Tuesday, 30 July 2013

IrBM, HERE WE COME

MILES TO GO BEFORE I SLEEP

When Government of India decided to bring in a new Divorce Law (IrBM) to make Hindu Marriage Act and Special Marriage Act as Gunea Pigs, they thought, India will again sit quietly as Chemistry Lab first time students.

The least they knew that neither this is 1983 (498A) nor it is 2005 (PWDVA 2005), it is 2013 and WE ARE HERE!!

Bangalore Chapter, inspite of all odds and demotivations floating around with following news Articles, decided to jump into the swimming pool to see if it was water or mirage. Decision is still pending, but swimming is happening.

Extracts taken from www.rollbackirbm.in

It goes like this:

========================================================================

4X4 ACTION DAYS FROM BANGALORE TEAM AGAINST IrBM

It was an eventful day. 9 of us left Bangalore to meet the head of the Tumkur Mutt. Waited, waited and finally met the Mutt Seer @ 4pm. Then we waited for second seer @ mutt. He came @ 5PM. Had a 10 min interaction with him. He agreed that IrBM is a serious problem. We requested him if he could direct us to some MP. We requested if he could give us a reference letter. After 30 min we were given a reference in the name of the Hon’ble MP of Tumkur.
We, on the way stopped and made letters, annexures within 20 min and went straight to Hon’ble MP’s house in Tumkur city. We tried our luck by calling MP Sir directly. After 4 calls, he called back, and luckily, he was in Tumkur itself. We were made to sit and wait inside his house for 30 min. Once he came, we had a 30 min chat and raised our concerns to him. SIF commandos for this went in 2 cars.

















Moving ahead, we had an action packed Sunday too.
Sunday we had decided to meet Hon’ble Chief Minister of Karnataka at his house in Bangalore.
5 commandos toiled since Friday night till saturday night asking members to join. 1 such call to NFHS member and to a CRISP member spread this news like wild fire with both these brother groups also asking their members to join this activity.
10AM to 11AM we waited for members to join and started when we became a 40 member crowd.
We reached, “Krishna”, the house of Hon’ble Chief Minister at 11:10AM. Security @ “Krishna” told us that CM Sir is in another house which was a kilometer away. We all quickly walked towards it. We were, as expected, stopped at 100M away by police and barricades. Police said, not all can be allowed inside and allowed 6 of us to go into CM’s residence.
CS, SS, SA, NIR, SN, NIR’s mom and JB proceeded to CM Sir’s house.
Security inside was cooperative and asked us to submit our memo. We requested that we want to meet CM. He asked us to wait. Then we went on the main door of house and met with CM’s PA. He also asked us to wait till 2PM. We agreed to wait.
Cooperative security allowed all of us to come in finally after persuasion. So, now, we were 35 SIFians waiting to meet CM.
While we waited for CM, we dint wait at all. Multiple people spoke to multiple security men telling them all about IrBM, 498A etc etc. Most of those security officers took our numbers to send known unknown harassed men to us.
At around 1PM, 3 Kannada TV Channels turned up. 12 members with SA and KK went ahead to talk to them. There police intervened saying that we can not pose with our banners for security reasons. SA and KK gave media inputs just outside the barricades.
Remaining people inside the CM house got a glimpse of the Hon’ble Chief Minister getting into his car to move out for an emergency meeting. All of us surrounded CM Sir’s vehicle and had a 10 min chat with him outside. He assured us to look into our concerns and took our memo. He also advised us to meet his constituency’s respected MP Shri Mallickarjun Kharge (Railway Minister).



















Energy levels were still high. We decided to goto BJP office in Bangalore. About 20 of us reached at BJP office around 3PM. Met cooperative manager there. Told him about our concerns for 20 min. He asked us to come and meet Secretary for BJP state unit on Monday. We submitted a letter here too to meet State Party President.







Today morning we followed up our yesterday’s action at Karnataka State BJP office in Bangalore.
We reached there today at 11 AM and followed up with our yesterday’s contact. He told us that the Vice President and President are here and we can meet them. We had to wait for couple of hours though!
We first met the Vice President and explained him the IrBM situation. We answered his thoughts and proceeded to meet Mr. President. He patiently heard us. He listened to us for a good 15 minutes. We explained why this is a clear misuse intended law and what adverse impact it would have on Indian Family System. He asked us to send the copy of the memo, objections and divorce data to the Opposition leaders which has been sent already to be routed through the local BJP office in Bangalore.


Newspapers in Bangalore carried news of SP supremo and Hon’ble Chief Minister of UP visiting Karnataka for a rally @ Chitradurga.
SS advised to attempt meeting them.
CS fished out the local contacts by calling them and got mobile number of a close aide of UP CM Sir. Aide shared that Supremo has just left for Delhi but he will try & arrange meeting with UP CM on Monday evening itself. It was 4PM that time. He asked CS to check with him at 6PM.
6PM he asked us to come in 40min to meet the Hon’ble UP Chief Minister. CS reached just in time followed by SS n JB.
CS and Aide discussed for about 20 min and CS was able to convince for a 2 minute meeting slot with the Uttar Pradesh Chief Minister at 7:30AM for today.
All 3 of us reached the hotel again today morning. At around 8:15AM, SP State President came and we took his 10 minutes to explain our concerns.
At 8:30 AM, Hon’ble CM came out and we 3 along with some 7 more visitors entered the room. After 5 second intro for other 7, State President introduced us as the NGO which supports harassed husbands. We added that we support harassed Men.
For about 15 minutes we got good hearing from all men in the room along with CM Sir. We expressed our gratitude to Samajwadi Party for having clarity on how Women Reservation Bill could have been misused. We shared that over 10Lakh people have been jailed under 498A in last 10 years. We shared every 9 minutes 1 husband commits suicides. These data left them surprised. We shared with him that this data is from NCRB. We also questioned on WHY a close ally like SP was kept out of GOM for IrBM?



Thursday, 20 June 2013

Understanding IrBM

UNDERSTANDING IrBM IN 125 SECONDS




The Contents are here:

SLIDE 1:
ORIGIN OF IrBM

Hon’ble Supreme Court in Two Judgments Announced:

Naveen Kohli vs Neelu Kohli on 21 March, 2006Before we part with this case, on the consideration of the totality of facts, this Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. http://www.indiankanoon.org/doc/1643829/

Ms. Jordan Diengdeh vs S.S. Chopra on 10 May, 1985It is thus seen that the law relating to judicial separation, divorce and nullity of marriage is far, far from uniform. Surely the time has now come for a complete reform of the law of marriage and make a uniform law applicable to all people irrespective of religion or caste. It appears to be necessary to introduce irretrievable break down of marriage and mutual consent as grounds of divorce in all cases.http://www.indiankanoon.org/doc/569459/

SLIDE 2:
WHAT IS IrBM

NEW GROUND FOR DIVORCE. APPLICABLE ONLY TO HINDU MARRIAGE ACT & SPECIAL MARRIAGE ACT
HUSBAND CAN NOT CHALLENGE THE DIVORCE PETITION OF WIFE BASED ON FINANCIAL HARDSHIP
AS A REWARD FOR DIVORCE, MINIMUM 50% ASSETS OF THE HUSBAND WILL BE GIVEN TO THE WIFE BY LAW (not on Judge’s discretion)
ASSETS OF HUSBAND TO BE DIVIDED:  PRE-MARRIAGE & POST MARRIAGE, INHERITED & INHERTIABLE – MOVEABLE & IMMOVEABLE ASSETS
EVEN WITH “NO FAULT”, THERE IS NO PROVISION OF EXCLUSIVE LITIGATION i.e. NO 498A / PWDVA2005 / CrPC 125 / etc.


SLIDE 3:
WHY ROLLBACK IrBM

BILL IS ANTI-MALE
MAN HAS NO RIGHT TO CONTEST

MAN’s PROPERTY ONLY DIVIDED
EVEN IF PROPERTY IS BOUGHT BEFORE MARRIAGE
DIVISION OF MAN’s ANCESTRAL PROPERTY
DIVISION OF MAN’s PARENTAL PROPERTY

IF 1 CHILD THEN HUSBAND GETS 33%
IF TWO CHILDREN THEN HUSBAND GETS 25%

NO TALK ABOUT CHILD CUSTODY
MARRIAGE IS LEFT AS A PROPERTY DEAL

ALL THIS MAN PAYS WITH “NO FAULT”
THIS ONLY PENALIZE A HINDU HUSBAND

EVEN JUDGE HAS NO RIGHT TO DECIDE


SLIDE 4:
WHY IS IrBM WRONG

While awarding Alimony under Hindu Marriage Act, the Judge takes into consideration on ONLY the Net Worth of the Husband, then why a new law required dividing the same assets? Isn't that Double Jeopardy? Alimony decisions from the Hon’ble Courts are based only on Husband’s worth while wife’s assets are not even considered.

When Domestic Violence Law defines that Economic Violence as Husband not allowing wife to work, then if a wife is MAKING PERSONAL choice of not working, why should the Husband Pay?

This Bill even doubts the capabilities of the Courts of India and hence is pushing for the percentage of Division without allowing a Hon’ble Judge to use his/her wisdom.

THIS BILL DOES NOT PROVIDE THE RIGHT OF EXCLUSIVE LITIGATION WHICH MEANS THAT EVEN WITH IrBM, MAN CAN STILL BE CHARGED WITH 498A / DOMESTIC VIOLENCE / MAINTENANCE SECTIONS / ETC.

DISCLAIMER: This Blog and Post is the Personal Opinion of the Writer and does not necessarily show or define the thought process of Save Family Foundation (Regd. NGO) or that of any other allied NGO/Trust/Group/Members opinion.

Wednesday, 19 June 2013

It is SO important, for sure someone else will Work on it (IrBM)

WHO IS WORKING ON SAVING MY ASSETS?

If each victim of law abuse of all the groups dare to talk about law abuse in general public forums, we could do 1 year's awareness in just 10 days.
 
Issue is we ourselves are sometimes hesitant to discuss issues of Law Misuse of Wrong Laws in making in open public, fearing, "what will people think?"
 
We need to learn from few who, with full conviction, could talk in open forums about IrBM or the Law Misuse.
 
What wrong are we discussing? What wrong are we saying? What wrong are we talking? NOTHING.
 
If any of us is missing conviction in what we feel / reply / talk about Gender Biased Laws and IrBM, please read the ammunition already available on various blogs / forums of SIF.
 
On IrBM, as per our info, here is the current Situation, as of TODAY (19th June 2013):
 
1. IrBM is currently having Marital Property (by default), Pre-Marriage Husband's property (by default) AND Inheritable and Inheritance property too.
 
2. IrBM currently talks about NET WORTH of the Husband to be divided (moveable and immoveable assets)
3. Currently it is with 11 Member GOM who have to sit, discuss and finalize the FINAL DRAFT before Monsoon Session of the Parliament.
4. Though Monsoon Session of the Parliament starts on 26th July 2013, some parties is trying to prepone the session (and hence the voting on the Final Draft)
============================
SO EFFECTIVELY, WE HAVE NO TIME LEFT
============================
 
 
=======================================

BECAUSE, WHATEVER IS THE FINAL DRAFT, PARLIAMENT
CAN ONLY SAY "AYES / NOES", CANT CHANGE IT
=======================================
What needs to be done (more "ACTIONS" can be added)
A.) Meet GOMs (with/without) appointment and tell them how is this Law dangerous
B.) Meet your Local MLAs / MPs NOW (before they leave your local cities and fly to Delhi for Monsoon Session)
C.) Send Letter, Postcards, SMS, Emails, FAX, Calls to GOMs with our demands
D.) Send Letter, Postcards, SMS, Emails, FAX, Calls to ALL MPs & MLAs with our demands
 
E.) Sign all the Online Petitions (Daily alerts coming on the groups)
 
F.) File PIL against IrBM
 
G.) File Petitions to stop IrBM with authorities
 
H.) File RTIs with Law Commission, Law Ministry asking the current IrBM draft
 
I.) Fill Social Media (Twitter, Facebook, Myspace, Orkut, Google+, etc. etc.) against IrBM : ENSURE IT IS DONE TO GENERAL PUBLIC AS WITHIN OUR GROUPS, PEOPLE ALREADY KNOW
 
J.) Few members can make small email teams and email continuously asking friends to sign our Online Petitions
 
K.) SPREAD BY WORD OF MOUTH TO EVERYONE YOU MEET, STARTING TODAY
 
L.) Email, Letters, Meetings with Bankers, Financers who provide Home / Car / Personal Loans
 
M.) Email, Letters, Meetings with Builders, Real Estate Website who provide residential / COMMERCIAL properties
 
N.) Emails, Letters, Meetings with Industry groups (like CII / ASSOCHAM etc) on how will IrBM increase NPAs and hence effect India's market and take it towards the biggest Mortgage crisis the way USA went few years back
 
O.) Email, Letters, Meetings with Religious Leaders against IrBM destroying Marriages
 
P.) Organize Local Dharna / Activities / Events / Campaigns / Pamphlet distribution to general public against IrBM
 
Q.) Keep writing/talking/mentioning/spreading to MEDIA against IrBM
 
R.) Keep commenting on online News Articles of famous newspapers and take logical discussions about IrBM
 
S.) Keep participating in Public Meetings, Public Rallies with either Anti IrBM Banners or take the mic for questions about IrBM
 
T.)KEEP REPEATING ALL THE ABOVE
 
Hope, with this exhaustive list, members will NOT feel "WHAT CAN WE DO".
 
Please read this, spread this, Act on this OR DO WHATEVER YOU FEEL WOULD HELP .............. BUT SHOOT SHOOT SHOOT BEFORE INDIAN HUSBANDS ARE SHOT (including you).
 
Also, I feel most of us are thinking that since IrBM is such a high priority, someone ELSE will surely be working on it. WHO IS, IF YOU ARE NOT?
Officially announcing, stopping this law is NOT the job of few.
Your property is your right and YOUR RESPONSIBILITY. You dont act, no one else is acting to save your property.
RUN or keep Sleeping.
Good Morning to those who are ready to take this up for THEMSELVES.
Others, Good Night - you are sleeping in your coffin.

LIST OF OUR ONLINE PETITIONS:

Sunday, 16 June 2013

Baap "Re"-Baap (Father's Re-Fathering)

HAPPY FATHER's DAY - 2013

Saturday-Sunday ......... a weekend? Party time? 3rd Sunday of Every June of "Father's Day".

While I was walking around the walls of the Family Court for my case, I went to over 50 men who were there in the Family Court either as the Security at gate or the Babu in Court of the Judges or the Husbands with worry on their face or Fathers waiting for visitation to see their children.

Objective of mine faced more amuzement and Questions on faces as I approached every man with my right hand to Shake Hands. My objective to wish every man I can see, "A Very Happy Father's Day".

Did it hit them or not on the right place, but for few minutes, it did bring smile to the faces of all those men who were either working or waiting.

One thing I knew, "appreciate a father and he will ALWAYS reciprocate" and all of it got proven with what I saw.

Though, I missed out the celebrations but so many Child-Less Fathers did not.
Where some went the motional way of giving a day of father's love to those who are deprived of it, few took the innovation to new heights as Super-Dads.
Where some went the extramile of taking out Rathyatra, few took the Roads of India screaming their pai out.

For me Father's day was a day of Hope in Hopelessness, Solutions in Problems, Comments in Silence and Happiness in Masculinity.

This blog takes you through a small journey of locations and snapshots of what today's Father's did for their Children across the GLOBE. Images are from UK, Delhi, Nagpur, Bangalore, Pune, Kolkata and Mumbai.

Father's Day on Twitter http://sfy.co/s94I #storify #fathersday #fatherofsteel

Monday, 27 May 2013

News That Mattered - Effort of 30+ National Commandos Group

FOR THOSE WHO ASK "NO NEWS ABOUT MEN?"

It was starting of 2013 and I had been using a smartphone application for talking to my friends. Then I thought, if I can add my friends, they WHY NOT MY NEW FAMILY?

Thus, started the new smartphone group, namely, "Law Misuse Commandos".

A channel, a medium, that allowed over 30+ (now 41) Nationwide commandos from various Men's Rights Organizations, combination of new and old members, to come on a single Platform.

Though we started discussing activism and activities, but graudally, all group members got into the habit of selecting News Articles which mattered to us (For us / Unhappy Feminists OR Happy Feminists / Sad us).

But whatever it was, the activity continued.

With this blog, I am hereby updating those clicks which mattered, which either acted as the spark or the iginition, acted as the fire, as the force and led to various serious discussions, knowledge/experience sharing between this National Group.

Members represented following Chapters / Groups (not officially designated but known names):
Mumbai, Kolkata, Bangalore, Hyderabad, Pune, Chandigarh, Lucknow, Delhi, Gurgaon, Faridabad, Haridwar, Ahmedbad (to name few).

Hope, now we dont have to ask, "ARE THERE ANY CRIMES HAPPENING AGAINST MEN?"

DISCLAIMER: The news articles in NO WAY depict the feelings, emotions, policies, thoughts, Opinion of the group or that of the related NGOs. This compilation is of just news articles (positive or negative) that touch the sentiments of the readers.

Saturday, 11 May 2013

1, 2 ka 4 in CrPC 125

HOW CAN 1+2+5=100%

In continuation to our endevor to help victims of law misuse the help that no one offers, we did another session of Commando Training Session.
May 2013, on Saturday, we got 3 experts who talked about the Criminal Proceedings involved with a Family Court, YES, the experts talked about CrPC 125.

What is CrPC 125?

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of’ sufficient means.
2[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]
Explanation. For the purposes of this Chapter.
(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;
(b) “Wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
3[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]
(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
1. The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).
2. Ins. by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).
3. Subs. By Act 50 of 2001, sec 2, for sub-section (2) (w.e.f. 24-9-200).
4. Subs. By Act 50 of 2001, sec 2, for “allowance” (w.e.f. 24-9-200).
STATE AMENDMENTS
Madhya Pradesh:
In section 125, in sub-section (1), for the words “five hundred rupees” the words m’ “three thousand rupees” shall be substituted.
[Vide M.P. (Act 10 of 1998), sec. 3 (w.e.f. 29-54998)] [Ed. This amendment has been I made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 W (Central Act 50 of 2001) whereby the words "not exceeding five hundred rupees in the I whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].
Maharashtra:
In section 125,-
(a) in sub-section (1),-
(i) for the words “not exceeding five hundred rupees” the words “not I exceeding fifteen hundred rupees” shall be substituted;
(ii) before the existing proviso, the following proviso shall be inserted, namely:-
Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:
Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:
Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.”;
(iii) in the existing proviso, for the words “Provided that” the words
“Provided also that” shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
(2A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.”;
(c) in sub-section (3),-
(i) after the words “so ordered” the words, brackets, figures and letter “either under sub-section (1) or sub-section (2A), as the case may be,” shall be inserted;
(ii) after the words “each month’s allowance” the words “or, as the case may be, the lump-sum allowance to be paid in lieu of the monthly allowance” shall be inserted.
[Vide Maharashtra Act, 21 of 1999 sec. 2 (w.e.f. 20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) sec. 2 (w.e.f. 24-9-2001)].
Tripura:
In section 125, for the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted.
[Vide Tripura Act, 9 of 1999 sec. 2 (w.e.f. 9-4-1999}] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words" not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].
STATE AMENDMENTS
West Bengal:
In Sub-section (1) -
For the words “five hundred rupees” the words “one thousand and five hundred rupees” shall be submitted.
(2) After the existing proviso, following proviso shall be inserted, namely.
“Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred o in clause (a) or the minor child referred to in clause (b) or the child (not being a married daughter) referred o in clause (c) or the father or the mother referred o in clause (d) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding the expenses of the proceeding, and monthly during the proceeding such allowance as having regard to the income of such person, it may seem to the Magistrate to be reasonable.
[Vide West Bengal Act 25 of 1992 (w.e.f. 2-8-1993)] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words "not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f, 24-9-2001)].
[Vide W.B. Act 25 of 1992 (w.e.f. 2-8-1993)
 
=================================================================================
 
There are 3 type of cases
·        not yet (pre-assumption)
·        Going on (presently going on at first stage
·        Appeal level (decided in lower court / family court / session court / high court)
 
Important Points
·        Don’t leave your job
·        Take some policies (LIC etc.)
·        Maintenance cases filed by father or mother if dependent
·        Social responsibilities
·        Moral responsibilities
·        Medical policies
·        Rented accommodation
 
Things must do
·        Education of your wife
·        Past working history
·        Present job
·        Present money source
·        PAN details
·        PF details
·        Bank accounts
·        Moveable or immoveable properties
·        Any affair         
 

Bombay High Court:- No maintenance u/s 125 CrPC of Wife is able to maintain herself.

 

Delhi High Court:- DV is not maintainable once there is decree of Divorce. Also, parents of Husband cannot be made Respondents in DV if the Husband and Wife have not stayed with Parents under one roof.

Delhi Session Court:- Wife is not entittle for maintenance as she is able to maintain to herself which is proved by the IT assessment.

Culcutta High Court:-Mahommedan Muslim Women cannot have two Husbands at a same time hence not entitled to claim Maintenance U/S 125 from Present husband.

Bombay HC- Court cannot struck off the defense of Husband if no interim maintenance is paid in CrPC 125

Bombay HC:- Once the interim maintenance is granted either under section 24 of the Hindu Marriage Act or under section 18 of the Hindu Adoptions and Maintenance Act, then, there is no question of entertaining the application under the other Act.

Rajasthan HC:- Wife Needs to prove cruelty or dowry harassment to claim relief u/s125

Delhi HC- Maintenance rejected as the Woman is well qualified, employed earlier and quited the job on her own will.

Kerala HC: It is not every indigent wife that is so entitled to maintenance