Category : Law for All

CRPC section 1444

अक्सर हम सभी सुनते या पढ़ते हैं कि पुलिस ने शांति व्यवस्था बनाए रखने के लिए धारा-144 लगा दी है , कहीं भी किसी भी शहर में हालात बिगड़ने की संभावना या किसी घटना के बाद धारा-144 लगा दी जाती है ।

आखिर धारा-144 है क्या और इसका पालन न करने पर क्या सजा हो सकती है।

क्या है धारा-144
सीआरपीसी के तहत आने वाली धारा-144 शांति व्यवस्था कायम करने के लिए लगाई जाती है । इस धारा को लागू करने के लिए जिला मजिस्ट्रेट यानी जिलाधिकारी एक नोटिफिकेशन जारी करता है और जिस जगह भी यह धारा लगाई जाती है, वहां चार या उससे ज्यादा लोग इकट्ठे नहीं हो सकते हैं । इस धारा को लागू किए जाने के बाद उस स्थान पर हथियारों के लाने ले जाने पर भी रोक लगा दी जाती है ।

क्या है सजा का प्रावधान
धारा-144 का उल्लंघन करने वाले या इस धारा का पालन नहीं करने वाले व्यक्ति को पुलिस गिरफ्तार कर सकती है , उस व्यक्ति की गिरफ्तारी धारा-107 या फिर धारा-151 के तहत की जा सकती है. इस धारा का उल्लंघन करने वाले या पालन नहीं करने के आरोपी को एक साल कैद की सजा भी हो सकती है । वैसे यह एक जमानती अपराध है, इसमें जमानत हो जाती है.

Marital Rape: Does Consent Matter or not ?

Introduction

“Rape is rape irrespective of whether it is committed within or outside marriage”

Marriage in Indian society is considered to be a sacred institution; it is the very foundation of a stable family and a civilized society However it is not so true in real.  Marital rape is one such brutality. Marital Rape refers to a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused.

The Indian Penal Code in Section 375 defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud at a time of when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 16 years of age with the exception of sexual intercourse by a man with his own wife, the wife not being under fifteen years of age”.

The Indian law acknowledges rape if it is committed by a stranger but at the same time if it is committed by a husband, no legal remedy is available for victims. Advancing well into the timeline, the most humiliating and debilitating fact is that marital rape is not an offence in India.

Marital rape at that time had blurred definitions but with the pressure of the second wave feminism, the fog upon the offence started to disperse. Consent plays a role on various levels in the case of marital rape, there can be different kinds of forceful sex upon a wife and the decree of consent would differ in such situations.

1. Forceful Sex: This is a type of marital rape in which the husband uses only enough force required to break her right to consent by using different methods such as Coercion, Application of Force.
2. Battering Rape: In this particular scenario the husband doesn’t only force himself upon the wife but also beats her during, before or after the rape.
3. Unusual Methods for sex: In this type the husband tortures the wife to derive his sexual pleasure and uses perverse methods to fulfill his fantasies which the wife may not have consented to, he may even record her in that vulnerable condition which is in every way a violation of her body.

It’s the will of a wife or any woman in that context to choose her own sexual preferences, person to couple with and also the time and moment when she desires to have intercourse. Being strong due to biological factors doesn’t give any man the power of god to have his way with whoever he wants. Marriage is a union between two people to be partners in a relationship, this means that both the entities are separate in nature and by law, consent matters when it comes to any sort of decision.

Complications faced in criminalizing Marital Rape

1. Lack of Knowledge: Many women don’t know that they actually have the right to prosecute their better half for such crimes, they don’t know that their consent actually matters before her husband can make even the most subtle sexual move.
2. No legal protection: A husband is given free pass by the legal statues in many countries where marital rape has not yet been termed as a crime, so as long as the protectors don’t take the step to protect the married women from getting violated, this monstrosity will never stop.
3. Cultural and social factors: The crown for the legality of marital rape is worn by the people who have set wrong standards about marriage and give their daughters away in marriage as a property of the husband. They never take the daughter seriously even when she tries to complain about her situation. Orthodox mindsets are giving rise to the uncivilized behavior one portrays as a man.
4. Purpose of arranged marriage: Marriages are still arranged for the purpose of procreation, or extending family due to which women don’t get the dignity. Also society gives different roles to man and woman, so as a wife a woman is expected to be submissive, docile and sacrifice her happiness for her family. So many women believe submitting to their husband’s will is their duty and in fulfilling all these duties rights of women are suppressed by society.

Due to these factors our community doesn’t take marital rape as a crime and often the cases go unreported.

Marital Rape: Violation of Fundamental Rights
The exception under Section 375 which permits a man to have sexual intercourse with his wife without her consent is the infringement of Article 14 & 21 of Constitution of India. Article 14 protects a person from discrimination. But the exemption under Section 375 of IPC, 1860 discriminates a wife when it comes to protection from rape. Article 21 provides the fundamental right to live with human dignity.
The Constitution under Art.51A (e) states that it is the fundamental duty of every citizen of India to denounce practices that are derogatory to the dignity of woman. Thus the legislative framework should make amendment under Section 375 of IPC and save married woman who face evil of forceful sexual intrusion at the hands of their husband.
The role of the state in a democratic egalitarian society is to protect and promote the rights of its citizens regardless of their sex or social status. The International instruments, the national laws as well as the constitutional laws bind the state to promote the rights of women as citizens regardless of the fact that they are married or not.18 Marital rape exemptions are unconstitutional. 

The fundamental rights guaranteed by the constitution are not strictly scrutinized neither these are correctly applied.

Suggestions

The following suggestions are made in the light of the above discussion:

1. Marital rape should be inculcated as an offence under the Indian Penal Code.
2. The punishment for marital rape should be the same as the one prescribed for rape under Section 376 of the Indian Penal Code.
3. It should not be a defense to the charge that the wife did not fight back and resisted forcefully or screamed and shouted.
4. The wife should have an option of getting a decree of divorce if the charge of marital rape is proved against her husband. Demand for divorce may be an option for the wife, but if the wife does not want to resort to divorce then the marriage should be allowed to continue since there would be valid consent,
5. Corresponding changes in the matrimonial laws should be made.
6. Counselling should be given to the victims of marital rape.
7. The rights of a married woman should be tantamount to the rights of an unmarried woman.

 

Legal Provisions regarding Freelance Agreements

Who is a Freelancer?

When we hear the term “Freelance”, we may interpret from the word ‘free’ that the person contributes his service free of cost and without any consideration. But this is certainly not the case, a freelancer refers to a person who is self- employed and is not devoted or committed to a particular employer at a particular term. But there are also many variations regarding the same. The term freelancer is often used as a synonym for the “Independent Contractor”.

There can be many areas, where the Freelancer can specialize which include the following: Content Writing, Music, Journalism, App Design, Web Design etc.

What clauses can be applied to the Freelance Agreements?

In India all the contracts and agreements are governed by the Indian Contract Act, 1872. The term “agreement” is defined under Section 2(e) as the promise or a set of promises which includes the consideration for each other. When this agreement becomes enforceable by law, it becomes a contract as per the Section 2(h).The clauses in this agreement is as follows:

  1. Basics

This usually includes the personal information such as

  • Name of the parties
  • Address of the parties
  • Name of the Organizations
  1. Agreement’s Scope

In this particular, the tasks of both the parties are mentioned, that is the consideration for the agreement. The term “consideration” is defined under the Section 2(d) of the ICA, 1872.

  1. The amount of payment and collection procedure

It is very essential for every agreement that the financial statements should be clearly stated. There should be no confusion regarding the consideration in the minds of the parties. It should be clearly stated that whether the freelancer is to be paid on hour basis, work basis, or in any other form.

The form of money that would be paid should also be decided prior to the agreement. For the protection of the companies, one thing must be noted to insert the Cancellation clause in the agreement, which states that if the freelancer backs out before the termination period and the task is accomplished, then the contract will stand as nullified and void.

  1. Term (Duration)

The agreement of license is for a particular term. So the agreement must specify the termination and commencement date.

  1. Termination

Every agreement must contain a termination clause that may vary as per the different agreements. It should specify the obligations that must be fulfilled by the licensee before the termination like making of payments etc.

  1. Deadlines

One thing should be made sure and included in the contract: the deadline that is the date for the submission of the task given.

  1. Jurisdiction and Dispute Resolution

Jurisdiction depends on the nationality of both the parties to an agreement as the parties can be Indian and can also be a Foreign Party. The jurisdiction varies from the courts of India to the courts of other countries.

For dispute resolution, the parties should apply their best of efforts to solve the dispute through co-operation and consultation.

  1. Timing of payment and If the fees is paid late

The above can be a clause in order to protect the interest of the Freelancers who in many circumstances can be exploited by the terms of work of the company. So the date of payment of fees should be exclusively mentioned along with the interest or fines that can be levied on the same for late payments

      9. Clause of Confidentiality

The information that is provided during the tenure of working as a freelancer should not be disclosed to any third party because of the sensitivity of that information.

  1. Privity

This clause brings out the relationship between freelancer and the employer company. It spells out that freelancer has been hired as an Independent Contractor. This implies that neither is responsible and liable for the acts of the other party.

In addition to the above, there are some Boiler-Plate Clauses, which refer to the standard clauses that are present in every Standard Form of Contract which are as follows:

  • Waiver- If the party by intention or by oversight fails to enforce its contractual rights, then it will not result in waiver of the breach of that right or remedy.
  • Severability-This clause states that if any part of the contract is found to be illegal and unenforceable, then it will not affect the remaining contract, the remainder contract will be applicable in all circumstances.
  • Notices- It mentions the handling, payments of notice that are to be made and received.
  • Modifications- Specifies the form of amendments of the agreements, whether oral or written.

Conclusion

Companies nowadays because of the changing trends are entering into freelance agreements as they contribute more to the growth by bringing fresh talent and skill rather than employing permanent employees. The Principle of Payment on Work basis has proved to be very much beneficial for the companies, both performance wise and economically which can be applied to the FREELANCERS!

HOW TO FILE A CASE IN CONSUMER COURT INDIA

Consumer Court:  

As consumers many of us would have to been unhappy about the services we hire or products we buy at one stage or the other. Our complaints against the deficiency of the products and services may not have been satisfactorily handled by the company leaving us frustrated. In such cases you can escalate your problems to consumer court and make the company pay for ignoring your complaints.

Why Consumer Court: 

As consumers many of us would have to been unhappy about the services we hire or products we buy at one stage or the other. Our complaints against the deficiency of the products and services may not have been satisfactorily handled by the company leaving us frustrated. In such cases you can escalate your problems to consumer court and make the company pay for ignoring your complaints.

Where to file:

 This depends on the value of goods and compensation that is under question. You will have to approach district consumer court if the value of the goods and compensation is under Rs.200000. If the value should exceed Rs. 200000 but less than Rs. 10,000,000 then you should approach the respective State Consumer Redressal Forum. For products and services that exceed Rs. 10,000,000, your case should be filed in the National Dispute Commission.

How to file: 

You can choose to file a petition in person or through registered post or through an authorized agent.
You should file your case within 2 years from the date of deficiency.
Before filing your case, you should have all the information ready. All the facts and supporting document should be presented to the respective court. Without the necessary documents and evidence, you will not be able to proceed with your case. Make sure that you keep a copy of all the documents that you submit to the respective forum.
You must also send a notice to the company or business against which you are filing the case.
There is a nominal fee for filing the case depending on the value of the goods and claim. You must find the latest fee structure as it will be revised periodically. You must get a demand draft or Indian postal order for the respective value.
It is important that you file your case under the right jurisdiction area. The area of jurisdiction is determined by the fact where the cause of the deficiency originated. This also depends on the location of the business or company against which you are filing the case.
You can get the application form for filing your case in the appropriate forum. Many people hesitate to file their consumer right cases fearing that they will have to spend a lot of time and money.
If you think that your consumer rights are infringed by a company or business, you must take them to task by filing your case in the right forum.
You must first approach the service provider before you file your case. Only when they do not satisfactorily address your problems within a reasonable time, you should go to the consumer forums.
You should not directly approach the consumer court without bringing the issues to the notice of your service provider.

Cabinet Approves the Commercial Courts, Commercial Division and Commercial Division of High Court (Amendment) Bill 2018

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 for introduction in the Parliament.
The Bill seeks to achieve the following objectives

The Bill brings down the specified value of a commercial dispute to 3 Lakhs from the present one Crore Therefore, commercial disputes of a reasonable value can be decided by commercial courts. This would bring down the time taken (presently 1445 days) in resolution of commercial disputes of lesser value and thus further improve India’s ranking in the Ease of Doing Business
The amendment provides for establishment of Commercial Courts at district Judge level for the territories over which respective High Courts have ordinary original civil jurisdiction i.e in the cities of Chennai, Delhi, Kolkata, Mumbai and State of Himachal Pradesh. The State Governments, in such territories may by notification specify such pecuniary value of commercial disputes to be adjudicated at the district level, which shall ‘not be less than three lakhs rupees and not more than the pecuniary jurisdiction of the district court. In the jurisdiction of High Courts other than those exercising ordinary original jurisdiction a forum of Appeal in commercial dispute decided by commercial courts below the level of District judge is being provided, in the form of Commercial Appellate Courts to be at district judge level.
The introduction of the Pre-Institution Mediation process in cases where no urgent, interim relief is contemplated will provide an opportunity to the parties to resolve the commercial disputes outside the ambit of the courts through the authorities constituted under the Legal Services Authorities Act, 1987.will also help in reinforcing investor’s confidence in the resolution of commercial disputes.
Insertion of new section of 21A which enables the Central Government to make rules and procedures for PIM.
To give prospective effect to the amendment so as not to disturb the authority of the judicial forum presently adjudicating the commercial disputes as per the extant provisions of the Act.

With the rapid economic development there has been considerable increase in commercial activities and consequent steep rise in number of commercial disputes at domestic and international level. Increase of Foreign Direct Investment (FDI) and overseas commercial transactions have further contributed to a significant increase of commercial disputes. With a view to address the issue faster resolution of matters relating to commercial disputes and to create a positive image particularly among the foreign investors about the independent and responsive Indian legal system, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted and commercial courts were established at District Levels in all jurisdictions, except in the territories over which the High Courts have original ordinary civil jurisdiction.

These five High Courts i.e. the High Courts of Bombay, Delhi, Calcutta, Madras and of Himachal Pradesh, exercise ordinary original civil jurisdiction in regard to territories of cities of Mumbai, Delhi, Kolkata, Chennai and the territory of the State of Himachal Pradesh respectively. In such territories of these High Courts as per proviso to sub-section (1) of section 3 there are no commercial courts at district level and instead Commercial Divisions have been constituted in each of these High Courts The specified value of such commercial disputes to be adjudicated by the Commercial Courts or the Commercial Division of High Court, as the case may be is presently Rs. one Crore. Ease of Doing Business is an index of World Bank which inter alia refers to the dispute resolution environment in a country which facilitates the investors in deciding for setting up of and operation of a business.

DIFFERENCE BETWEEN PAROLE, PROBATION, AND BAIL

Parole

Parole is the release of the prisoner and will be a temporary release. It has certain conditions before the completion of the maximum sentence period. This term is associated at the time of Middle Ages with the release of prisoners who had given their word.

Probation,Bail and Payrol

It refers to the period of time after a defendant is freed from prison. An offender on parole would face many of the same rules or precautions as probation. Conditions for parole might include demanding the offender to stay in middle house or continuing with payment of fines and other financial responsibilities.Parole is always granted to those people who have been imprisoned for a particular time period. It follows stringent rules to the letter, or they can be returned to custody with extra time for the violation of the parole.
They are required to visit their parole officer on a regular basis and have to pay for his or her services. In certain cases, being even a minute or two late will be considered as a violation. A few have been returned to custody for the violation of parole when they have a traffic infringement, although it is not common at all.
An additional function of Parole is to try to reintegrate offender into society. Probation or parole can be amended or changed depending on the nature of their offense and conditions of Probation.

Probation

Probation means a period of time before a person is actually sent to a prison or a jail.Instead of pronouncing the sentence and send to jail the judges gives an opportunity for defendants to show that they want to assimilate themselves when defendants receive probation.
Parole can be described as early release from prison conditionally, served in the community and must also follow to specific conditions.
Probation is reported to a Probation officer. Probation mostly is given to first-time offenders and nonviolent crimes. Probation are revoked by Judge.

Bail

Bail is defined as money or some form of property which is deposited in a court. It is a security used for the release of a suspect who has been arrested from custody and there will be a condition that the suspect will return for their trial and in the court appearances.
Bail is used for the release of suspects from imprisonment pre-trial. It ensures their return for the trial. If the suspects do not return to the court, the bail will be forfeited, and the suspect will be brought up based on charges of the crime. When the suspect returns with making all their required appearances, bail will be returned after the trial is settled. There are cases in which the bail money is returned at the end of the trial.
Bail is provided before a trial as it allows the person who is charged with a crime to be released from the jail until the trial date. The cost of the bail is determined by the judge. It is necessary that one has to pay 10% of the bail amount, and also the bail bondsman will negotiate it. There will be a full payment is due for the circumstances called for it.

Difference between Legal Heir Certificate and Succession Certificate

Legal heir certificate and succession certificate are entirely different.

If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate. This certificate can be used for the purpose of transferring Electricity connection, Telephone connection/Patta transfer, House Tax, Bank Account, Filing of IT Returns etc.

If the deceased person is a Government servant then the legal heir certificate is issued for approval of family pension, or to get appointments on concerned grounds. Legal Heir certificate is also provided for various other reasons as-well.

A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act.

Issues need to be known in the right perspective for both categories.

Who issues?: Legal Heir certificates are is issued by Tahsildar of the district to identify a particular deceased person living heirs and succession certificates are issued by the court to the legal heirs of a deceased person.

Who can apply?: Only legal heir can apply for succession certificate but in the case of legal heir certificate, son/daughter/husband/wife/parents of the dead person can apply.

Documents required: Required Documents to obtain succession certificates are death certificate of a dead person, time and place of death, the name of all legal heirs and relation with the dead person. Required Documents to obtain Legal Heir Certificate are Death certificate original, Identity Card, Ration Card, the name of Family members and relationship, an affidavit worth Rs. 20 on a stamp paper.

Fee: For succession certificate, three percentage or more or less % of total value of the property will be charged. To issue legal heir certificate Rs.2 for a stamp and 20r.s for stamp paper for affidavit will be there. Sometimes officials may ask for extra fee or additional fee for lawyers also will be there.

Time period: In the case of succession certificate a newspaper notice for 45 days is issued by the court. Any person having a problem with it can file oppositions. If the court doesn’t receive any objection, it will issue succession certificate. This process may take 5-7 months. 15 to 30 days are needed to issue legal heir certificate.

Importance: The succession certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. The legal certificate is used for gratuity, pension, insurance, PF, retirement claims etc.

FAQ – Domestic Violence Against Women Law in India

Frequently Asked Questions

(We do not take any responsibility of the answers, the are only opinions, please consult your lawyer !!)

1) What is Domestic Violence Bill ? 

Ans: Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner’s conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry.

2) What are the forms of Domestic Violence Bill?

Ans. The various forms of Domestic Violence are as follows:

(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person (woman) or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person (woman) with a view to coerce her or any other person related to her to meet any unlawful demands for any dowry or other property or valuable security; or

(c ) has the effect of threatening the aggrieved person (woman) or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person (woman).

3) Does the Domestic Violence Bill protect men?

A.The Domestic Violence Bill does not protect men.

4) In what ways this Bill is bad for men? 

A. Firstly, it does not provide any legal protection to men. Only women have the right to complain and seek legal action against their male partner. Even if the male partner is a victim of domestic violence, he has no right to complain. When the woman will complain of domestic violence, prima facie, the complaint will be treated as true and genuine. It will be the responsibility of the accused, the male partner, to prove his innocence. After the first complain, the Protection officer will issue a final warning after which the male partner could be imprisoned for one year if the woman decides to complain again. After the first complaint, the male partner will be under constant threat of getting convicted and will do anything the woman tells him to do.


Mental harassment is a relative term. Even if the male partner hasn’t harassed the woman, she has the right to accuse the male partner of domestic violence. Harassment is defined here from the woman’s point of view only. Just a mere petty argument within a relationship, which is an acceptable and general phenomenon, can be called harassment. If the male partner is cruelly nagged and decides to defend himself, the conduct of the male partner will be treated as a form of domestic violence, which will be a punishable crime. Women’s vicious nagging has drove thousands of men to commit suicide. In one year, 22,000 men are committing suicide only because of women’s atrocities, and the figures are increasing. A male partner not living on the woman’s terms, the male partner will be accused of committing a crime. Whatever the woman says, the male partner has to do it. If you don’t do what the woman says, you will be punished legally. Be henpecked or be handcuffed.

Economic abuse is a relative term. If a male partner refuses to pay exorbitant monetary demands of the woman, she can accuse him of domestic violence. Not meeting her extravagant monetary demands is a punishable crime. She can demand any amount of money, and refusing her, will invite legal action. Her extortion is legal after this Bill. When any property is held by the male partner and if the woman has any “interest” in the property, the woman has to right to demand what she wants and not giving her will invite imprisonment.

Verbal and emotional abuse is a relative term. A male partner if resists of getting brutally nagged by the woman, he will be accused of subjecting the woman to verbal and emotional abuse. A woman is free to abuse their male partner verbally and emotionally. But for the male partner to even defend himself, it is a crime. If a male partner decides to answer back, he is committing a crime. Lack of unconditional obedience from the male partner is a punishable crime.

If the male partner requests to the woman to make love when the woman is not in the mood, the male partner is committing a crime. If the woman demands sex from the male partner and he refused because he is not in the mood, the male partner is said to be sexually abusing the woman. The male partner must satisfy the woman sexually as and when she likes it. When the woman is not interested in having sex with him or forces him to have sex with her when he doesn’t want to, the male partner cannot complain of sexual abuse.

In every possible ways, the male partner can be legally controlled by the woman. Not allowing the woman to control the male partner, the male partner is committing a legal crime according to this Bill. The male partner will be arrested if he slightly deviates from the command given by the woman. Even if the male partner has ended the relationship with a woman in the past, the woman can still dig out the grave and complain against the male partner of domestic violence, which is usually done to take revenge. Since the protection officer will be a female, the male partner will be threatened of imprisonment if he does not do what his female partner tells him to do.

5) Only married men are in danger? 
A. No. Domestic Violence Bill extends to live-in relationships too. This also includes relationship between girlfriend and boyfriend..

WAYS TO PROTECT FROM 498A, MAINTENANCE AND 406 IPC CASES

False 498 AWhen your interim maintenance case is pending and you wish not to give the amount to your wife. We can have some strategies that help to reduce the interim maintenance given to the wife.

It can be done by showing the proof of income as this is the honest approach for the husband. It can save the litigation tenure of the interim maintenance.

The husband can pretend that he had done everything for calling back your wife and it was she who dumped you without any reason. The husband can argue that he had tried everything to sort out every matter but she does not corporate for anything. You can use any of her email, SMS, letters, chats or any other audio/video, photos as the documentary evidence. By doing this way show that you will be able to prove that husband can reduce the interim maintenance. Thus she will not get any penny if she has deserted you without any reason.

For every marital dispute, every husband and wife have a chance of mediation through court. Through meditation, the amount can be decided and settled down.  It is a method of reducing the interim maintenance.

The wife’s capability to earn herself is always considered in the interim maintenance. The current statistics of Job and its remuneration for such degree is used for the sake of maintenance. This will cause the reduction of an amount and it is added advantage to decide alimony.

Maintenance is not awarded if a wife is working and enjoying her salary. So it is necessary to collect her job details through RTI. If the wife works in private then you can seek the help of any detective agency or use the help of friends to know about her salary.

When a wife is indulged in adultery and you have the proof against her then it can be submitted to the court. This will cause the wife to get any of the interim maintenance.