Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
Read more at: http://www.livelaw.in/prosecution-u-s-498a-ipc-and-dowry-prohibition-act-not-sustainable-when-the-complaint-is-filed-long-after-divorce-sc-read-order/
🎓🎓Maintenance – minor entitled to be maintained by mother as well as father if both are earning members .
The Supreme Court in the case reported as MANU/SC/0207/2000 : (2000) 4 SCC 266 Padmja Sharma v. Ratan Lal Sharma has dealt with the issue of maintenance and obligation of the mother having the earning capacity to maintain the children.
The relevant discussion appears in para No. 10 which is extracted hereunder:--
"Maintenance has not been defined in the Act or between the parents whose duty it is to maintain the children.
Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956 constitute a law in a coded form for the Hindus.
Unless there is anything repugnant to the context definition of a particular word could be lifted from any of the four Acts constituting the law to interpret a certain provision.
All these Acts are to be read in conjunction with one another and interpreted accordingly. We can, therefore go to Hindu Adoptions and Maintenance Act, 1956 (for short the 'Maintenance Act') to understand the meaning of the 'maintenance'.
In Clause (b) of Section 3 of this Act "maintenance includes
(i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage."
And under Clause (c) "minor means a person who has not completed his or her age of eighteen years,"
Under Section 18 of Maintenance Act a Hindu wife shall be entitled to be maintained by her husband during her life time.
This is of course subject to certain conditions with which we are not concerned.
Section 20 provides for maintenance of children and aged parents.
Under this Section a Hindu is bound, during his or her life time, to maintain his or her children.
A minor child so long as he is minor can claim maintenance from his or her father or mother.
Section 20 is, therefore, to be contrasted with Section 18.
Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother.
It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.".
Referred in Rupali Gupta vs. Rajat Gupta (05.09.2016 - DELHC) : MANU/DE/2384/2016🎓🎓
Second marriage valid even if plea against divorce is pending: SC
https://timesofindia.indiatimes.com/india/second-marriage-is-not-void-even-if-appeal-against-divorce-of-first-marriage-is-pending-sc/articleshow/65543065.cms?utm_campaign=andapp&utm_medium=referral&utm_source=whatsapp.com
While comparing with other well developed countries which are rich in literacy, technology, wealth, etc., the legitimate queries arose are as follows:
1). Aren't the human sexual organs voluntary muscles? (Section 377 of IPC) How can the parliament through its law regulate the arousal of human sex organs? 2). Aren't the sexual pressure involves the interests of men, women & transgender? (Section 497 of IPC) Why only men to be prosecuted for Adultery while it's gender mutual? 3). Aren't the wives/women raping/forcing their husbands/men for sexual pleasure? (Section 376 of IPC) Why only men to be prosecuted for Rape while it's gender neutral? 4). Isn't the Right to Sexual pleasure a Human Right? Shall it be specially written in Constitution for enforcement? 5). Is 'Marital Rape' an invention or discovery? (Supreme Court woke up finally and struck down section 377 of IPC as unconstitutional).
TEN ADVICES from a Supreme Court JUDGE who handled Family Dispute Courts:
1.Don't encourage your son and his wife to stay under same roof with you. Best to suggest them to move out, even to the extent of renting a house. It's their problem to find a separate home.
More the distance between you and your children's families, the better is the relationship with your in laws.
2.Treat your son's wife as his wife, not as your own daughter, maybe just treat her as a friend. Your son would always be your Junior but, if you think that his wife is of the same rank and if you ever scolded her, she would remember it for life.
In real life, only her own mother and not u will be viewed as a person qualified to scold or correct her.
3.Whatever habits or characters your son's wife has is not your problem at all, it is your son's problem. It isn't your problem as he is an adult already.
4.Even when living together, make each others businesses clear, don't do their laundry, don't cook for them and don't baby sit their children. Unless, of course, there is a special request by your son's wife and you feel that you're capable and don't expect anything in return.
Most importantly, you shouldn't worry about your son's family problems. Let them settle themselves
5.Pretend to be blind and deaf when your son and his wife are quarrelling. It's normal that the young couple do not like their parents to be involved in the dispute between husband and wife.
6.Your grandchildren totally belong to your son and his wife. However they want to raise their children, it is up to them. The credit or blame would be on them.
7.Your son's wife need not necessarily respect and serve you. It is the son's duty. You should have taught your son to be a better person so that you and your son's wife relationship could be better.
8.Do more planning for your own retirement, don't rely on your children to take care of your retirement. You had already walked through most of your journey in life, there are still a lot of new things to learn through out the journey.
9.It is your own interest that you enjoy your retirement years. Better if you could utilise & enjoy everything that you had saved before you die. Don't let your wealth become worthless to you.
10.Grandchildren don't belong to your family, they're their parents precious gift.
*PLEASE NOTE*
_This message is not only for you. Please share it with your friends, parents, in-laws, uncles, aunties, husband or wife to find peace & progress in life as it is *based on life long experience* of a *judge* who handled *family dispute courts*.
https://www.linkedin.com/pulse/ten-advices-from-supreme-court-judge-who-handled-family-singh
Compensation for live-ins if man refuses to marry?
https://timesofindia.indiatimes.com/india/compensation-for-live-ins-if-man-refuses-to-marry/articleshow/64833651.cms?utm_campaign=andapp&utm_medium=referral&utm_source=whatsapp.com
Partners In Live-In Relationship Cannot Be Separated Through Writ Of Habeas Corpus: Kerala HC Allows 18 YO Boy & 19 YO Girl To Live Together [Read Judgment]
Read more at: http://www.livelaw.in/partners-in-live-in-relationship-cannot-be-separated-through-writ-of-habeas-corpus-kerala-hc-allows-18-yo-boy-19-yo-girl-to-live-together-read-judgment/
