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Madhup (Unemployed)     05 November 2010

Divorce

My Wife filed a DV case on me and parents. in 2008 itself,  I got my mother's name removed. I got a stay in High Court. She had made all false accusations and depite having a top lawyer she could not vacate the stay.

Later on I filed divorce. The High court mediated and then she was forced to accept her plaint was false and matter was deferred. I have then used sec 89 of CPC and got divorce through mediation. 

What I found in my experience is that many lawyers are delaying . Even few  high Court Judges simply sit on the cases. The knowledge of lawyers is so pathetic that many dont know that sc 89 CPC is there. Such a system where people can settle matters in 1  day , people face cases for 3 years. 

Is there any way to clean the system and remove people who have zero knowledge. Welcome your thoughts. Also any DV case which is High court for more than 1 month and withdrawn shows that DV cases are also being misused by the parties ,esp against other women. I want to tell my friends  that false DV case can be fought at both levels and at trial case easily. Please dont lose heart. I have come out of the Jhamela and I am a living example of how greed of some women can be exposed using the crooked system



Learning

 15 Replies

Avnish Kaur (Consultant)     05 November 2010

yes our legal system provides relief from fake cases too in IPC 211/511 , but they need tacts to apply. and lots of pain , time, money  and suffering.

1 Like

Arup (UNEMPLOYED)     05 November 2010

exactly ms kaur, that's why a simple person can not get just in the present system, where as crooked & corupt get benifit from it.

1 Like

Arup (UNEMPLOYED)     05 November 2010

What I found in my experience is that many lawyers are delaying . Even few  high Court Judges simply sit on the cases.

The knowledge of lawyers is so pathetic that many dont know that sc 89 CPC is there. Such a system where people can settle matters in 1  day , people face cases for 3 years. 

- I HAVE THE SAME OBSERVATION.

Arup (UNEMPLOYED)     05 November 2010

I am a living example of how greed of some women can be exposed using the crooked system

- NOT ONLY YOU, 100S ARE THERE IS IN THIS PORTAL.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

All advocates are not like this.

s gopal chander (Just a Common Man)     05 November 2010

Dear Team,

Am sharing my experience in a case where the advocate represented me who is not so old in age but his knowledge is outdated and bcoz of his lack of knowledge i wasted 3 years and later im forced to change the lawyer. As a common man i gathered the required details for my case and when i shared that his views are wrong he still claims that he is correct.

the former lawyer charged Rs 25K from me (may be to repay his new car 2 months EMI) and later when i took the relinguishment letter....i openly told him about his mistakes and lack of knowledge..and now a days bcoz of these instances, a lawyers is mostly seen as a person who creates cases to make money for them. 

here is my message to all such advocates...

HAD THEY INVESTED A FRACTION OF THE AMOUNT AT A PLACE 4 INCHES ABOVE THIER NECK, THEY WILL BE IN A DIFFERENT PLACE AND IN DIFFERENT STYLE WITH A SENSE OF SOCIAL RESPONSIBILITY.

Im not a legal counsel but just a common man..

Nyaayapriya (Advocate for justice)     05 November 2010

will you please explain what is sec 89 CPC and how it can be used for getting divorce

Madhup (Unemployed)     05 November 2010

 

Karnataka Mediation Rules Amendment 2006 based on CPC 89

 

 

 

A Settlement arrived here for family and other matters cannot be challenged. It is one day settlement packag esp for family court matters

 

 
 
who have suffered long years of litigation. Only when the parties have decided the matter externally or via High court or other sources, this makes sense
 
to avail this.

Most lawyers who dont practice in Family Court are unware of this and continue to say 6 months even for more than 9 months cases. However any case which has
HMA 9/11 needs the 6 months waiver.

https://karnatakajudiciary.kar.nic.in/govtNotifications/gonotfn3.pdf

Other states will have similar alternate dispute resolution methods. Easy quick and give clear idea to clients. This is ot just for family courts but everyhwere including High courts and District courts.

Amit Goyal (Practice)     05 November 2010

If anybody think that the Advocates make fool to their clients .. Than you may appear urself before the courts of law.. you have authority to appear before courts to express your feelings or case before judges.  .. leave the lawyer and do your own work yourself.. Everybody blame on Judicial officers or our legal system.. whether the all other system are fine.. ? Not.. than why you close your eyes in other cases..? Speak not emotionally but after great thinking..?
 

swatirswatir (learning law)     05 November 2010

wat about delhi? is a settlement in delhi family court challengeable in HC.

Madhup (Unemployed)     05 November 2010

Amit Goyal ji, most cases wohi hota hai. Sometimes lawyer dont turn up. You should know better if you have asked your client to do a pass over. Who is making fool of whom? Clients know this. This is the feedback of many clients. 

Nyaayapriya (Advocate for justice)     06 November 2010

Thank you very much.

Respected Learned Advocates/human beings,

Salutations to all of you.

 

I have a burning question. Please do not mistake me for putting forth this HARD FACT which has been causing lot of injustice to the MALES/HUSBANDS in our country.

 

An unsuccessful and annoying wife (who has been cruel, incompatible, deserted the husband for ever) has ALSO BEEN MADE TO ENJOY all the benefits as a matter of right in our Country. According to the prevailing laws a divorced wife, who has been proved guitly,  can also literally hold her divorced husband by his tuft.

           

THE MOST UNPREDICTABLE FAMILY COURT JUDGES HAVE ALSO BEEN CRUEL TO THE HUSBANDS. YOU PLEASE GO THROUGH THE RECENT JUDGMENTS. ALL OF THEM ARE UNDUELY IN FAVOUR OF WIVES. FACTS AND CIRCUMSTANCES ARE TOTALLY OVERLOOKED. NEITHER THE HUSBANDS ARE  ALLOWED IN THE COURT OF LAW TO PRESENT THEIR VIEWS IN FULL NOR THEIR OBJECTIONS AND CLAIMS ARE CONSIDERED ON THEIR MERITS.

It is ridiculous to find that these judges are awarding decrees which are not at all sought for. Most of the judgments are self contradicting and confusing.

False criminal cases, Dowry cases, misrepresentations, frauds played by the wives are having a soft corner not only with the Rule of Law but also with the Judges 

THE ONLY REMEDY FOR ALL THIS IS THAT THESE JUDGES AND POLITICIANS (INCLUDING THE LAW MAKERS, MINISTERS AND PERSONS AT THE HELM OF AFFAIRS) SHOULD BE MADE TO SUFFER ALL THE ABOVE CRUELTIES. THEIR WIVES AND DAUGHTERS IN LAW SHOULD EXPLODE AGAINST THEM AND FILE CASES AGAINST THEM ON THE ABOVE GROUNDS. THE WIVES AND FEMALE RELATIVES OF THOSE JUDGES, POLITICIANS AND OTHERS SHOULD GO THROUGH ALL THOSE ORDEALS NOW FACED BY OTHERS. ONLY THEN THEIR EYES WILL OPEN AND SOLUTIONS COME THROUGH IMMEDIATELY.

 

The matrimonial laws that are prevailing in India are age old. Now the whole set up has changed. Now the women are a changed lot. Recklessness, lack of sentiments, emotions and feelings, ego and false pride, disrespect and degradation of values of life and human bondage, contempt of tradition and culture among others seem to be the underlining traits of the present day women.   Only a small percentage of women has remained unchanged. The so called women welfare associations are fighting for equal status (they have already got it, you can see bus female conductors, female police officers, female military personnel, female CMs, Governors, Presidents, Directors, scientists, even the astronauts---the list is endless) on  par with the male. They are demanding 33% reservation. That is right. Good signs of progress---but the progress is at the cost of humane sentiments, emotions and feelings. Most of the women (95%) do not care for their husbands, matrimonial life and domestic chores. The plight of more than 90% of the husbands and their parents and other relatives has been at stake.

 

As Nyaayapriya (one who loves justice), I agree that wife should be given all the comforts. It is OK when she is in real sense SAHA DHARMINI, ARDHAANGI, BHAARYA etc. But when she is quite opposite to this how should she be allowed to claim all the comforts/benefits from her estranged husband (with no fault of his) as a matter of right?

A wife who is in litigation against her husband first of all invariably refers to the status, his income, property, wealth et al in her petitions. In almost all the cases, the wives aim at huge moneys as maintenance. Their baseless, false and motivated claims are honored by the honorable Judges. Blindly they have been awarding huge amounts of moneys as maintenance just because the Husband has been earning by toiling hard for himself with no support whatsoever from the wife. They (wives and judges)  squeeze the hen to the end which has been laying golden eggs.

QUIITE OFTEN THE LITIGANT WIVES MAKE THE CLAIM FOR HUGE AMOUNTS OF MONEY WITH REFERENCE TO THE STATUS OF THEIR HUSBANDS AND RICH EARNINGS. BUT THE MOST CRUEL PART OF IT IS THAT THE JUDGES CONVENIENTLY AND CRUELLY DO NOT CONSIDER THE FACT AS TO HOW THAT WIFE HAS CONTRIBUTED AND COOPERATED WITH THE HUSBAND IN ACHEIVING AND MAINTAINING HIS STATUS AND EARNINGS. In addition to bearing the  sufferings created by the troublesome wife, the husband is coerced to part with huge amounts of money as maintenance to a devastating wife. 

AND AFTER THE DESERTION AND DIVORCE HOW AND FOR WHAT USE CAN A WIFE BE CONCERNED ABOUT HER HUSBAND’S WELL BEING, STATUS ETC? Neither the society will recognize and respect such wives.

IT MUST BE NOTED THAT THE ROLE OF THE LITIGATING/DIVORCED WIVES IN THEIR HUSBANDS’ EARNINGS IS TOTALLY NOTHING. IN FACT IT IS NEGATIVE. THEY ARE NOT READY TO SUFFER THE LOSSES BUT RUSH FORWARD TO ENJOY THE PROFITS. THEY DO NOT BEAR WITH THEIR HUSBANDS BUT WANT TO HAVE A SOLID SHARE IN HIS PROFITS.

IN THE LARGER INTEREST OF THE HUSBANDS, SUCH GLARINGLY LOPSIDED LAWS NEED IMMEDIATE REVIEW AND REVERSAL IN THE CURRENT STATE OF AFFAIRS, THESE ANOMOLIES  SHOULD BE SET RIGHT.

I AGREE THAT THE WIFE AND THE CHILD (IF APPLICABLE), SHOULD NOT BE MADE TO SUFFER AND STARVE. LAWS SHOULD IMMEDIATELY BE AMENDED TO SEE THAT ONLY A MINIMUM OF SUSTENANCE IS PROVIDED FROM THE HUSBAND’S SIDE FOR SUCH GUILTY, ANNOYING AND DESTROYERS OF MATRIMONIAL LIFE WIVES. THE ERRING WIVES SHOULD BE CUT OFF WITH ALL OTHER RIGHTS, PRIVILEGES AND CLAIMS SO AS TO ALLOW THEIR HUSBAND TO HAVE A SIGH OF RELIEF.

Please support my views, if I am right,  so that harassed and affected husbands could get some relief. Please join hands and lend your voice in the cause of inconvenienced and victimized husbands.

hedevil hydraheaded (non professional )     06 November 2010

What Madhup says has certain truth....


(Guest)

Well, this topic risks deviating from professional ethics to the omnipresent MAN-WOMAN debate. I see nothing wrong in the assertions being made against lawyers. But its little to do with intention than the way business is conducted on a daily basis. There is little or no control of the BCI on Lawyers. If there is even so much as a complaint against a CA or  CS, the person risks losing his practice license and his degree. Unless administration changes and work ethics change, nothing will move. Who in todays world has "vacations" and strict timings of courts. Evening courts are being conducted as a big favor whereas it should have been the norm long back. Like 8am-8pm working. But lawyers will be the first to oppose that. Heck they are even opposing the conduct of exams for lawyers to be eligible to practice, which is a great move to ensure that the basic knowledge level of our lawyers is better than today.

Having said that, There is little or no incentive in our system to finish the case in a timely fashion or conduct proceedings in a timely fashion. That is, i suspect primarily due to the rather subjective definition of "due process of law". If a judgment is given too soon, it risks being questioned for not following due process of law. For example - Almost half of the consumer court orders or judgments are either stayed or vacated in higher courts for this.


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