Legal Seva दफ्तर

Legal Seva दफ्तर

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Legal Seva Kendra is a legal news portal & a legal consultancy service firm registered as a commercial establishment with Reg No. HW03422N2021000011 under West Bengal Shops and Establishments Rules, 1964.

Legal Seva Kendra is a legal news portal & a legal consultancy service firm registered as a commercial establishment with Reg No. HW03422N2021000011 under West Bengal Shops and Establishments Rules, 1964 which is a full service law firm focused on delivering quality and value to legal interns, it's Employees and to its clients through it's unparalleled legal expertise and experience with its indus

Operating as usual

20/01/2022

𝗪𝗶𝗳𝗲 𝗛𝗮𝘀 𝗥𝗶𝗴𝗵𝘁 𝘁𝗼 𝗟𝗶𝘃𝗲 𝗮𝗻𝗱 𝗘𝗻𝗷𝗼𝘆 𝗟𝗶𝗳𝗲 𝗔𝘀 𝗣𝗲𝗿 𝗦𝘁𝗮𝘁𝘂𝘀 𝗼𝗳 𝗛𝘂𝘀𝗯𝗮𝗻𝗱- 𝗦𝗲𝘀𝘀𝗶𝗼𝗻 𝗖𝗼𝘂𝗿𝘁 𝗜𝗻𝗱𝗼𝗿𝗲

According to the law, Economic domestic violence means failing to meet the wife’s basic needs, such as food, clothing, and household expenses, if she lives apart from her husband.

In this case, the husband has been ordered by the court to pay the wife Rs 25 lakh in lump sum and Rs 15,000 per month.

This order was passed by the court to Mahendra son of Hiralal Rajoria, a builder and engineer.

Mahendra's wife filed an appeal in the sessions court against her husband and also filed a maintenance claim in district court due to a mutual disagreement between the couple.

When the court decided this case in 2008, it ordered the husband to pay the wife 5,000 rupees per month.

The wife then filed an appeal in the Sessions Court against this decision through Advocate KP Maheshwari. Mahendra married 26 years ago. After a few years, he began to have disagreements with his wife. Later on, the couple began to live apart.

The husband argued in court that the wife is capable of earning her own money. He is not required to pay maintenance, but the court dismissed these arguments.

The Court observed:

It is settled law that mental physical and economical violence against a wife women comes within the meaning of domestic violence and even not providing food, clothes and basic amenities to a wife may also amount to economical domestic violence against her. In this case, the respondent/husband has not claimed that he is giving any financial help to his wife except making payment of an amount ordered by court. So, it is clear that the respondent/husband in not taking care of daily need of his wife whereas he has sufficient means to maintain her as its not less than an economical domestic violence in this case against the applicant/wife. As far as concern to the compensation for loss of properties, mental and physical harassment, the evidences and document placed on record are not sufficient to prove that the applicant/wife is entitle to as such relief of Rs. 51 lac’s for loss of properties and mental and physical harassment to the applicant/wife. Moreover, the daughter of parties to the litigation namely Anushka appeared before the court and deposed that her father is bearing all the expenses for their study and day to day needs and he is also taking care of them as this court has not found any reason to grant any amount to applicant against the marriage of their children.
#formen #fakefeminism #GenderBiasedLaws #alimony

𝗪𝗶𝗳𝗲 𝗛𝗮𝘀 𝗥𝗶𝗴𝗵𝘁 𝘁𝗼 𝗟𝗶𝘃𝗲 𝗮𝗻𝗱 𝗘𝗻𝗷𝗼𝘆 𝗟𝗶𝗳𝗲 𝗔𝘀 𝗣𝗲𝗿 𝗦𝘁𝗮𝘁𝘂𝘀 𝗼𝗳 𝗛𝘂𝘀𝗯𝗮𝗻𝗱- 𝗦𝗲𝘀𝘀𝗶𝗼𝗻 𝗖𝗼𝘂𝗿𝘁 𝗜𝗻𝗱𝗼𝗿𝗲

According to the law, Economic domestic violence means failing to meet the wife’s basic needs, such as food, clothing, and household expenses, if she lives apart from her husband.

In this case, the husband has been ordered by the court to pay the wife Rs 25 lakh in lump sum and Rs 15,000 per month.

This order was passed by the court to Mahendra son of Hiralal Rajoria, a builder and engineer.

Mahendra's wife filed an appeal in the sessions court against her husband and also filed a maintenance claim in district court due to a mutual disagreement between the couple.

When the court decided this case in 2008, it ordered the husband to pay the wife 5,000 rupees per month.

The wife then filed an appeal in the Sessions Court against this decision through Advocate KP Maheshwari. Mahendra married 26 years ago. After a few years, he began to have disagreements with his wife. Later on, the couple began to live apart.

The husband argued in court that the wife is capable of earning her own money. He is not required to pay maintenance, but the court dismissed these arguments.

The Court observed:

It is settled law that mental physical and economical violence against a wife women comes within the meaning of domestic violence and even not providing food, clothes and basic amenities to a wife may also amount to economical domestic violence against her. In this case, the respondent/husband has not claimed that he is giving any financial help to his wife except making payment of an amount ordered by court. So, it is clear that the respondent/husband in not taking care of daily need of his wife whereas he has sufficient means to maintain her as its not less than an economical domestic violence in this case against the applicant/wife. As far as concern to the compensation for loss of properties, mental and physical harassment, the evidences and document placed on record are not sufficient to prove that the applicant/wife is entitle to as such relief of Rs. 51 lac’s for loss of properties and mental and physical harassment to the applicant/wife. Moreover, the daughter of parties to the litigation namely Anushka appeared before the court and deposed that her father is bearing all the expenses for their study and day to day needs and he is also taking care of them as this court has not found any reason to grant any amount to applicant against the marriage of their children.
#formen #fakefeminism #GenderBiasedLaws #alimony

NCRB Report 2020 | Crimes Against Women | Cases Registered V/s False; Conviction Vs Acquittal 19/01/2022

NCRB Report 2020 | Crimes Against Women | Cases Registered V/s False; Conviction Vs Acquittal

Since social media warriors are asking "How Many False Cases Against Men?"

Here is the latest NCRB Data 2020

#MaritalR**e #SpeakUpMen

Link | https://mensdayout.com/ncrb-report-2020-crimes-against-women-cases-registered-v-s-false-conviction-vs-acquittal/

NCRB Report 2020 | Crimes Against Women | Cases Registered V/s False; Conviction Vs Acquittal National Crime Records Bureau has released crime statistics for year 2020. It is important to note that the country was under a lockdown for several months due to Covid -19 Pandemic in 2020. The organization releases data on crime against women separately. There are several sections of Indian Penal

18/01/2022

Woman, 29, Software Engineer marries CRF guy in 2017

Stays with him for just 4 days, returns to Pune

Never joins husband again

Files #498A, DV, Divorce, demands maintenance despite working in MNC & wants 25 Lac alimony

If #MaritalR**e law existed, she'd have applied that too

Woman, 29, Software Engineer marries CRF guy in 2017

Stays with him for just 4 days, returns to Pune

Never joins husband again

Files #498A, DV, Divorce, demands maintenance despite working in MNC & wants 25 Lac alimony

If #MaritalR**e law existed, she'd have applied that too

17/01/2022

#MaritalR**e PIL in Delhi High Court

Know Some Of The Petitioners (For), Defendants (Against) & Amicus Curiae

#MenToo #GenderBiasedLaws #498a
Men’s Day Out

#MaritalR**e PIL in Delhi High Court

Know Some Of The Petitioners (For), Defendants (Against) & Amicus Curiae

#MenToo #GenderBiasedLaws #498a
Men’s Day Out

16/01/2022

438 Vacancies in Higher Judicial Service, 277 Vacancies in Civil Judge (Senior Division), 381 Vacancies in Civil Judge (Junior Division), Uttar Pradesh are Vacant as of 1.1.2022.

#judicialservices

438 Vacancies in Higher Judicial Service, 277 Vacancies in Civil Judge (Senior Division), 381 Vacancies in Civil Judge (Junior Division), Uttar Pradesh are Vacant as of 1.1.2022.

#judicialservices

Photos from Legal Seva दफ्तर's post 14/01/2022

MEET ARVIND BHARTI died by su***de when he was just 31

His wife Richa implicated him in false #498A. He spent 8 yrs to prove his innocence. Then after divorce, Richa implicated him in a #FalseR**e case. He was JAILED. As #MaritalR**e law comes, we wud see many Arvinds

All that Richa had to write in FIR was - Arvind ne mere saath zabardasti s*x kiya. Period. No evidence. No questions. No medical. Straight Jail. He got bail in 15 days but he was broken. There are uncountable Richas in India who will abuse #MaritalR**e law & Arvinds will suffer

Here are some pages and Arvinds last words from 13 page su***de note

"Law is only for Women, Man is a Born Criminal. Courts, Police are handicapped in front of a woman"

No one gives a damn about men like Arvind. Scores will end life falsely accused of #MaritalR**e but then who cares???

EQUALITY!!

Post Source: Deepika Narayan Bhardwaj

14/01/2022

Understand Matrimonial Laws Before Fake Outrage

#MaritalR**e #SpeakUpMen #GenderBiasedLaws #mentoo

Understand Matrimonial Laws Before Fake Outrage

#MaritalR**e #SpeakUpMen #GenderBiasedLaws #mentoo

13/01/2022

Former Netflix Bigwig Diego Bunuel Charged With Marital R**e After He Filed For Divorce

India is amidst a divided house where a section of feminists are pushing for the Marital R**e Law, while Men’s Rights Activists are opposing it vehemently. To begin with, the premise of opposing the same is not to give a clean pass to husbands who s*xually violate wives, but:

Women in India are already armed with several one sided laws, with which they can exit bad marriage.

Marital r**e law won’t be gender neutral, which means men in s*xually violent marriages have to suffer without recourse
The law will be grossly misused by disgruntled women who want to get rid of their husbands – before or during a divorce and child custody case.

Yes even a murder law is misused, but line of investigation in that case is way different than that of matrimonial cases, where word of wife is supreme.

The law will also become a tool to constantly threaten, harass and keep the husbands as puppets – if they don’t fall in line or give into wife’s demands; the sword of martial r**e charge will be hanging on them for life.

The law will also be used by several wives for property demands, demand of assets, throwing out husband’s parents and discontinuing contact with them.

The same is already happening in Anti Dowry law cases (498A) to the extent where Men are dying by su***des due to either demands of Alimony or when wives are caught in Adultery – these cases go completely unrecorded while we constantly paint husbands all men as rapists

Since the petitioners have been presenting arguments in the court, how 50 other countries have criminalised Marital R**e, we are sharing with you below, a recent case how this law can take shape in India as well.

According to a New York Post report in September 2021, a former Netflix bigwig had a warrant out for his arrest in the US after being accused of ra**ng his wife multiple times (in 2017).

Case:
Diego Bunuel, 46, who was head of documentaries for the global streamer and now helms programming at French state broadcaster France Télévisions, allegedly assaulted his wife, writer and socialite Maggie Kim, in the US in 2017, according to court documents.

Bunuel, the French-born grandson of famed filmmaker Luis Bunuel, has been charged with felony r**e of Kim, 48, in Massachusetts.

Kim, who lives between Los Angeles and France, claims she was left “in actual fear of her life” and struggling to escape as Bunuel allegedly told her he wanted to hurt her, according to court documents.

While Bunuel, who has both US and French citizenship, cannot return to the US without being arrested, he currently has custody of the couple’s two children and is living in France.

Kim claims he will not let her bring the children — who also have dual US and French citizenship — back to the US, according to court papers.

He has yet to return to the United States to face the criminal charges. He has, through his counsel, filed a successful motion to dismiss a pending civil case based on the same alleged conduct. His motion to dismiss states: "Nothing contained in this motion constitutes an admission of any liability or wrongdoing on the part of Mr. Bunuel."

Allegations by Wife:
There were three alleged r**es by Bunuel, including one on Martha’s Vineyard in Massachusetts, according to court documents that are publicly available.

Court papers seen by The Post were filed at Dukes County Superior Court in Massachusetts in the related civil lawsuit in 2020. They allege, "As a result of the willful and/or malicious conduct of the Defendant, the plaintiff sustained abrasions and contusions to her neck and body.

In addition, the plaintiff suffered mental and emotional anguish, nervousness, increased heart rhythm, shortness of breath and increased blood pressure, some or all of which are likely to be permanent in nature.

As a further result of the willful and/or malicious conduct of the Defendant, the Plaintiff has been and will be unable to engage in personal and family, leisure and social activities as she did prior to the incidents, all of which has and will cause her loss.

Background:
Bunuel and Kim were married from 2007 until 2017, tying the knot in Costa Rica. They are still not legally divorced.

Bunuel (father) was given custody of the children through the French family court.

In April 2020, a Massachusetts judge dismissed Kim’s civil suit and ruled that a French court could oversee the r**e case that allegedly happened in Martha’s Vineyard.

The court papers filed by Kim allege that Bunuel r**ed her in the US 10-days after filing for divorce. The complaint claimed,

It appears Bunuel committed the s*xual assault on Martha’s Vineyard after he had surreptitiously filed divorce papers in France.

#menslifealsomatter #SpeakUpMen #FalseR**e #MaritalR**e

Former Netflix Bigwig Diego Bunuel Charged With Marital R**e After He Filed For Divorce

India is amidst a divided house where a section of feminists are pushing for the Marital R**e Law, while Men’s Rights Activists are opposing it vehemently. To begin with, the premise of opposing the same is not to give a clean pass to husbands who s*xually violate wives, but:

Women in India are already armed with several one sided laws, with which they can exit bad marriage.

Marital r**e law won’t be gender neutral, which means men in s*xually violent marriages have to suffer without recourse
The law will be grossly misused by disgruntled women who want to get rid of their husbands – before or during a divorce and child custody case.

Yes even a murder law is misused, but line of investigation in that case is way different than that of matrimonial cases, where word of wife is supreme.

The law will also become a tool to constantly threaten, harass and keep the husbands as puppets – if they don’t fall in line or give into wife’s demands; the sword of martial r**e charge will be hanging on them for life.

The law will also be used by several wives for property demands, demand of assets, throwing out husband’s parents and discontinuing contact with them.

The same is already happening in Anti Dowry law cases (498A) to the extent where Men are dying by su***des due to either demands of Alimony or when wives are caught in Adultery – these cases go completely unrecorded while we constantly paint husbands all men as rapists

Since the petitioners have been presenting arguments in the court, how 50 other countries have criminalised Marital R**e, we are sharing with you below, a recent case how this law can take shape in India as well.

According to a New York Post report in September 2021, a former Netflix bigwig had a warrant out for his arrest in the US after being accused of ra**ng his wife multiple times (in 2017).

Case:
Diego Bunuel, 46, who was head of documentaries for the global streamer and now helms programming at French state broadcaster France Télévisions, allegedly assaulted his wife, writer and socialite Maggie Kim, in the US in 2017, according to court documents.

Bunuel, the French-born grandson of famed filmmaker Luis Bunuel, has been charged with felony r**e of Kim, 48, in Massachusetts.

Kim, who lives between Los Angeles and France, claims she was left “in actual fear of her life” and struggling to escape as Bunuel allegedly told her he wanted to hurt her, according to court documents.

While Bunuel, who has both US and French citizenship, cannot return to the US without being arrested, he currently has custody of the couple’s two children and is living in France.

Kim claims he will not let her bring the children — who also have dual US and French citizenship — back to the US, according to court papers.

He has yet to return to the United States to face the criminal charges. He has, through his counsel, filed a successful motion to dismiss a pending civil case based on the same alleged conduct. His motion to dismiss states: "Nothing contained in this motion constitutes an admission of any liability or wrongdoing on the part of Mr. Bunuel."

Allegations by Wife:
There were three alleged r**es by Bunuel, including one on Martha’s Vineyard in Massachusetts, according to court documents that are publicly available.

Court papers seen by The Post were filed at Dukes County Superior Court in Massachusetts in the related civil lawsuit in 2020. They allege, "As a result of the willful and/or malicious conduct of the Defendant, the plaintiff sustained abrasions and contusions to her neck and body.

In addition, the plaintiff suffered mental and emotional anguish, nervousness, increased heart rhythm, shortness of breath and increased blood pressure, some or all of which are likely to be permanent in nature.

As a further result of the willful and/or malicious conduct of the Defendant, the Plaintiff has been and will be unable to engage in personal and family, leisure and social activities as she did prior to the incidents, all of which has and will cause her loss.

Background:
Bunuel and Kim were married from 2007 until 2017, tying the knot in Costa Rica. They are still not legally divorced.

Bunuel (father) was given custody of the children through the French family court.

In April 2020, a Massachusetts judge dismissed Kim’s civil suit and ruled that a French court could oversee the r**e case that allegedly happened in Martha’s Vineyard.

The court papers filed by Kim allege that Bunuel r**ed her in the US 10-days after filing for divorce. The complaint claimed,

It appears Bunuel committed the s*xual assault on Martha’s Vineyard after he had surreptitiously filed divorce papers in France.

#menslifealsomatter #SpeakUpMen #FalseR**e #MaritalR**e

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