged in pursuance of the order dated 18.4.2014 passed by Additional District & Sessions Judge, Court No.8, Raebareli in Case Crime No. 218 of 2014, under Section 363, 366 I.P.C. & Section ¾ of The Protection of Children from Sexual Offences (POCSO) Act, Police Station Jayas, District Amethi. Learned Sessions Judge has sent her to Home as she looked minor. Medical Board found her age to be 18 years. Her case will be considered on the next date.
(8). Chandrawati has been produced by Superintendent, Protective Home, Lucknow where she was lodged in pursuance of the order dated 18.4.2014 passed by Judicial Magistrate-II, Court No.2, Sitapur in Case Crime No. 154 of 2014, under Sections 363, 366 I.P.C., P.S. Sadarpur, District Sitapur. Variance in the age of inmate reported by two Medical Boards is apparent and there is no proof of marriage on record. Her case cannot be considered today.
(9). Sri Sadakant, Principal Secretary, Department of Social Welfare, Government of U.P., Lucknow has filed his affidavit wherein it is stated in Para-8 that:-
"8- That there are other 10 Govt. Women Shelter home established by the Department of Mahila Kalyan in the districts of State of U.P. In the aforesaid shelter homes protection is provided to the women who are victim as well as women who are witness in cases of the Protection of Women from Domestic Violence Act, 2005 and Indian Penal Code."
(10). Similar statement has been made by Sri Ramesh Mishra, Director, Women Welfare, U.P., Lucknow in his affidavit filed today. Para-7 of the affidavit is quoted below:-
"(7) गैर अधिनियम के अन्तर्गत प्रदेश में जरूरतमंद, उपेक्षित, संकटग्रस्त, नैतिक संकटग्रस्त, घरेलू हिंसा से व्यथित महिलाओं को संरक्षण के उद्देश्य से प्रदेश में 10 राजकीय महिला शरणालय मथुरा, मुरादाबाद, बरेली, लखनऊ, कानपूर, इटावा, इलाहाबाद, गोरखपुर, फैज़ाबाद, मेरठ में स्थापित है I "
Government Order dated 6th March, 2011 shows that victims of the domestic violence and victims of offences defined under the Indian Penal Code will be placed in Shelter Home situated at Meerut, Gorakhpur, Lucknow, Faizabad, Moradabad, Allahabad, Mathura, Etawah, Bareilly and Kanpur.
In view of the above, it is manifest that Magistrates who are facing with the problems of sending victims of the offences defined under the Indian Penal Code would sent them to the Government Shelter Home mentioned hereinabove.
Some Magistrates are referring the victims and witnesses of the offences defined under the Indian Penal Code to Government Observation Home, Sitapur and Government Children Home, Lucknow who are not meant for these victims/witnesses. It is hoped that learned Magistrates would take full care in this regard.
Director, Women Welfare, will clarify the position to all the Child Welfare Societies and Superintendent of Shelter Homes of the State.
It is stated in the affidavit filed by Sri Ramesh Mishra, Director that matter of Ms. Bharti Srivastava, Counselor is under serious consideration. It is hoped that a suitable order would be passed soon.
List this petition for further orders on 17.7.2014.
Order Date :- 29.05.2014


Fri Sep 12, 2014 2:34 pm
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One can gift any android phone to his wife to keep an eye on her...

1) Intall auto call record app in it. Hide the app or there are application which looks like battery etc. Application sends the the recorded voice to mail ID or stores in its website... one can listen the same from there

2) Make the app record from both "mike" and "speaker" to get the voice of both the ends through settings.

3) Make default storage "ext SD Card". Try to lock the SD Card... Many phones do not have this function... Get this done in a mobile shop.

Most of auto call record apps are free of cost

If not :::: Almost all (mostly) chinese sets have auto call record function...

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

If you carry anroid phone and want to record what is happening inside the house...


Get spy cam installed in the handset::::

1) These functions work after locking your phone also... nobody will be able to notice that you are recording... But most of the apps record for max 3 min which are free of cost... I found and app which records for around 55 min and is free of cost...i.e. SC (OS) ... Spy Cam (Open Source)... although if one needs to record for more than this will have to buy full/pro version.


If anyone has any other details pls post it here...

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Fighting_Back

""!!!""Failure lies not in falling down. Failure lies in not getting up""!!!""


Wed Sep 24, 2014 6:48 am
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NICE INFORMATION


Sat Oct 04, 2014 10:17 pm
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Judgement - Seeking transfer of cases where violence expected in different city

Rajasthan High Court
Bhopal Singh And Ors. vs The State Of Rajasthan on 2 August, 2000
Equivalent citations: 2001 CriLJ 912, 2001 (1) WLN 166
Author: N Mathur
Bench: N Mathur, A Singh
JUDGMENT N.N. Mathur, J.

http://www.498a.org/forum/viewtopic.php?f=16&t=14183#p94462


Sun Oct 05, 2014 7:37 am
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Welcome to the Indian Crimes Against Fathers Web Site
Minimize
This site is under construction. 2011-10-18.

Registration is ONLY open to those men who meet the following criteria.

You are a father. Or, like me, a former father.

You wish to assist other FATHERS put an end to crimes against fathers in India.

You are an honest man of honour and integrity.

You are giving your word that you WILL sit on juries and fairly and justly judge any person brought before you on trial based on an accusation on an affidavit that is signed by the accuser under penalty of perjury and full commerical liability. If you are not willing to do that? Please do not waste our time.


Return to CAF Global: http://www.crimesagainstfathers.com


Wed Oct 08, 2014 2:59 pm
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@ gbanerji - Thu Oct 16, 2014 6:04 pm
if you are on open internet use the site google-proxy.net and use it in your browsers proxy settings

akash.innovative - Mon Oct 13, 2014 9:55 pm
Hi, I am unable to access the the forum while in home network. Only messages link work. While in office network, I can access the complete site -all topics and posts. Tor Browser is banned on my laptop as it’s the office machine. Please suggest some measure!!


Thu Oct 16, 2014 1:34 pm
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very nice and useful information. will utilize it


Fri Oct 31, 2014 4:14 am
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Anticipatory Bail not required for 498a
Do not go for Anticipatory Bail -you can surrender in front of any Magistrate

In the cases of 498a with D.P.act, it is very much surprising that the accused persons immediately runs for the anticipatory bail from the high court and session court U/s 436cr.p.c. and most of the lawyers also advise them to do so knowingly that to get the anticipatory bail is a difficult task and specially for the husband. Also mean while the accused persons and their family suffers from the pressure of the police.


Todays even the the courts also know that most of the 498A cases alongwith DP act are false and they remains eager to allow the bail of the accused but as the section is non-bailable, they hesisitates to do so on the same day and send the accused to the jail for few days. But in very few cases the bail get reject from the court and even from the lower courts too.




Nice one but all lawyers always say for AB all the time. this is new onei heard. Should Govt employee also surrender himself in this case? he will be under suspension if remain in jail more than 48 hours. what u suggest for govt employee? should they apply AB or surrender???

Thanks




Now the question arises that is there any way for the accused persons which protect them from the jail and from the harashment of the police too? The answer is yes.

In the very important judgements by Hon.supreme court in "Amrawati v/s State" and "Lal kamlendra pratap singh v/s State" lots of important decisions taken and one of them is that "If the accused person surrender himsellf before the court alongwith his bail application,either his bail application disposed of same day and if not possible to the same day,he must not be sent to the jail unnecessory and released on the personal bond till the disposal of the bail application".

So inspite of praying for the anticipatory bail u/s436 cr.p.c., it will be more better, easy and time saving that pray before the high court of any state to pass the direction to the court concern to disposed of the bail application expidiously and in the light of the findings of "state v/s Amrawati" and "State v/s Lal kamlendra pratap singh". By the way,the harashment of the police as well as the wife side can be minimised.


bail not required for 498a case, dont go for bail in 498a cases, do not go for bail in matrimonial laws,
Posted by Anantha Madhav at 10:14 AM[/quote]


Wed Nov 05, 2014 5:46 pm
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nice information will follow each and every point.


Last edited by superman999 on Thu Nov 06, 2014 4:53 pm, edited 1 time in total.



Thu Nov 06, 2014 5:22 am
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dowrydowry & superman999

Question yourself if you guys are posting in right section of the forum....!

Play around the threads which you guys have created & not in "repository"

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“In theory, theory and practice are the same. In practice, they are not.”

http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf

Good Luck


Thu Nov 06, 2014 5:45 am
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Greetings from Save Indian Family Group AP&TS (SIF-APTS)

International Men’s Day is a time for society to reflect on the contributions, sacrifices and progress made by men in society. The objectives of celebrating an International Men's Day include focusing on Men's and Boys' health, improving gender relations, promoting gender equality, and highlighting positive male role models.

International Men’s Day 2014 theme – “Working Together For Men and Boys”.

It is an occasion to highlight discrimination against Men and Boys and to celebrate their achievements and contributions, in particular for their contributions to the Community, National economy, Family, Marriage, and Child care. The broader and ultimate aim of the event is to promote basic humanitarian values.

Following events are planned on the occasion of IMD for this year by SIF-APTS:



Details of the IMD 2014:

Program: Bike/Car Rally
Venue: Our Meeting Place Public Gardens, Nampally, Hyderabad
Date: 16th Nov'2014
Time: Assembling at 9:00 A.M
Please make it convenient to attend and bring along your family and friends to participate in this activity and to make this event successfull.

For any further clarification or information please contact Mahipal: 9912069573 & Srikanth: 7396937788

Looking forward for your Pariticipation & Activism.

Thanks and Regards,

For SIF-APTS





Save Indian Family Group AP & TS
HelpLine No: 8688 498 498
Website: www.sif-hyd.org.in
Email: sifgroup@sif-hyd.org.in, sifapts@sif-hyd.org.in
Facebook.com/SIFAPTS
Twitter.com/SIFAPTS


Last edited by srkraidu on Sun Sep 27, 2015 6:03 pm, edited 1 time in total.



Sat Nov 15, 2014 10:17 am
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Fighting Back:
False cruelty cases under Section 498A ruining marriages, SC says judgement

http://judis.nic.in/supremecourt/imgs1.aspx?filename=42098

http://www.498a.org/forum/viewtopic.php?t=14467&p=97926


Mon Dec 15, 2014 9:59 am
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Passport for a Minor

Both parents are required whilst making the application for new passport in case of Minor.

How to restrict passport for a Minor ?
You have to be physically present at passport office on appointment date, which your present she won't be able to apply for passport


Thu Jan 22, 2015 7:39 pm
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by santoshk_sahu

CPC has following for discovery of facts and documents. Every party to a suit has right to interrogate. at any stage.

Order XI rule 1 : Application to allow interrogatories

Order XI rule 4: Set of questions that opposite party has to answer under sworn affidavit. Any contradictory statements , incident that cannot be true. Cases were false affidavits are given.

Order XI rule 11 : further set of questions

Order XI rule 14 : direct to furnish documents in possession of opp. party

ORDER -11 RULE-21 : Non-compliance with order for discovery
62[(1)] Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 63[an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]
60[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action

Notice to Admit Documents (O.12, R.3.)
http://www.indianlawcases.com/LForm-NoticetoAdmitDocuments(O12,R3)-176

I find these tools very effective to expose the other party and as well expedite the proceedings. The lawyers play delay tactis and harass other party and by the time one proves certain things as false, husband would have drained hell lot of money.
Since response is to be on sworn affidavit , any contradiction with earlier affidavit will make case of perjury/ contempt of court.

Especially in multiple cases of DV,498a and HMA cases.


Fri Jul 17, 2015 9:14 am
Profile

Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Vibhas:
DV could still be taken a bit seriously. But a lie in civil suits will not attract perjury charges.

https://terminatorak.wordpress.com/category/application-formats/perjury-crpc-340/when-to-file-purjury-crpc-340/

(from link above):
==========
Considerations for sanctioning prosecution:
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.

Running Thread: http://www.498a.org/forum/viewtopic.php?t=14920


Sun Sep 27, 2015 6:23 pm
Profile

Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Husband and Wife must file affidavits detailing income, assets, and expenditures during divorce proceedings
Anantha Madhav at Rights Activism Against Skewed Family Laws - 10 months ago
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th % January, 2015 FAO 369/1996 KUSUM SHARMA ..... Appellant Through : Mr. Rajiv Saxena, Advocate Mr. Sunil Mittal, Amicus curiae versus MAHINDER KUMAR SHARMA ..... Respondent Through : None. WITH FAO 297/1997, MAT.APP. 47/2005, MAT.APP. 64/2007, MAT.APP. 33/2010, MAT.APP. 35/2010, MAT.APP. 124/2010 MAT.APP. 36/2012 & MAT.APP. 8/2013 Present: Ms. Vandana Khurana, Advocate for the appellant in FAO 297/1997 Mr. Devesh Pratap Singh, Advocate for the appellant in MAT 47/2005 Ms. Anu Narula, Amicus Curiae in MAT APP. 47/2005... more »

498a FIR quashed and proceedings emanating there from also quashed
Anantha Madhav at Rights Activism Against Skewed Family Laws - 10 months ago
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 3300/2014 SANDDEP @ SANDEEP KUMAR @ SANDEEP ROHILLA & ORS ..... Petitioners Through: Mr. Charanjeet & Mr. Pavitra Veer Chikar, Advocates versus POOJA & ORS ..... Respondents Through: Mr. Ranvir Singh, Adv. for R-1 Ms. Nishi Jain, APP for State with SI Nitin, PS Nand Nagri CORAM: HON'BLE MR. JUS... more »
Filing false criminal cases - Divorce granted and HC affirms lower court decree
Anantha Madhav at Rights Activism Against Skewed Family Laws - 10 months ago
*IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH* FAO No. 262-M of 2006 (O&M) Date of Decision: 26.2.2015 Dr.Anita Rani ….Appellant. Versus Dr.Suresh Kumar … Respondent. CORAM:- HON’BLE MR. JUSTICE AJAY KUMAR MITTAL. HON’BLE MRS. JUSTICE SNEH PRASHAR. PRESENT: Mr. Ashwani Talwar, Advocate for the appellant. Mr. A.... more »
No automatic arrests under DUBIOUS dowry law - Supreme Court
Anantha Madhav at Rights Activism Against Skewed Family Laws - 1 year ago
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) ARNESH KUMAR ..... APPELLANT VERSUS STATE OF BIHAR & ANR .... RESPONDENTS J U D G M E N T Chandramauli Kr. Prasad The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (hereinafter called as IPC) and Section 4 of the Dowry Prohibition Act, 1961. The maximum se... more »

All about being a LAWYER
Anantha Madhav at Rights Activism Against Skewed Family Laws - 1 year ago
*All about being a Lawyer* “A lawyer with his briefcase can make more money than a burglar with a gun, if he has a sharp wit and intelligence.” – Marion Puzo in The Godfather. The first thing that will strike you about lawyers – you speak to them and you will see that they are cautious. Law is the set of rules which governs the behaviour of person, companies, the government at the center and states and any other entity. The offending party can be punished under the rule of law. Unlike modern careers such as those related to mana... more »

Disciplinary Action for Misconduct
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) IMPHAL BENCH WRIT PETITION (CIVIL) NO.297 OF 2002 Shri Mutum Shantikumar Singh S/o M. Jugindro Singh of Tronglaobi Awang Leikai P.,O. and P.S. Moirang, District Bishenpur, Manipur. . . . . . . PETITIONER - VERSUS – 1.The Union of India through the Secretary, Ministry of Home Affairs... more »
Filing a False Case is Cruelty

Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FAMILY COURT APPEAL NO.12 OF 2002 Monindarpalsinha N. Kochar, age 50 years, Occupation – Service, R/o.4/15, Anand Housing Society, Shankar Seth Road, Pune 37. .. Appellant Versus Jyotindar Kaur Mohindarpal N.Kochar, age 42, Occ: Business, R/o.Kalyan Sing Sahani, RB 11/1 Salunkhe Vihar, Kondhwa, Pune 38. .. Respondent Ms Neeta Karnik for the appellant. Shri D.P.Guchiya for the respondent. CORAM: R.M.S.... more »

PIO must provide a readable copy
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
Central Information Commission Appeal No.CIC/WB/A/2008/00423-SM dated 26-07-2007 Right to Information Act-2005-Under Section (19) Dated: 30 September 2009 Name of the Appellant: Shri Deepak Verma R/o. WZ-347, Nangal Raya, Jail Road, New Delhi. Name of Public Authority: CPIO, O/o D.C.P., South West District, New Delhi. The Appellant was pre... more »

it was not necessary that in all cases the accused must answer by personally
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
*Supreme Court of India* PETITIONER: BASAVARAJ R. PATIL AND OTHERS Vs. RESPONDENT:STATE OF KARNATAKA AND OTHERS DATE OF JUDGMENT: 11/10/2000 BENCH: S.N.Variava, K.T.Thomas JUDGMENT: L.....I.........T.......T.......T.......T.......T.......T..J J U D G M E N T THOMAS, J. Leave granted. When a criminal court completes prosecution evidence (other than in summons cases) is it indispensably mandatory that the accused himself should be questioned? Can not the court allow the advocate to answer such questions on behalf of the accused... more »

evidence in criminal matters, can also be by video conference
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
*Supreme Court of India* CASE NO.: Appeal (crl.) 476 of 2003 Appeal (crl.) 477 of 2003 PETITIONER: The State of Maharashtra P. C. Singhi RESPONDENT: Dr. Praful B. Desai Dr. Praful B. Desai and another DATE OF JUDGMENT: 01/04/2003 BENCH: S.N. Variava & B.N. Agrawal JUDGMENT: J U D G M E N T (Arising out of SLP (Crl.) No. 6814 of 2001) (Arising out of SLP (Crl.) No. 6815 of 2001) Variava, J. 1. Leave granted 2. Heard parties 3. These Appeals are against a Judgment of the Bombay High Court dated 23rd/24th April ... more »

Spouse Salary to disclose to another Spouse
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
CENTRAL INFORMATION COMMISSION (RoomNo.315, B-Wing, AugustKrantiBhawn, BhikajiCamaPlace, New Delhi-66) File No.CIC/AD/A/2012/003341-SA (Jyoti Seherawat Vs. Home (General) Dept., GNCTD) Appellant : Ms.Jyoti Seherawat Respondent : Home (General) Department Date of hearing : 7.1.2014 Date of decision : 7.1.2014 Information Commissioner : Prof. M. Sridhar Acharyulu ... more »

High Courts do not have jurisdiction over conusmer cases
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
* REPORTABLE* IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION S.L.P.(C) No.24228-24229 of 2012 (CC Nos. 12891-12892 of 2012) Cicily Kallarackal …Petitioner Versus Vehicle Factory …Respondent O R D E R 1. These special leave petitions have been filed against the impugned judgments and orders dated 16.9.... more »
administrative difficulties & short of human resources cannot be reason for denying information
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
*Madras High Court* W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009 DATED : 07.01.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU Public Information Officer/ Dy Commr of Archives and Historical Research, Tamil Nadu Archives, Egmore, Chennai-8. .. Petitioner Vs. 1.State Chief Information Commissioner, TNIC, Kamadhenu Super Market 1st Floor, Teynampet, Chennai-18. 2.-do- 3.S.Thanuskodi, M.D. Kandamanur Zameen Wealth Developer, Madura... more »

Information from non-Public Authority can be obtained directly u/s 2(J) & 2(F)
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
CENTRAL INFORMATION COMMISSION Complaint No.CIC/WB/C/2006/00302 dated 27.12’07 *Right to Information Act 2005 – Section 18* Appellant: Shri Jarnail Singh, Respondent: Registrar, Coop. Societies, GNCT, Delhi. *Facts* By an application of 10-11-2006 Shri Jarnail Singh of Pitampura, New Delhi applied to the Registrar of Cooperative Societies (RCS) as follows: “As per the DDA order No. F-23(23)81/Bldg. Dy. 6616 dated 9.3.92, sealing and demolition orders 4 March, 1992 by Director ... more »

RTI Application to be transferred to appropriate Public Authority
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
CENTRAL INFORMATION COMMISSION Appeal No. CIC/WB/A/2006/00365 dated 5.6.2006 Right to Information Act 2005 – Section 19 Appellant: Shri Shyam Singh Thakur Respondent: Deptt. of Science & Technology. Facts: Shri Shyam Singh Thakur of Shahpura, Bhopal applied to PIO, Deptt. of Science & Technology on 5.1.06 seeking the following information : 1. How many Projects on “Aapda Anusandhan” have been proposed and sanctioned, which will be getting financial assistance of the Govt. of India. Detailed... more »

exemption u/s 8(1) cant be applied if information is 20 yrs old
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
CENTRAL INFORMATION COMMISSION BLOCK IV, OLD JNU CAMPUS, NEW DELHI 110067 Appeal No.37/ICPB/2006 June 26, 2006 In the matter of Right to Information Act, 2005 – Section 19. Appellant: Shri S.R. Pershad, Dy. Director of Supplies, DGS&D. Public Authority: Directorate Gener... more »

Applicant address need not be personal to file RTI
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
*CENTRAL INFORMATION COMMISSION* No. CIC/OK/A/2006/00050 Dated, the 22nd August, 2006 Name of Appellant: Shri Bibhav Kumar E-169, Shanti Marg, West Vinod Nagar, Delhi Name of Public Authority: University of Delhi, Delhi * ORDER* *Brief Facts:* In response to ... more »

Admission of dues of maintenance cant be contempt
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR CONTEMPT No. 1308 of 2006 SPECIAL CIVIL APPLICATION No. 8143 of 2005 USHABEN CHANDUBHAI RAVAT & 1 - Applicant(s) Versus CHANDUBHAI BHIKHUBHAI RAVAT - Opponent(s) Appearance: MR MR PRAJAPATI for Applicant(s) : 1 - 2. MR HARSHADRAY A DAVE for Opponent(s) : 1, CORAM: Hon’ble Mr. Justice D.A.Mehta & Hon’ble Mr. Justice Z.K.Saiyed Date: 27/03/2008 ORAL: ORDER (Per : HONOURABLE MR.JUSTICE Z.K.SAIYED) 1. The applicant has preferred this applicatio... more »

all documents including the correspondence between parties should decide whether there was case made out or misused
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C. No. 98 of 2006 02.03.2007 Date of Decision: March 02, 2007 Smt. Sangeeta Kalra .......Petitioner Through : Mr. G.D. Gandhi, Advocate Versus State .........Respondent Through : Ms. Richa Kapoor, Advocate. CORAM: JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2.To be referred to the Reporter or not? Yes. 3.Whether the judgment should be reported Yes. in the Digest? :SHIV NARAYAN DHINGRA (Oral) 1. This is a petition under Section 482 Cr. P.C. for quashing of FIR No. 518/200... more »

498a quashed when criminal justice system is misused as tool to settle scores
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(Crl.) No. 1217/2007 and Crl.M.A.No. 10498/2007 Reserved on: 17.9.2007 Date of Decision: 09.10.2007 Harvinder Singh Khurana and Ors. .......Petitioners Through : Mr. Atul Sharma, and Mr. Raghunath Menon, Advocates Versus $ The State (NCT of Delhi) and Anr. ........ Respondents Through : Ms. Mukta Gupta, and Ms. Rajdipa Behura, Adovates CORAM: JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of... more »
Criminal law (498a) can not be allowed to be used to settle the personal scores
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(Crl.) No. 957/2003 Reserved on: 22.08.2007 Date of Decision: 12.09.2007 Kanchan Gulati and Anr. .....Petitioners Through: Mr. S.S.Gandhi, Sr.Advocate with Mr. Vishal Gosain, Advocate Versus The State and Ors. . ......Respondents Through : Ms. Mukta Gupta, Advocate for State Mr. Rahul Goyal, Advocate for R-4 CORAM: JUSTICE SHIV NARAYAN DH... more »

Parents/Accused staying separately - quashed
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7th DAY OF FEBRUARY 2008 BEFORE THE HON’BLE Dr. JUSTICE K. BHAKTHAVATSALA CRIMINAL PETITION No. 1289/2006 BETWEEN: 1. Shivakumar Shetty, S/o. T. Vittal Shetty, Major, 2. Balasubramnya Shetty, S/o. T. Vittal Shetty, Major, 3. Sri. Jeenendra Shetty, S/o. T. Vittal Shetty, Major, 4. Niranjan Shetty S/o. T. Vittal Shetty, Major, 5. Shalika Shetty W/o. Niranjan Shetty Major, A1 – A5 are R/o. ‘Sri Vasuki’... more »

RTI under CPA – Intepretations of Supreme Court Judgments
Anantha Madhav at Rights Activism Against Skewed Family Laws - 2 years ago
*RTI under CPA – Intepretations of Supreme Court Judgments * *National Seeds Corpn. Ltd Vs Madhsudhan Reddy & anr * 21. Sec. 3 declares that provisions Consumer Act shall be in addition to & not in derogation of provisions of any other law for time being in force. Sec. 9 provides for establishment of Consumer Forums at Dist., State & National level. Sec. 11 relates to jurisdiction of Dist. Forum. Sec. 12 prescribed manner in which complaint can be filed before Dist. Forum & procedure required to be followed for entertaining same. Once complaint is admitted, ... more »

Divorced women cant use x-name
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8954 OF 2009 Neelam Dadasaheb Shewale .. Petitioner Mr. Milind N. Jadhav i/b Mr. Sagar G. Talekar for the Petitioner. Vs. Dadasaheb Bandu Shewale .. Respondent Mr. R. T. Lalwani for the Respondent. Bench: R. S. Dalvi CORAM : MRS. R. S. DALVI, J. DATE : 17TH FEBRUARY, 2010 JUDGMENT: 1. This writ petition challenges three interim orders passed in MJ Petition No.A1633/97 which was for enhance... more »

G.O. to stop P.F. even after retirement of 498a Public/Govt. Servant (out-laws or in-laws)
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Circular Memo.No.3026/18/A2/Pen.I/99 Finance & Planning (FW.Pen.I)Dept., dated 1-6-1999 : *Disciplinary proceedings under Rule 9 of Revised Pension Rules, 1980 can continue after retirement even where there is no pecuniary loss to Government * Subject Heading: Retirement — continuation of proceedings ***** According to sub-rule(1) of rule 9 of the A.P.Revised Pension Rules 1980, inter-alia, empowers the Government reserves to themselves the right of withholding pension or gratuity or both... more »

sections which attracts corruption against 498a Public/Govt. servants (out-laws or in-laws)
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
(1) “Action” means any action taken by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly; (2) “Allegation” in relation to a public servant includes any affirmation that such public servant- (a) has indulged in misconduct, if he is a government servant; (b) has indulged in corruption (3) “complaint” includes any grievance or allegation or a request by whistleblo... more »

Absence petition for hearing opportunity under RTI - First Appeal
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
*Absence petition for hearing opportunity - RTI First Appeal * Date: From Name Address To, Name Adress Sir, Ref: Appeal No.3/Secy. to VC-Peshi-5678/RTI Act/2012 – Date 18-07-2012 Adverting to the reference cited above, I thank you for the hearing opportunity given to me. However, I cannot be present at the time and place as shown on the notice of hearing. I prefer my appeal on the following grounds: 1) The PIO did not furnish the information as asked. 2) The PIO, instead of furnishing information, has repudiated his obligation through his reply by submit... more »

Divorce to wife for filing 498a false case & using filthy language amounts to cruelty - Dr. Seema vs Dr. Alkesh Chaudhary
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Delhi High Court Dr. Seema vs Dr. Alkesh Chaudhary on 31 January, 2011 Author: Kailash Gambhir IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 01.11.2010 Judgment delivered on: 31.01.2011 MAT APP No. 19/2004 Dr. Seema ......Appellant Through: Mr. R.K. Kapoor and Mr.Varun Kumar Advs. Vs. Dr. Alkesh Chaudhary ......Respondent Through: Mr. Ajay Goswami with Mr. Diwakar Singh, Advs. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the jud... more »

divorce to wife for cruelty - A. Viswanathan vs G. Lakshmi
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Madras High Court A. Viswanathan vs G. Lakshmi @ Seetha on 20 November, 2006 DATED: 20/11/2006 CORAM: THE HONOURABLE MR. JUSTICE R. BALASUBRAMANIAN AND THE HONOURABLE MR. JUSTICE V. DHANAPALAN C.M.A. (NPD-B) No.1558 of 2000 and C.M.P. No.21256 of 2004 = = = = =f A. Viswanathan .. Appellant Versus G. Lakshmi @ Seetha .. Respondent = = = = =f Civil Miscellaneous Appeal filed under Family Courts Act, 1984, against the judgment and decree passed in F.C.O.P. No.215 of 1997 by the I Additional Judge, Family Court, Madras on 23.04.1999. - - - For appellant : Mr. S. Parthasarathy,...

Divorce to wife for suicide threats amounts to cruelty - Pankaj Mahajan vs Dimple @ Kajal
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Supreme Court of India Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 Author: P.Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8402 OF 2011 (Arising out of S.L.P. (Civil) No. 29641 of 2009) Pankaj Mahajan .... Appellant(s) Versus Dimple @ Kajal .... Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) This appeal is directed against the final judgment and order dated 06.08.2009 passed by the High Court of Punjab & Haryana at Chandigarh in FAO No. M-123 of 2006 whereby the High Cou... more »

Divorce to wife for False 498a, Threats & attempts to suicide amounts to cruelty - Rama Kanta vs Mohinder Laxmidas Bhandula
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Punjab-Haryana High Court Rama Kanta vs Mohinder Laxmidas Bhandula on 7 February, 1995 Equivalent citations: AIR 1996 P H 98 Bench: . S Saksena JUDGMENT 1. The appellant wife has assailed the judgment and decree dated 5-10-1991 passed in H. M. Case No. 67 of 1988. 2. Uncontroverted facts of the case are that the appellant was married to the respondent on 6-5-1987 at Akola. The respondent is a resident of Akola, while the appellant was residing at Ludiana along with her family members. In this wedlock she gave birth to a son on 28-2-1988. Since 8-6-1988 they are living separately.... more »
divorce to wife Smt. Jaishree vs Sri Arjun Singh
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Uttaranchal High Court Smt. Jaishree vs Sri Arjun Singh on 17 March, 2011 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 36 of 2010 Smt. Jaishree W/o Sri Arjun Singh Presently R/o C/o Lt. Commander (Retd.) Sri Kamal Singh Chauhan Kothi No. 6 / 4, Canal Road, Jakhan, Dehradun, District Dehradun. ................ Appellant Versus Sri Arjun Singh S/o Sri Puran Singh Presently R/o 71 / 40 Chaudhary Bihari Lal Marg District Dehradun. Permanently R/o Village Syaluka Revadi, Post Gundiyat, Village & Tehsil Purola, District Uttarkashi. ................ Respondent Mr. ... more »

Audio evidence in family court for divorce case
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Madras High Court G. Shyamala Ranjini vs M.S. Tamizhnathan on 20 November, 2007 DATED : 20/11/2007 CORAM : THE HONOURABLE MR. JUSTICE A. KULASEKARAN C.R.P. (PD) No. 2657 of 2007 and M.P. No.1 of 2007 G. Shyamala Ranjini .. Petitioner Versus M.S. Tamizhnathan .. Respondent Revision under Article 227 of the Constitution of India against the fair and decreetal Order dated 21.07.2007 and made in I.A. No. 70 of 2007 in HMOP No. 96 of 2004 on the file of Sub Court, Mettur. For Petitioner : Mr. S.V. Jayaraman, Sr. Counsel for Mr. N.A... more »

Divorce to wife on grounds of Impotency on husband - Mr.T.S.Srinivasan Vs S.Krishnan
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Madras High Court Transfer C.M.P. No. 311 of 2006 and M.P. No.1 of 2006 Mrs. Sunita rep. by her Power Agent and father Mr.T.S.Srinivasan ... Petitioner Vs S.Krishnan ... Respondent CORAM THE HON'BLE MR.JUSTICE S.ASHOK KUMAR DATED: 19.02.2007 Transfer CMP filed to withdraw and transfer the OP.No.1939/2006 pending on the file of the Family Court, Chennai, to be tried and heard along with Marriage Petition No.230 of 2006 on the file of the Civil Judge, Junior Division, Pune. For Petitioner : Mr.V.Raghavac... more »

Divorce to wife on grounds of Impotency & false allegations on husband - Smt. Shanti Devi Vs Raghav Prakash
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
Rajasthan High Court Smt. Shanti Devi vs Raghav Prakash Date of Judgment: 29 October, 1984 Equivalent citations: AIR 1986 Raj 13, 1985 (1) WLN 437 Author: G M Lodha Bench: G M Lodha ORDER Guman Mal Lodha, J. 1. An unfortunate feud between the husband & wife has resulted in this matrimonial dispute. The respondent husband has filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') alleging therein that he has been a good scholar in bindi literature but got an illiterate wife, ... more »

Divorce to wife on grounds of Irretrievable Breakdown Marriage - SUBHASH CHANDER SHARMA Vs ANJALI SHARMA
Anantha Madhav at Rights Activism Against Skewed Family Laws - 3 years ago
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 14.7.2010 MAT APP 44/2005 SUBHASH CHANDER SHARMA ……Appellant Through: Mr.Rajiv Dewan, Advocate. Versus ANJALI SHARMA ……Respondent Through: None. CORAM: HON’BLE MR. JUSTICE KAILASH GAMBHIR 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes KAILASH GAMBHIR, J. 1. B... more »

RTI information pertaining to private entity
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc under section 2 [ f ] of RTI Act. Please follow this procedure. 1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, pub... more »
RTI for 498a FIR Day wise
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
To, PIO O/o DGP-State Address Name of the applicant: ----------S/o ---------------------- Residence address: ----------------------------------------Mobile No: -------------- Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information. Particulars of information required under RTI Act 2005 are as fallows: 1. ... more »
RTI for obtaining information from private companies
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
To Public Information Officer, Address line 1 Address line 2 City, State. 1. Name of the Applicant: 2. Address with Phone Number: 3. Particulars of the Information Required: Please provide information as per below list related to M/s.XXXX Ltd, (BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference: Section 2 [f] ”information" means any material in any form, including records, documents, memos, e-mails, opinio... more »
RTI for Police ( Streedhan)
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
To, PIO O/o DGP-State Address Name of the applicant: ----------S/o ---------------------- Residence address: ----------------------------------------Mobile No: -------------- Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information. Particulars of information required under RTI Act 2005 are as fallows: 1. P... more »
RTI for Police (Evidances Varification
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
To, PIO O/o DGP-State Address Name of the applicant: ----------S/o ---------------------- Residence address: ----------------------------------------Mobile No: -------------- Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information. Particulars of information required under RTI Act 2005 are as fallows: 1. ... more »

Wife Details from School (Government or Pvt School)
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
THIS RTI TEMPLATE IS FOR ANY SCHOOL (PVT / GOV) AFFILATED TO CBSC BUT IF YOUR WIFE IS WORKING IN ANY SCHOOL AFFILATED TO REGANOL BORD KINDLY WRITE TO CPIO REGIONAL BOARD i.e U P Education Board, Allahabad Board, MP Education Board, ect To, Assistant Secretary & C.P.I.O CBSE, Regional Office, Subject: Information solicited under Right to Information Act 2005 about teachers working with XYZ SCHOOL, ABC CITY Sir / Madam, It is respectfully stated that XYZ School is affiliated with CENTRAL BOARD OF SECONDARY EDUCATION. Under the provisions of RTI Act 2005, Please furnish the followi... more »

TEP Complain At Finance Ministry
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
To, The Under Secretary Ministry of Finance, Department of Revenue, Room No.55,North Block, New Delhi – 110001 Subject : Income Tax Evasion Petition and Tax Recovery on Rs.---- Lacks against Shri FIL , R/o --------- (PAN NO :---------------. Dear Sir/Madam, This is to inform you that, Shri FIL has been evading Taxes & has not been disclosing the expenses to the Income Tax Authorities & hampering the investigation through his links. Background 1. Smt 498A WIFE D/o Shri FIL has framed a false dowry complaint under section 498a/323/504/506 of IPC and under section ¾ Dowry proh... more »
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
CENTRAL INFORMATION COMMISSION COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005 Your Name versus Department Name i.e Department / Incometax ect City LIST OF DATES & INDEX OF DOCUMENTS Description Date Page No. List of Dates, Index of documents 00.00.00 1 Complaint 00.00.00 2 Order of the first appellate authority 00.00.00 5 First Appeal 00.00.00 6 PIO’s reply 00.00.00 7 RTI application 00.00.00 9 ADVICE TO RESPONDENTS Regulation 12 of “The Central Information Commission (Management) Regulations, 2007” reads as follows: Filing of Counter Statement by the Central Publ... more »

Personal Appearance First / Second Appeal related to TEP RTI
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
Reference No: Dated : To, The Central Public Information Officer & Addl. Commissioner of Income Tax, *Subject*: - Personal appearance under First Appeal. *Ref. Letter no.* ------------------ Dated ------------------ *Dear Sir / Madam,* First of all I Thanks to AA & Add. CIT, for providing opportunity to present my case today before you, against my First Appeal no ----------Dated ----------. Please consider the followings points which may help you to directed CPIO to produce the material details / evidences on which you may relay for the disposal of my application /RTI 1. Th... more »
UNDERSTANDING & USING THE RIGHT TO INFORMATION ACT (“RTI ACT”)
Fight of Justice at RTI Templates for False 498a Case - 5 years ago
It chapter is a simplified yet correct explanation of the Act. If the contents of this do not satisfy your needs, please refer to the full Act in this Handbook which has many progressive provisions. NOTES 1. Central Information Commission posts all its decisions on http://cic.gov.in. Since the RTI Act is fairly new, such decisions act as clarifications of many clauses of the Act. Therefore, these decisions become important precedents and must be read regularly. 2. Certain parts of this chapter carry comments in grey colour which enhance your understanding. 3. TEXT IN THIS COLOUR ... more »


Sun May 01, 2016 1:18 am
Profile

Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Dear friends, I have recently written a book titled "Defense against maintenance", published by Asia Law House. This book, in my opinion, deals with virtually all aspects of maintenance litigation and acts a complete defense against it, both on the technical aspect and on the well established principals of law. It deals with the entire range of topics, ie. 125 CrPC, Domestic Violence Act, 24 Hindu Marriage Act, Hindu adoption and maintenance Act....... . It’s a compilation 600+ judgments favoring the husband. I am pasting the AMAZON link below, kindly go through the same and please post your feed back. Its not strictly self marketing, but more of a legal interaction. Thanks.
PLEASE REMEMBER :- THERE ARE ONLY LEGAL SOLUTION TO LEGAL PROBLEMS

Yours,

Sumit Kejriwal
https://www.facebook.com/sumit.kejriwal.5?fref=nf

http://www.amazon.in/DEFENSE-AGAINST-MAINTENANCE-1st-2016/dp/9385989413/ref=sr_1_1?s=books&ie=UTF8&qid=1464058479&sr=1-1

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Thu Nov 03, 2016 11:43 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Merits and demerits of 497 IPC(ADULTERY)
It is held that 497 IPC Cant be said to be violative of article 14 and 15 of constitution by conferring right only to women to prosecute on husbands
Smt. Sowmithri Vishnu vs union of India: 27.5.1985: 1985 HLR 228 -APEX COURT
http://indiankanoon.org/doc/449750/
-wife can prosecute husband for adultery and not vice versa
- husband can prosecute wife's paramour only and not wife [ unwanted fight between men ]
-husband can seduce unmarried women and divorcee by hiding him from his wife [as divorce and unmarried has no husband to prosecute you but only wife can prosecute husband]
-seducing married women [ double dangerous one from his wife and 2nd from her husband ]
-public and wife's family, husband's family can't prosecute husband for adultery
-full right to wife to do adultery and husband.
- husband can't do any thing except getting rid of her by getting divorce only; that too proved beyond reasonable doubts - as it is rarely proved because of no direct evidence
NOTE:-all facts are without considering new Lethal weapon called Rape in hand of all women


http://indiankanoon.org/doc/449750/

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Thu Nov 03, 2016 11:46 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
My own belief that marriage / engagement before they should be required that every youth in the family court day of MANDATORY 6 months belonging walkway.
So today's powerful as आ+बला color with Satan's hidden talent sample and also to see witch / patrol and the girl understood the difference between your and the family about to take the right decision.

What say guys ? Isn't right to create a "My Opinion / belief" thread in the forum.

Check if interested to put your opinion:

http://www.498a.org/forum/viewtopic.php?f=8&t=15330

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Thu Nov 03, 2016 11:54 am
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Legal Terrorism on Facebook

https://www.facebook.com/legalterrorism/

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Thu Nov 03, 2016 12:03 pm
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Intentionally left blank

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Last edited by srkraidu on Fri May 31, 2019 8:54 am, edited 1 time in total.



Wed Nov 23, 2016 7:42 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987


ABOUT THE FILM

In Criminal Law, Blackstone formulation principle states “It is better that ten guilty persons escape rather than one innocent suffer.” It’s a principle followed under criminal jurisprudence the world over.

http://www.martyrsofmarriage.com/

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Mon Nov 28, 2016 2:01 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Supreme Court of India on Thursday has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code....

http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

http://www.livelaw.in/automatic-arrest-498-cases-sc-issues-strict-guidelines-police-magistrates-non-compliance-will-attract-disciplinary-contempt-proceedings/

1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1265 OF 2017
[Arising out of Special Leave Petition (Crl.) No.2013 of 2017]
Rajesh Sharma & ors. …Appellants
Versus
State of U.P. & Anr. …Respondents
J U D G M E N T
Adarsh Kumar Goel, J.
1. Leave granted.
2. The question which has arisen in this appeal is whether any
directions are called for to prevent the misuse of Section 498A, as
acknowledged in certain studies and decisions. The Court
requested Shri A.S. Nadkarni, learned ASG and Shri V.V. Giri,
learned senior counsel to assist the Court as amicus. We place on
record our gratitude for the assistance rendered by learned ASG
Shri Nadkarni and learned senior counsel Shri Giri who in turn was
WWW.LIVELAW.IN
Digitally signed by
SWETA DHYANI
Date: 2017.07.27
17:07:01 IST
Reason:
Signature Not Verified
2
ably assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel
and Ms. Svadha Shanker.
3. Proceedings have arisen from complaint dated 2nd
December, 2013 filed by respondent No.2 wife of appellant No.1.
Appellants 2 to 5 are the parents and siblings of appellant No.1.
The complainant alleged that she was married to appellant No.1
on 28th November, 2012. Her father gave dowry as per his
capacity but the appellants were not happy with the extent of the
dowry. They started abusing the complainant. They made a
demand of dowry of Rs.3,00,000/- and a car which the family
could not arrange. On 10th November, 2013, appellant No.1
dropped the complainant at her matrimonial home. She was
pregnant and suffered pain in the process and her pregnancy was
terminated. On the said version, and further version that her
stridhan was retained, appellant No.1 was summoned under
Section 498A and Section 323 IPC. Appellants 2 to 5 were not
summoned. Order dated 14th July, 2014 read as follows:
“After perusal of the file and the document brought on
record. It is clear that the husband Shri Rajesh Sharma
demanded car and three lacs rupees and in not meeting the
demand. It appears that he has tortured the complainant.
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So far as torture and retaining of the stri dhan and
demanding 50,000 and a gold chain and in not meeting the
demand the torture is attributable against Shri Rajesh
Sharma. Rajesh Sharma appears to be main accused. In
the circumstances, rest of the accused Vijay Sharma,
Jaywati Sharma, Praveen Sharma and Priyanka Sharma
have not committed any crime and they have not
participated in commission of the crime. Whereas, it
appears that Rajesh Sharma has committed an offence
under Section 498A, 323 IPC and read with section 3 / 4 DP
act appears to have prima facie made out. Therefore, a
summon be issued against him.”
4. Against the above order, respondent No.2 preferred a
revision petition and submitted that appellants 2 to 5 should also
have been summoned. The said petition was accepted by the
Additional Sessions Judge, Jaunpur vide order dated 3rd July, 2015.
The trial court was directed to take a fresh decision in the matter.
Thereafter, the trial court vide order dated 18th August, 2015
summoned appellants 2 to 5 also. The appellants approached the
High Court under Section 482 CrPC against the order of
summoning. Though the matter was referred to the mediation
centre, the mediation failed. Thereafter, the High Court found no
ground to interfere with the order of summoning and dismissed
the petition. Hence this appeal.
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5. Main contention raised in support of this appeal is that there
is need to check the tendency to rope in all family members to
settle a matrimonial dispute. Omnibus allegations against all
relatives of the husband cannot be taken at face value when in
normal course it may only be the husband or at best his parents
who may be accused of demanding dowry or causing cruelty. To
check abuse of over implication, clear supporting material is
needed to proceed against other relatives of a husband. It is
stated that respondent No.2 herself left the matrimonial home.
Appellant No.2, father of appellant No.1, is a retired government
employee. Appellant No.3 is a house wife. Appellant No.4 is
unmarried brother and appellant No.5 is unmarried sister who is a
government employee. Appellants 2 to 5 had no interest in
making any demand of dowry.
6. Learned counsel for respondent No.2 supported the
impugned order and the averments in the complaint.
7. Learned ASG submitted that Section 498A was enacted to
check unconscionable demands by greedy husbands and their
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5
families which at times result in cruelty to women and also
suicides. He, however, accepted that there is a growing tendency
to abuse the said provision to rope in all the relatives including
parents of advanced age, minor children, siblings, grand-parents
and uncles on the strength of vague and exaggerated allegations
without there being any verifiable evidence of physical or mental
harm or injury. At times, this results in harassment and even
arrest of innocent family members, including women and senior
citizens. This may hamper any possible reconciliation and reunion
of a couple. Reference has been made to the statistics from the
Crime Records Bureau (CRB) as follows:
“9. That according to Reports of National Crime
Record Bureau in 2005, for a total 58,319 cases
reported under Section 498A IPC, a total of 1,27,560
people were arrested, and 6,141 cases were
declared false on account of mistake of fact or law.
While in 2009 for a total 89,546 cases reported, a
total of 1,74,395 people were arrested and 8,352
cases were declared false on account of mistake of
fact or law.
10. That according to Report of Crime in India, 2012
Statistics, National Crime Records Bureau, Ministry of
Home Affairs showed that for the year of 2012, a
total of 197,762 people all across India were arrested
under Section 498A, Indian Penal Code. The Report
further shows that approximately a quarter of those
arrested were women that is 47,951 of the total were
perhaps mother or sisters of the husband. However
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most surprisingly the rate of charge-sheet filing for
the year 2012, under Section 498A IPC was at an
exponential height of 93.6% while the conviction rate
was at a staggering low at 14.4% only. The Report
stated that as many as 3,72,706 cases were pending
trial of which 3,17,000 were projected to be
acquitted.
11. That according to Report of Crime in India, 2013,
the National Crime Records Bureau further pointed
out that of 4,66,079 cases that were pending in the
start of 2013, only 7,258 were convicted while
38,165 were acquitted and 8,218 were withdrawn.
The conviction rate of cases registered under Section
498A IPC was also a staggering low at 15.6%.”
8. Referring to Sushil Kumar Sharma versus Union of
India1, Preeti Gupta versus State of Jharkhand2, Ramgopal
versus State of Madhya Pradesh3, Savitri Devi versus
Ramesh Chand4, it was submitted that misuse of the provision is
judicially acknowledged and there is need to adopt measures to
prevent such misuse. The Madras High Court in M.P. No.1 of 2008
in Cr. O.P. No.1089 of 2008 dated 4th August, 2008 directed
issuance of following guidelines:
“It must also be borne in mind that the object behind the
enactment of Section 498-A IPC and the Dowry Prohibition
1 (2005) 6 SCC 281
2 (2010) 7 SCC 667
3 (2010) 13 SCC 540
4 ILR (2003) I Delhi 484
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Act is to check and curb the menace of dowry and at the
same time, to save the matrimonial homes from destruction.
Our experience shows that, apart from the husband, all
family members are implicated and dragged to the police
stations. Though arrest of those persons is not at all
necessary, in a number of cases, such harassment is made
simply to satisfy the ego and anger of the complainant. By
suitably dealing with such matters, the injury to innocents
could be avoided to a considerable extent by the
Magistrates, but, if the Magistrates themselves accede to the
bare requests of the police without examining the actual
state of affairs, it would create negative effects thereby, the
very purpose of the legislation would be defeated and the
doors of conciliation would be closed forever. The husband
and his family members may have difference of opinion in
the dispute, for which, arrest and judicial remand are not the
answers. The ultimate object of every legal system is to
punish the guilty and protect the innocents.”
9. Delhi High Court vide order dated 4th August, 2008 in
Chander Bhan versus State5 in Bail Application No.1627/2008
directed issuance of following guidelines :
“2. Police Authorities:
(a) Pursuant to directions given by the Apex Court, the
Commissioner of Police, Delhi vide Standing Order
No.330/2007 had already issued guidelines for arrest in the
dowry cases registered under Sections 498-A/406 IPC and
the said guidelines should be followed by the Delhi Police
strictly and scrupulously.
(i) No case under Section 498-A/406 IPC should be
registered without the prior approval of DCP/Addl.DCP.
(ii) Arrest of main accused should be made only after
thorough investigation has been conducted and with the
prior approval of the ACP/DCP.
5 (2008) 151 DLT 691
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(iii) Arrest of the collateral accused such as father-in-law,
mother-in-law, brother-in-law or sister-in-law etc. should only
be made after prior approval of DCP on file.
(b) Police should also depute a well trained and a well
behaved staff in all the crime against women cells especially
the lady officers, all well equipped with the abilities of
perseverance, persuasion, patience and forbearance.
(c) FIR in such cases should not be registered in a routine
manner.
(d) The endavour of the Police should be to scrutinize
complaints very carefully and then register FIR.
(e) The FIR should be registered only against those
persons against whom there are strong allegations of
causing any kind of physical or mental cruelty as well as
breach of trust.
(f) All possible efforts should be made, before
recommending registration of any FIR, for reconciliation and
in case it is found that there is no possibility of settlement,
then necessary steps in the first instance be taken to ensure
return of stridhan and dowry articles etc. by the accused
party to the complainant.”
10. In Arnesh Kumar versus State of Bihar6, this Court
directed as follows :
“11.1All the State Governments to instruct its police officers
not to automatically arrest when a case under Section 498-A
of the IPC is registered but to satisfy themselves about the
necessity for arrest under the parameters laid down above
flowing from Section 41, Cr.PC;
11.2 All police officers be provided with a check list
containing specified sub-clauses under Section 41(1)(b)(ii);
6 (2014) 8 SCC 273
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9
11.3 The police officer shall forward the check list duly filed
and furnish the reasons and materials which necessitated the
arrest, while forwarding/producing the accused before the
Magistrate for further detention;
11.4 The Magistrate while authorizing detention of the
accused shall peruse the report furnished by the police
officer in terms aforesaid and only after recording its
satisfaction, the Magistrate will authorize detention;
11.5 The decision not to arrest an accused, be forwarded to
the Magistrate within two weeks from the date of the
institution of the case with a copy to the Magistrate which
may be extended by the Superintendent of police of the
district for the reasons to be recorded in writing;
11.6 Notice of appearance in terms of Section 41A of Cr.PC
be served on the accused within two weeks from the date of
institution of the case, which may be extended by the
Superintendent of Police of the District for the reasons to be
recorded in writing;
11.7 Failure to comply with the directions aforesaid shall
apart from rendering the police officers concerned liable for
departmental action, they shall also be liable to be punished
for contempt of court to be instituted before High Court
having territorial jurisdiction.
11.8 Authorising detention without recording reasons as
aforesaid by the judicial Magistrate concerned shall be liable
for departmental action by the appropriate High Court.”
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11. Learned ASG suggested that there must be some preliminary
inquiry on the lines of observations in Lalita Kumari versus
Government of Uttar Pradesh7. Arrest of a relative other than
husband could only be after permission from the concerned
Magistrate. There should be no arrest of relatives aged above 70
years. Power of the police to straight away arrest must be
prohibited. While granting permission, the court must ascertain
that there is prima facie material of the accused having done
some overt and covert act. The offence should be made
compoundable and bailable. The role of each accused must be
specified in the complaint and the complaint must be
accompanied by a signed affidavit. The copy of the preliminary
enquiry report should be furnished to the accused.
12. Shri V. Giri, learned senior counsel assisted by advocates Ms.
Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shanker
submitted that arrest in an offence under Section 498A should be
only after recording reasons and express approval from the
Superintendent of Police. In respect of relatives who are
ordinarily residing outside India, the matter should proceed only if
7 (2014) 2 SCC 1
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the IO is convinced that arrest is necessary for fair investigation.
In such cases impounding of passport or issuance of red corner
notice should be avoided. Procedure under Section 14 of the
Protection of Women from Domestic Violence Act, 2005, of
counseling should be made mandatory before registration of a
case under Section 498A.
13. We have given serious consideration to the rival submissions
as well as suggestions made by learned ASG and Shri V. Giri,
Senior Advocate assisted by Advocates Ms. Uttara Babbar, Ms.
Pragya Baghel and Ms. Svadha Shanker. We have also
perused 243rd Law Commission Report (August, 2012), 140th
Report of the Rajya Sabha Committee on Petition (September,
2011) as well as several decisions to which our attention has been
invited.
14. Section 498A was inserted in the statute with the laudable
object of punishing cruelty at the hands of husband or his
relatives against a wife particularly when such cruelty had
potential to result in suicide or murder of a woman as mentioned
in the Statement of Objects and Reasons of the Act 46 of 1983.
WWW.LIVELAW.IN
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The expression ‘cruelty’ in Section 498A covers conduct which
may drive the women to commit suicide or cause grave injury
(mental or physical) or danger to life or harassment with a view to
coerce her to meet unlawful demand.8 It is a matter of serious
concern that large number of cases continue to be filed under
Section 498A alleging harassment of married women. We have
already referred to some of the statistics from the Crime Records
Bureau. This Court had earlier noticed the fact that most of such
complaints are filed in the heat of the moment over trivial issues.
Many of such complaints are not bona fide. At the time of filing of
the complaint, implications and consequences are not visualized.
At times such complaints lead to uncalled for harassment not only
to the accused but also to the complainant. Uncalled for arrest
may ruin the chances of settlement. This Court had earlier
observed that a serious review of the provision was warranted9.
The matter also appears to have been considered by the Law
Commission, the Malimath Committee, the Committee on
Petitions in the Rajya Sabha, the Home Ministry, which have been
referred to in the earlier part of the Judgment. The abuse of the
8 Explanation to Section 498A
9 Preeti Gupta (supra)
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provision was also noted in the judgments of this Court referred to
earlier. Some High Courts have issued directions to check such
abuse. In Arnesh Kumar (supra) this Court gave directions to
safeguard uncalled for arrests. Recommendation has also been
made by the Law Commission to make the offence
compoundable. 15. Following areas appear to require remedial
steps :-
i) Uncalled for implication of husband and his relatives
and arrest.
ii) Continuation of proceedings in spite of settlement
between the parties since the offence is
non-compoundable and uncalled for hardship to parties
on that account.
16. Function of this Court is not to legislate but only to interpret
the law. No doubt in doing so laying down of norms is sometimes
unavoidable.10 Just and fair procedure being part of fundamental
right to life,11 interpretation is required to be placed on a penal
provision so that its working is not unjust, unfair or unreasonable.
The court has incidental power to quash even a
10 Sahara India Real Estate Corporation Limited v. Securities and Exchange
Board of India (2012) 10 SCC 603- para 52, SCBA v. Union of India (1998) 4 SCC 409- para
47, Union of India vs. Raghubir Singh (d) by Lrs. (1989) 2 SCC 754- para 7, Dayaram vs.
Sudhir Batham (2012) 1 SCC 333
11 State of Punjab vs. Dalbir Singh (2012) 3 SCC 346- para 46,52 & 85, (2014) 4
SCC 453- para-21
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non-compoundable case of private nature, if continuing the
proceedings is found to be oppressive.12 While stifling a
legitimate prosecution is against public policy, if the proceedings
in an offence of private nature are found to be oppressive, power
of quashing is exercised.
17. We have considered the background of the issue and also
taken into account the 243rd Report of the Law Commission dated
30th August, 2012, 140th Report of the Rajya Sabha Committee on
Petitions (September, 2011) and earlier decisions of this Court.
We are conscious of the object for which the provision was
brought into the statute. At the same time, violation of human
rights of innocent cannot be brushed aside. Certain safeguards
against uncalled for arrest or insensitive investigation have been
addressed by this Court. Still, the problem continues to a great
extent.
18. To remedy the situation, we are of the view that involvement
of civil society in the aid of administration of justice can be one of
the steps, apart from the investigating officers and the concerned
12 Gian Singh vs. State of Punjab (2012) 10 SCC 303- para-61, (2014) 5 SCC
364- para -14
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trial courts being sensitized. It is also necessary to facilitate
closure of proceedings where a genuine settlement has been
reached instead of parties being required to move High Court only
for that purpose.
19. Thus, after careful consideration of the whole issue, we
consider it fit to give following directions :-
i) (a) In every district one or more Family Welfare
Committees be constituted by the District Legal
Services Authorities preferably comprising of three
members. The constitution and working of such
committees may be reviewed from time to time
and at least once in a year by the District and
Sessions Judge of the district who is also the
Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of
para legal volunteers/social workers/retired
persons/wives of working officers/other citizens
who may be found suitable and willing.
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(c) The Committee members will not be called as
witnesses.
(d) Every complaint under Section 498A
received by the police or the Magistrate be
referred to and looked into by such committee.
Such committee may have interaction with the
parties personally or by means of telephone or
any other mode of communication including
electronic communication.
(e) Report of such committee be given to the
Authority by whom the complaint is referred to it
latest within one month from the date of receipt of
complaint.
(f) The committee may give its brief report about
the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no
arrest should normally be effected.
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(h) The report may be then considered by the
Investigating Officer or the Magistrate on its own
merit.
(i) Members of the committee may be given such
basic minimum training as may be considered
necessary by the Legal Services Authority from
time to time.
(j) The Members of the committee may be given
such honorarium as may be considered viable.
(k) It will be open to the District and Sessions
Judge to utilize the cost fund wherever considered
necessary and proper.
ii) Complaints under Section 498A and other
connected offences may be investigated only by a
designated Investigating Officer of the area. Such
designations may be made within one month from
today. Such designated officer may be required to
undergo training for such duration (not less than
one week) as may be considered appropriate. The
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training may be completed within four months
from today;
iii) In cases where a settlement is reached, it will be
open to the District and Sessions Judge or any
other senior Judicial Officer nominated by him in
the district to dispose of the proceedings including
closing of the criminal case if dispute primarily
relates to matrimonial discord;
iv) If a bail application is filed with at least one clear
day’s notice to the Public Prosecutor/complainant,
the same may be decided as far as possible on the
same day. Recovery of disputed dowry items may
not by itself be a ground for denial of bail if
maintenance or other rights of wife/minor children
can otherwise be protected. Needless to say that
in dealing with bail matters, individual roles, prima
facie truth of the allegations, requirement of
further arrest/ custody and interest of justice must
be carefully weighed;
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v) In respect of persons ordinarily residing out of
India impounding of passports or issuance of Red
Corner Notice should not be a routine;
vi) It will be open to the District Judge or a designated
senior judicial officer nominated by the District
Judge to club all connected cases between the
parties arising out of matrimonial disputes so that
a holistic view is taken by the Court to whom all
such cases are entrusted; and
vii) Personal appearance of all family members and
particularly outstation members may not be
required and the trial court ought to grant
exemption from personal appearance or permit
appearance by video conferencing without
adversely affecting progress of the trial.
viii) These directions will not apply to the offences
involving tangible physical injuries or death.
20. After seeing the working of the above arrangement for six
months but latest by March 31, 2018, National Legal Services
WWW.LIVELAW.IN
20
Authority may give a report about need for any change in above
directions or for any further directions. The matter may be listed
for consideration by the Court in April, 2018.
21. Copies of this order be sent to National Legal Services
Authority, Director General of Police of all the States and the
Registrars of all the High Courts for further appropriate action.
22. It will be open to the parties in the present case to approach
the concerned trial or other court for further orders in the light of
the above directions.
…………………………………….J.
(Adarsh Kumar Goel)
…………………………………….J.
(Uday Umesh Lalit)
New Delhi;
27th July, 2017.
WWW.LIVELAW.IN

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Sat Nov 11, 2017 12:02 pm
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