ShoneeKapoor Profile picture
Mar 27 6 tweets 7 min read Twitter logo Read on Twitter
Ever wonder why #498A is misused by so many #women these days?

Here are some reasons why #498a is so easy to #misuse.

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1. The law is #cognizable in nature, which means that the #complaint of the #woman is sufficient for setting the #criminal law in motion.
2. The police are #duty-bound to register an #FIR on receipt of the complaint of #cognizable crime.
3. However, even after that, if the #woman so desires, the #FIR would be registered.

4. Further the #crime is non-#bailable in nature.
5. Although addition of Section 41 in #Criminal Procedure Code has curbed arbitrary and #illegal arrests to a large extent, still #arrests do happen at the whims of #Police Officers, more so, when such officers are influenced by the #complainant side.
6. Once the #FIR has been registered, it can not be #withdrawn by the #complainant.

7. This said, #HighCourts does quash such cases in the interest of justice and society. Mostly the same happens after the #Husband and his #relatives dish out huge amounts of monies.

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More from @ShoneeKapoor

Mar 30
Even though #marriage #registration is taken lightly in India, it is one of the most #Important things to be done once the rituals and the parties are over.

Here are the #Benefits of a #registered marriage in India

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1. If a #spouse is working abroad and wants to take his or her partner along requires the #marriage #certificate.
The foreign #embassies abstain from issuing a work #permit in the absence of a marriage certificate.
2. #Legal proceedings in case of succession of property to the #spouse are easy.

3. The court requires a #marriage #certificate to transfer #property or #custody of children in case of legal separation.
Read 8 tweets
Mar 28
How do the #Courts decide #maintenance when the income of the #parties is not clear? And cannot apply any formula to the income.

The courts consider the following #aspects.

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1. CAPACITY
The presumption that every able-bodied person must earn and maintain their #wife and #children is not accounted for by courts in India.
Courts assume that the family has sufficient means to #support the #husband and provide income based on lifestyle.
2. INCOME OF PARTIES
The courts are mindful of deductions on which parties have #nocontrol, such as Contribution to Provident Fund and other direct #taxes. ..
Read 7 tweets

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