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Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Monday, April 16, 2007

Bibles 4 SIFians, Be a Playa.... Baazigar O'Baazigar

Hi All,

I agree to Myidbnt for 90% of the time!(there are risks of backfire if you get your wife fired by counter cases/actions against her), but if you are what they call a "PLAYA"(Khiladi) ‘propah’, u could doctor the spin yet again against the same wife who lost her job.

You just have to impress upon the court that the company fired her ONLY after they were convinced that she misused the law and hence is facing a counter case from you. So now you not only can defend your maintenance or any other possible backlash, but also use this flip-flop show yet against your wife by telling the court in appropriate words.... “if the company is convinced, why are you not”, at least cite the fact that you could get the company convinced of her wrong doings and get a favourable hearing from the courts(u should, if possible, mask/downplay the fact, if it is so, that the company fired her only because of the company's HR policy on employees with criminal proceedings against them)

Tables can surely be turned, but it needs a PLAYA, an International Khiladi in thought and actions(ab seedhey hoke kuch faida toh nahin hein, better bend it like Beckham and enjoy doing so). Try karo 100 mein se 10 aap bhi playa ban sakta hein. Even if there is 90% chance that your ploys backfire, Indian system is full of loop holes , USE IT, PLAY IT.

But like all good Players(superlative slang of which is 'Playa' ), you should be ready to lose the game, only to win it back at Sundown.

Haar ke jeethney walon ko........ yes Baazigar kahthey hien.

Dont just be afraid, u are in the 'No-risk' zone, if u assess and understand your risk perceptions appropriately. Don’t be shy to be a PLAYA or a Baazigar. Reminding you all once again, if u "will" enough, there would be a way enough.
The key is playing to the gallery, with the Loop holes, whatever may be your personal situation.

For more details of how to play, read criminal manual(and Family and Divorce laws if thats ur pain area), URSELVES , and make it your bible along with other books mentioned below as appropriate to ur case, details as below.

I : http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)

Criminal Manual (Pkt. Size) by Universal ( Pages - 631, Hardbound, Year - 2006 ) Price : Rs 195.00 Description : General Contents: Effective Date Natifications. New Amendments at a Glance. The Criminal Law (Amendment) Act, 2005 (2 of 2006) The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) as amended by Act 25 of 2006. Consolidated Table of Cases. The Code of Criminal Procedure, 1973:- as amended by The Code of Criminal Procedure (Amendment Act, 2005 (25 of 2005) and The Criminal Law (Amendment) Act, 2 of 2006). The Indian Evidence Act, 1872: as amended by The Criminal Law (Amendment) Act, 2005 (2 of 2006). Consolidated Subject Index. http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)This version(pocket size) of criminal manual is from Universal Law Publishing co. Rs.195(It contains Cr.PC, IPC and Indian evidence act).

II: https://www.vedamsbooks.com/no42204.htm

Commentary on the Hindu Marriage Act, 1955 : Incorporating All the Amendments in the Act, Rules from the Commencement of the Act with Latest Case Law and Extracts from Hindu Adoptions and Maintenance Act, 1956/Sukh Dev Aggarwal. Delhi, The Bright Law House, 2005, viii, 720 p., $35. Details No. 42204

Contents: I. Preliminary: 1. Short title and extent. 2. Application of act. 3. Definitions. 4. Overriding effect of act. II. Hindu marriages: 5. Condition for Hindu marriage. 6. [Repealed]. 7. Ceremonies for a Hindu marriage. 8. Registration of Hindu marriage. III. Restitution of conjugal rights and judicial separation: 9. Restitution of conjugal rights. 10. Judicial separation. IV. Nullity of marriage and divorce: 11. Void marriages. 12. Voidable marriages. 13. Divorce. 13A. Alternate relief in divorce proceedings. 13B. Divorce by mutual consent. 14. No petition for divorce to be presented within one year of marriage. 15. Divorced persons when may marry again. 16. Legitimacy of children of void and voidable marriages. 17. Punishment of bigamy. 18. Punishment for contravention of certain other conditions for Hindu marriage. V. Jurisdiction and procedure: 19. Court to which petition shall be presented. 20. Contents and verification of petitions. 21. Application of act V of 1908. 21A. Power to transfer petitions in certain cases. 21B. Special provision relating to trial and disposal of petitioners under the act. 21C. Documentary evidence. 22. Proceedings to be in camera and may not be printed or published. 23. Decree in proceedings. 23A. Relief for respondent in divorce and other proceedings. 24. Maintenance pendent lite and expenses of proceedings. 25. Permanent alimony and maintenance. 26. Custody of children. 27. Disposal of property. 28. Appeals from decrees and orders. 28A. Enforcement of decrees and orders. VI. Savings and repeals: 29. Savings. 30. [Repeals]. Appendices: 1. The Hindu Adoptions and Maintenance Act, 1956. 2. Rules of High Court. 3. Registration of marriage rules.

III: and may be: https://www.vedamsbooks.com/no10198.htm#.

Nullity of Marriage Under Hindu Law/Manjit Singh Nijjar. 1994, xvi, 227 p., $17.
Contents: Preface. 1. Marriage and matrimonial reliefs under The Hindu Marriage Act, 1955. 2. Bigamy. 3. Prohibited degree relationship. 4. Sapinda relationship. 5. Impotency. 6. Mental incapacity. 7. Consent to marriage obtained by force and fraud. 8. Pre-marriage pregnancy. 9. Forum of petition, effect of decree and post-decree consequental relief. Appendices. List of cases. Bibliography. Index.
"This book thoroughly examines the provisions relating to the nullity of marriage under section 11 and 12 of the Hindu Marriage Act and makes indepth study of the juridical approach to the said provisions. The book also highlights the shortcomings and infirmities so as to make the substantive provisions and administration of these provisions leakproof and lucid. A critical approach been has undertaken to make the book useful and complete from all aspects."
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Keep these books at least under ur pillow, and it will serve u that much better!.
Better.....Buy books like these for ur groups/libraries, if people know of better/additional references, pour them in too.

USE THEM, PLAY BY THEM.... and be the PLAYA.......

Regards,

Gokul
9821414336(Bombay), http://gokul.go.to

PS: Also blogged at the Book of Knowledge Blog: http://bok498a.blogspot.com/2007/04/bibles-4-sifians-be-playa-baazigar.html

Tuesday, August 01, 2006

Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.