How to Fight and Reduce Maintenance under CrPC 125 and DV Act

Description

Note: On Amazon this book is available only in digital format, and not in print version. It can be downloaded once, and can be read on laptop/PC, tablet, Android/iOS smartphone after installing Kindle app. This book is written from perspective of informing Indian men on how best to handle maintenance cases filed by wife, and how to deny or reduce the maintenance amount. The audience is especially men facing or likely to face multiple cases foisted by wife including IPC 498A, 406, 506, 34, 323 and others. Also, it will be useful for men who have filed RCR/divorce or wife has filed same on them, and now she has filed a maintenance claim under HMA 24. Handling maintenance cases of wife is a universal feature of all above scenarios, but unfortunately it is somewhat ignored in the initial stages by men with the result of getting burdened by high maintenance, and still having to fight cases for many years in court. Broad areas covered in the book Understand what is maintenance, the need for it, and the history behind it. Develop a cool, calculated, unemotional approach to win the game, rather than betting on emotional responses like: "I will not pay a penny, and let's see what happens". Understand why reducing interim maintenance and final maintenance are the most important things to do in overall fight. Why they are even more important than fighting IPC 498A/406, divorce/RCR etc? Explore the bare act of CrPC 125 and understand its main points and their implications. Explore the bare act of PWDVA (DV Act) and understand its main points and their implications. Learn how to write your objections and deny DV allegations? Know which kind of evidences are helpful refute domestic violence allegations. Understand the concepts and implications of shared household and residence order under DV Act. Should you sell your house to protect it from falling into wife's hands? Should you transfer the house to your mother's name? What is a protection order? Understand all the sections under which wife can take your money under DV Act: monetary relief, compensation, maintenance. Learn the techniques on how to thwart these or minimize the damage. Understand the process of summons and other court procedures in CrPC 125 and DV Act cases. Is it a good idea to delay taking summons? Ways to find and manage a lawyer, negotiate lawyer's fees, communication etc. Filing vakalatnama, appearing in court. Find out what evidence to collect, and which evidence is most important to deny or reduce maintenance to wife. How to use CrPC 91 to get wife's employment records or bank statement etc. How to reduce own income in hand? Getting parents to file CrPC 125 on husband to reduce in-hand income. Some common myths to avoid in fighting maintenance cases - like leaving one's job or filing RCR. What happens if you don't pay maintenance? How much jail time can be ordered? Warning: Not a recommended 'strategy'. What needs to be done if arrears of maintenance have accumulated? Can you file appeal to reduce maintenance if arrears are pending? Go through important judgments/precedents about maintenance ordered under CrPC 125 and DV Act. Some judgments of HMA 24 are also covered to explain about maintenance principles, though discussion of HMA 24 is not in scope of this book. The judgments on maintenance are divided into sections based on whether one's wife is working, qualified but left job, qualified but never worked etc. An easy approach is given on selecting the appropriate judgment closest to the facts of your own case. Finally, the appendices contain several full bare acts< Ch 1. Introduction Who am I, and why I decided to write a book on this topic? Purpose and perspective of this book Why is this eBook not free? Intended audience What this book will not cover Often used terms and references in the book Glossary and Reference Basic legal terms used in the book Other useful legal terms to know A note on writing style in this book Ch 2. Why fighting maintenance cases well is the best strategy? Usual sequence of events in a typical case which comes to MRAs IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important? Interim maintenance - Minor headache, or Enemy Number One? Interim maintenance and maintenance are the top problems Golden rule: Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it The dangers of high interim maintenance The advantage of low interim maintenance How and why men ignore maintenance cases and get trapped? Suggested approach in this book Ch 3. What is maintenance and why it came into being What is maintenance to wife, and its history Factors used in US for deciding on maintenance Indian situation about rules and factors for deciding maintenance Ch 4. Understanding sections of CrPC 125 and implications Why do we need to read bare acts Section 125 in The Code Of Criminal Procedure, 1973: Bare Act Understanding basics of CrPC 125 and implications What happens if husband doesn’t pay maintenance? Fine levy warrant if husband doesn’t pay maintenance Format of warrant in case one doesn’t pay maintenance Ch 5. Understanding sections of DV Act (PWDVA) and implications What is PWDVA (Protection of Women from Domestic Violence Act) Statement of Objects and Reasons of DV Act with commentary How is a DV case different from CrPC 125? Section 2. Important terms in PWDVA - let’s learn the basics Section 3. What can be alleged to be domestic violence? A simple approach to fight DV allegations Section 5. Can a woman who has filed DV case later file 498A too? Section 9, 10. What to do if a women’s NGO calls you about DV complaint against you? Section 12. How complaint under DV Act is filed and time for disposal Section 13. Notice to respondent NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PWDVA Section 14. Counselling under DV Act for wife and husband Section 16. Proceedings in private if requested Section 17. Right to reside in shared household Section 18. Protection orders - Honey, I won’t hurt you again! Section 19. Residence order - wife comes, wife stays, you go out I am fearing DV case, should I sell my house? Should I transfer house to my mother’s name? Section 20. Monetary reliefs - It’s all about Money, Honey! Want to save maintenance? Invite your wife to DV House Other benefits of DV House Section 21. Custody Orders Section 22. Compensation Orders - Or how I became a rich woman claiming domestic violence! Section 23. Interim and Ex-parte orders Section 24. Order copies Section 25. Duration and alteration of orders Section 26. Same relief can be got in other proceedings too Section 27. Jurisdiction Section 28. Procedure of trial Section 29. Appeal Section 31. Jail term up to 1 year on violation of protection order Section 36. Other laws still apply 37. DV Rules Ch 6. Proceedings and summons in CrPC 125, DV Act Sequence of steps in court in CrPC 125 or DV Act CrPC 125 proceedings are quasi-civil and quasi-criminal Procedure for Summons in CrPC 125 case Can summons be delivered at your office address? What will happen if you don’t take summons? Summons delivery if you are not found at the address What happens in court in first hearing? What will not happen in court in first hearing What needs to be done in first hearing What does not need to be done in first hearing Likely things which may happen in first hearing How to file objections to wife’s application? Ch 7. How to find and manage a lawyer Should you expect an advocate to be like a doctor? Do advocates act like they believe in law? How to find a good lawyer Basic homework, preparing by reading laws, important judgments Having realistic expectations Taking a clear stand on your matrimonial problems Are you in touch with other men facing similar issues? Setting expectations, Managing your advocate, handling communication Set realistic expectations from lawyer Approach to take with lawyer Young lawyer or old? Setting fees Best practices of engaging with lawyer Communicating with lawyer Changing lawyer Ch 8. Things to do - Evidence, Story, CrPC 91, Show expenses Write the story, Collect the evidence Write the story Collect the evidence Earnings or Qualifications? How much income could your wife earn if she worked? What kind of proofs to collect? What proofs to collect if you suspect wife of an affair? Using CrPC 91 to collect evidence from wife’s workplace CrPC 91 format How to collect evidence of wife’s work status etc? Whether to use detectives? Ask wife to give affidavit that she is not working List investments and expenses to show reduced in-hand income Regular monthly expenses Regular monthly deductions from salary Regular yearly or one-time in an year expenses Investment oriented expenses Non-investment oriented expenses Get parents to file CrPC 125 maintenance case on you Ch 9. Myths and things one should not do Myth 1: Leaving job will help me save maintenance Myth 2: Taking back wife can save maintenance Myth 3: Filing RCR (Section 9) can save maintenance Ch 10. How to use judgments and precedents? How to use the judgments in following chapters? Ch 11. Judgments about wife’s eligibility for maintenance and how much amount awarded How decided if wife unable to maintain herself? Wife unable to maintain herself decided based on material placed on record How maintenance amount is to be determined? Income of woman from property must be taken into account - SC judgment Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income Husband’s gross salary 20K, net 12K, wife’s maintenance enhanced from 2.5K to 4K, zero amount to 2 major daughters Judgments if adultery of wife alleged Affidavit by another man that wife stays with him not enough to prove wife’s adultery and denial of maintenance Judgments on maintenance for children and wife to share too Wife has income but she wants you to bear all expenses of children through her maintenance applications Ch 12. Judgments about maintenance amount when multiple cases Maintenance amount in CrPC 125 along with HMA 24 Rs 7000 given in HMA 24 when already Rs 2000 in CrPC 125, husband income 45000, ailing mother Amount awarded under CrPC 125 adjustable against the amount awarded in the matrimonial cases (HMA 24) Stay on CrPC 125 application when civil case on same matter pending Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending Fresh application under DV Act dismissed when CrPC 125 maintenance already awarded Multiple maintenance under DV Act denied when CrPC 125 already decided DV Act Maintenance application dismissed when CrPC 125 maintenance already awarded Maintenance application under DV Act dismissed when CrPC 125 maintenance already awarded Ch 13. Judgments about arrears of maintenance, warrant, arrest, jail etc Warrant arrest etc Arrears of maintenance Rs 69000, husband paid 50000 already, HC stays execution of warrant against husband Arrest for non-payment only within 1 year, but no time limit for recovery Arrest for non-payment has time limitation CrPC 125(3), but no time limit for recovery under CrPC 128 Ch 14. CrPC 125 maintenance denied judgments Wife working, maintenance denied Desertion by wife, wife working, unable to prove husband’s bad habits, maintenance denied Wife’s income tax return show income, maintenance denied Wife qualified but non-working, maintenance denied Judgment Delhi court:No maintenance to qualified wife under 24 HMA Qualified wife can’t sit idle and claim maintenance: Mumbai family court Qualified woman asking for travel allowance for attendant denied, and severely castigated Wife not working, denied on grounds of desertion Desertion by wife, husband has good evidence against wife’s allegations, maintenance denied - SC 2003 Desertion by wife, no reasons for desertion, maintenance denied - P&H HC 2008 Wife staying apart, her own father’s testimony against her, divorce based on cruelty to husband, maintenance denied Wife working but lied on oath, file perjury CrPC 340 CrPC 125 wife lied, perjury under CrPC 340 - Jagdish_Prasad_vs_State_&_Ors Delhi HC 2008 Ch 15. DV Act, procedures to follow before maintenance order Interim maintenance and reliefs only after summary trial in DV case Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case No monetary relief under Sec 20 until domestic violence proved No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved - Mumbai HC DV petition dismissed because of prima-facie no domestic violence DV petition dismissed because of prima-facie no domestic violence Ch 16. DV Act maintenance denied judgments Working wife, stopped work before filing DV case Wife was making 50K p.m., resigned on her own giving lame excuses, maintenance denied to her Wife qualified but non-working, maintenance denied Wife qualified like husband (MBA), interim maintenance denied in PWDVA Qualified MBBS wife asked to do some work - Justice S N Dhingra, Delhi HC Domestic violence not proved, maintenance application dismissed Domestic violence not proven, maintenance application dismissed Ch 17. Other DV Act judgments Wife not entitled to her father-in-law residence under DV Act Wife not entitled to stay in or claim her father-in-law’s house using DV Act Ch 18. Final thoughts Evil of unjustified maintenance, parasitism, men’s rights Comments and Feedback welcome! Spread the word! Other books by author Appendix A: CrPC 125 Appendix B: PWDVA Appendix C: PWDVA Rules, 2006 Appendix D: Family Courts Act, 1984