Archive for August 20th, 2007

A Guide To Court Procedures In India

Folks,
What are the procedures that are followed when a case goes to court?I don’t know and I am sure that you don’t know either. I am searching/looking for this info and it would be great if someone could gift me this information. I found this book called “A Handbook Of Court Procedures In India” at this site.
Here is an Alternative site.
Here is an overview of the book: ” There is a general feeling among Indians that resorting to court proceedings leads to empty-wallets and heavy heads. This feeling is partly attributable to lack of awareness among common folk about court procedures in India. The present work is an attempt to bring this basic awareness in the litigant’s mind that courts are meant to serve the people by providing the necessary relief. Basic knowledge of court procedures has become a necessity in the modern complex societies. This work envisages a utility not only for the general public but also for the students of law who enter the courts with no knowledge of court procedures.”
This is a good place to start. I will post more info as I go along.

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Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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