Maintenance cases in favour of Husband

 

 

Maintenance is defined as "support or subsistence." There is no idea of "maintenance" in any religious community's marital regulations. The right to request maintenance, on the other hand, is based on the notion that the claimant does not have the resources to maintain themselves. 'Maintenance' often covers the costs of necessities or necessities for daily living. However, the court will examine not just the claimant's right to survival, but also the husband or wife's ability to work, their behaviour, and other factors when determining how much maintenance should be awarded.

 

(1) Govind Singh v. Smt. Vidya (1999):

The Rajasthan High Court heard a case in which it was established that Govind Singh, the petitioner, had rendered himself incompetent by refusing to drive the contractual auto-rickshaw. According to a well-established Anglo-Saxon legal precept, no one should be allowed to become unable. This is still true in the case of a working husband. The Court stated that someone who purposefully rendered oneself incapable of earning would be ineligible to seek maintenance from the other spouse. As a result, the case emphasises the significance of maintenance decisions that favour spouses.

 

(2) Shiv Kumar Yadav v. Smt. Santoshi Yadav (2004):

In this instance, the court expressly declares that maintenance cannot be paid if the wife refuses to return to the marital home and continues to live separately without a solid reason. The order was overturned by the Additional Sessions Judge, but the High Court of Chattisgarh determined in the revision petition that the Judicial Magistrate's decision was correct because Shiv Kumar, the petitioner, provided evidence that his wife, the respondent, had stopped claiming to be entitled to maintenance because she was living separately for no good reason. As a result, in this case, because it has been proved that the wife wishes to live independently, the respondent is not required to provide maintenance.

 

(3)Smt. Mamta Jaiswal Vs Rajesh Jaiswal(2004):

The court ruled in this case, "No maintenance for a capable, employed wife" in favour of the husband. Everyone must work to support himself, or at the very least make honest efforts to do so. If this criterion is not followed and this mentality is not adopted, there will be a growing tendency among these litigants to prolong their conflicts and exploit the fact that their opponent is a spouse—someone who was formerly near to them but is now far away—after a dispute has formed.

 

(4)Lalit Mohan v. Tripta Devi (1988):

The Jammu and Kashmir High Court stated that the husband did not have a separate source of income and that Sections 30 and 31 of the 1955 Act allowed the respondent-wife to support the husband. The court determined that the petitioner was entitled to maintenance pendente lite, expenditures of the procedures, and permanent alimony and maintenance based on the respondent's income and revenue from other properties, the petitioner's earning capacity, and the parties' behaviour. The respondent-wife was ordered to pay the petitioner, the husband, Rs. 100 per month in maintenance pendente lite and permanent alimony from the date of the application until his death or remarriage, whichever comes first, based on the facts and circumstances of the case.

 

(5)Smt Kanchan v. Kamalendra (1992):

In this landmark case, the court established that my spouse was in good mental and physical health. He had a problem with a certain corporation, but he saw no harm in earning the bare minimum to maintain his family. As a result, it could not be assumed that he had no source of income simply because his firm had failed, and the court strongly observed the case in favour of the verdict.

 

(6)Yashpal Singh Thakur v. Smt Anjana Rajput (2001)

In the case of the spouse (Yashpal Singh Thakur), Madhya Pradesh High Court stated that, Unmistakably, it was obvious that the petitioner had chosen to lead a sedentary lifestyle and had made no attempt to earn the money he was capable of earning. Section 24 of the Hindu Marriage Act of 1955 prohibits him from bringing a claim if he becomes incapacitated. As previously said, this would contravene the very intent of the law, and the court observed the case in favour of the spouse about maintenance.

 

(7) Alok Kumar Jain v. Purnima Jain (2007)

In this landmark decision, the court determined that the wife had enough money to support her expenses and continue her lifestyle. The learned judge ordered the husband to pay the wife 20,000 rupees per month in maintenance without requiring the wife to explain the investment she made with those 56 lakh rupees. This finding indicates that the husband is no longer required to pay maintenance.

 

(8) Rani Sethi v. Sunil Sethi (2011)

According to the Delhi High Court, Section 24 of the Hindu Marriage Act, 1955 is intended to offer a fair sum of money to the wife or husband who lacks an appropriate source of income to finance their support or the costs of the proceedings, striking an equitable balance between the parties. Subsequent court proceedings revealed that the husband was so entitled to the necessary support from his wife.

 

(9) Hemlataben v. State (2010):

The court declared unequivocally that the petitioner received no maintenance because she worked in a factory and was able to sustain herself with her monthly wage of 2500/- rupees. Pursuant to the PWDV Act, the wife requested support from the learned Magistrate, who granted her request. The husband filed an appeal, and the Additional Sessions Judge overturned the Magistrate's judgement. And the court found in favour of the husband.

 

(10)Kumaresan v. Aswathi (2002):

In the Madras High Court case The court adopted this interpretation of Section 24 of the Hindu Marriage Act of 1955, which states that the only requirement for providing support pendente lite is that the person in issue does not have a considerable independent source of income. If it is ruled that the petitioner has a sufficient income, they will not be granted support pendente lite.

As a result, evaluating key and well-known landmark decisions aided in defining the conditions for interpreting the maintenance clause under The Indian legal system stipulates the amount of maintenance that must be provided to the spouse, either the husband or the wife, based on the facts of the case. Personal laws provide the standards for maintenance once a marriage ends.

General Factors that Boost the Criminal Behavior in a person

Click to explore the General Factors that Boost the Criminal Behavior in a person as we uncover the shocking truths about the mindset behind it.

As a society, humanity has forever been entranced by the occurrence of unlawful behavior. The notion of an individual infringing the law and indulging in illicit activities frequently evokes concerns as to why they would opt for such a course. Although there is no authoritative response to this inquiry, certain elements contribute to the occurrence of criminal behavior.

The goal of this write-up is to investigate the various general elements that incite a person to become a criminal.

What is Criminal Behavior?

Criminal behavior entails any deed that disregard the law, whether trivial, such as traffic violations, or severe, like homicide.

Significance of Understanding Criminal Behavior

The comprehension of criminal behavior is crucial to the criminal justice field. It enables law enforcement personnel and policymakers to understand better the stimulent behind criminal actions and develop more effective strategies to prevent crimes.

 

Biological Factors Contributing to Criminal Behavior

 

Genetic Inheritance

Research indicates that genetics can impact criminal behavior. Specific genes, such as those governing impulse control and aggression, have been recognized as predisposing individuals to criminal behavior.

Psychological Traits

Some psychological traits, like impulsivity and aggression, have also been correlated with criminal behavior. Individuals demonstrating these traits may be more prone to engage in criminal activities.

 

Risk Factors Connected with Criminal Behavior

 

Criminogenic Needs

Criminogenic needs refer to underlying factors that can precipitate criminal behavior. These include, among others, a lack of education, poverty, and a history of substance abuse.

Antisocial Values

Individuals who defend anti-social values, such as a disregard for the law and the welfare of others, may be more inclined to engage in criminal behavior.

Criminal Acquaintances

The influence of acquaintances can also contribute to criminal behavior. Individuals associating with those who engage in criminal activities may be more prone to emulate them.

Antisocial Personality

Antisocial personality, characterized by a lack of empathy and disregard for others' rights, has also been linked to criminal behavior.

Dysfunctional Family

Growing up in a dysfunctional family, where there is a lack of structure and supervision, can also contribute to criminal behavior.

Low Self-Control

Individuals with low self-control may be more predisposed to engage in impulsive and illicit activities.

Substance Abuse

The utilization of drugs and alcohol has been associated with criminal behavior. Substance abuse can impair judgment and increase the probability of engaging in criminal activities.

The Conventional Concept of Penal System

The utilization of penal systems has been a customary practice around the globe for a protracted duration. The primary objective of this system is to chastise the wrongdoer, and the intensity of the retribution primarily hinges on the type and seriousness of the committed offense.

The Rise of Remedial Justice

Remedial justice aims to redirect the focus from punishment towards reinstatement. Its purpose is to restore the culprit and facilitate their successful reintegration into the society.

Comprehending the Fundamental Factors Contributing to Criminality

As a scholar of law and psychology, I believe that criminal behavior is influenced by a plethora of factors that must be considered to devise an efficacious strategy to prevent and address it.

Conclusion

In conclusion, numerous diverse factors can contribute to criminal behavior. Biological and psychological characteristics, as well as environmental factors such as a dysfunctional family and substance abuse, can all play a part. By understanding these factors, we can better comprehend why certain individuals engage in criminal activities and devise strategies to prevent crimes.

Cyber Crime: How to lodge complaint when you are victimised

 

 

What is Cyber Crime?

Cybercrime is any activity that involves the use of computers or networks as a tool to commit cybercrimes. Common cybercrimes include hacking, cyber stalking, denial of service attack (DoS), virus dissemination, software piracy, credit card fraud & phishing.

 

Common types of Cyber Crime:

·         Stolen credit card information: The most frequent type of cybercrime involves the theft of a person's credit card information, which is then fraudulently used to obtain or pay for goods or services on the internet.

·         Hacking into a government website: Modifying confidential government data is a different kind of criminality.

·         Theft of user accounts: Between 2013 and 2016, a tech giant suffered a significant data breach that led to the theft of three billion user accounts. The attackers were able to get passwords and confidential data used to log into user accounts for other online services. Even today, the dark web still has access to the majority of this data.

·         Compromised IoT devices: In 2016, hackers exploiting software flaws affected more than one million Internet of Things (IoT)-connected devices. The global DNS experienced outages as a result of this, the biggest DDoS attack to date, which also affected numerous well-known services, including Netflix, PayPal, Twitter, and many more.

·         Loss of control and access to content: Ransomware that encrypted user content was released by the WannaCry attack in 2017, which North Korea is suspected of having launched. During a short period of time, this malware has infected 300,000 machines globally. To have their data back, the victims had to spend hundreds of dollars.

·         Phishing campaigns: The phishing campaigns infiltrate corporate networks by sending authentic-looking fraudulent emails to users in an organization and tricking them into performing actions such as downloading attachments or clicking on links. The viruses or malware then spreads to the systems, and, eventually, ends up in the organizations’ networks.

 

What measures to be adopted to avoid getting victimised:

Anyone at any point of time may become a victim of cyber crime and most importantly your chance of getting instant police help or support is very remoted. Our cyber crime police stations are not at that much active as they should be to combat with this type of crimes which is far away from conventional types of crime.

Unless something big happens, cyber crime police stations does not bother to pay any heed to the victims. There is no mechanism for cyber patrolling, taking instant steps due lack of awareness, lack of required infrastructure and most importantly lack of proper knowledge on the subject.

The potentiality to affect large sector people within a few seconds is beyond the concept of the cyber crime police and every complaint is taken very casually.

So, you should be aware well enough to keep safe distance from cyber criminals. Amongst other the below are few things that you should maintain on regular basis and make it a habit:

·         Before opening any email, check the sender’s email link and if you find anything suspicious do not open the link;

·         On regular basis you get spam mails delivered to your primary mail box or under Updates. Whenever you point out an email as spam, don’t hesitate to repot spam so that the next email from that particular spammer will go directly to your trash box;

·         Don’t click on any suspicious or unknown link;

·         Don’t accept friend requests in facebook from any unknown person. Before accepting any friend request check the profile properly;

·         Always report to facebook if you find anything in your feed which is not of your interest or is suspicious;

·         Keep changing passwords in your vital accounts like net banking or mobile banking, Email, Facebook etc on regular basis;

·         Keep your phone operating system or desktop operating system updated;

·         While using Google search, click the option of “safe search” from the settings of browser;

·         Use antivirus of reputed companies;

·         Keep a separate browser for your net banking and while you open your net banking close all other tabs;

·         Report and exit from unsolicited whatsapp group;

·         Don’t accept video call from any stranger;

·         If you have a habit to seeing porn sites, don’t use your main laptop or desktop for that and keep a separate compute system for that. Contamination of corrupted program from such sites are very common and in such sites the close button of a pop up are actually an accept button of a link which you click to close a pop up on the main video and thus the criminals compels you to become victim;

·         Asking for money for short term investment and huge profit etc are very common. Don’t fall into these. There is no short cut to make money. If that be so, the person approaching you would have invested all his money into that scheme and become billionaire overnight;

 

What to do if you become a victim of Cyber Crime:

Despite all efforts, many of us become victim of cyber crimes and search out the way to report the same to the police and to get proper redressal. If you to go to your local police station, you will be redirected to cybercrime police station and when you reach there they will accuse you for becoming a victim.

First step in such a situation should be to report the incident to https://cybercrime.gov.in/ . There are two categories to report the crime

i.             Financial Fraud

ii.           Other Fraud

Select the appropriate option while you report. Upload all screenshots and documents in connection with the crime and once you submit the complaint a PDF containing a complaint registration number will be generated. Keep a hard copy of it with you.

 

Second Step: Now approach your nearest cyber crime police station and lodge a written compliant to them with all details and supporting documents and get a receipt from them. Don’t forget to attach a copy of the earlier online complaint with the complaint with the cyber crime police station;

 

Third Step: Wait for seven days after lodging the complaint to cyber crime police station and if no action is taken, write the Deputy Commissioner of Police of your jurisdiction or to Superintendent of Police of your jurisdiction giving reference of first and second complaint;

 

Fourth Step: If your third complaint also fails to initiate any action on the part of the police file petition before the Learned Court of your jurisdiction under section 156 Clause 3 of the Code of Criminal Procedure, 1973 attaching copies of earlier three complaints and pray for a direction upon the police to register your complaint as an FIR and to cause investigation.

 

Conclusion: Prevention is better than cure. So I will suggest you follow few steps to avoid being a victim of cyber crime and if despite that you become a victim, don’t sit idle but avail above detailed legal steps.

#Cyber_crime  #complaint_against_cyber_crime

Appeal in Criminal Cases

 

Introduction:

The criminal justice system may have substantial negative impacts on a person's life, especially with regard to their right to life and freedom. As courts, like any other human-made institution, are prone to error, it follows that their rulings are likewise susceptible to this danger of error. There should be systems in place to carefully evaluate the decisions of inferior courts in order to avoid a major miscarriage of justice. This has led to certain adjustments being made to the criminal procedure for appealing a criminal court's decision or order. There are specific conditions for appeals in the Criminal Process Code, which are found from Section 372 through Section 394.

However, the appeal option is not always available. Therefore, even in cases where the right of appeal is limited by the Cr P C, legislators integrate the concept of a review procedure called review into the legislative process to fully prevent any abuse. The review powers of the superior courts and their exercise are set out in sections 397 to 405. These powers are broad and temporary and must be considered.

 Although litigants are guaranteed the opportunity to appeal in most cases, criminal courts have broad discretion to decide whether or not to review a case, so review is not a guaranteed legal right. By law, the accused has at least one right of appeal in criminal cases, but no right of appeal in an appellate situation. The difference between an appeal and an amendment has been repeatedly examined in court. According to the judgment of the Supreme Court in the case of Hari Shankar Vs. Rao Ghari Chowdhury (1963) "the distinction between appeal and review is real. Unless the appellate statute provides otherwise, an appellate hearing involves a review. of both law and fact. In most cases, a higher court has the power to review a previous decision to ensure that the original decision was made according to the law.

 

Appeal under criminal law

Although the term "appeal" is not defined in the Criminal Procedure Act 1973, it can be understood as a review of a decision of a lower court by a higher court. It must be emphasized that the decision or order of the criminal court cannot be appealed otherwise than according to the legislative procedure defined in the Criminal Procedure Act 1973 or other applicable law. This means that even the original complaint is barred; thus, there is no "vested right" to appeal. This principle is based on the assumption that the courts dealing with the case dealt with the test fairly. However, in the case of acquittal, the commission of a lesser crime, or the payment of insufficient compensation, the victim can appeal the decision of the court. Appeals in Sessions Courts and High Courts are usually governed by the same rules and procedures. The Supreme Court is the state's highest appellate court and has greater jurisdiction over matters where an appeal is allowed. As the highest appellate court of the Supreme Court, the Supreme Court has supreme discretion and absolute authority in all appeals. The powers of the Supreme Court are largely determined by the Constitution of India and the Supreme Court (Extension of Criminal Appellate Jurisdiction) Regulations, 1970. If the Supreme Court overturns the acquittal and sentences the accused to life imprisonment, 10 years imprisonment or death, the defendant has the right to appeal to the Supreme Court. Article 13 (1) of the Constitution of India establishes the same law for the Court of Appeal of the Supreme Court and recognizes the importance of criminal appeals before that court. Under Article 13 (2) of the Constitution of India, the parliament also passed the Supreme Court (Extension of Criminal Appellate Jurisdiction) Act, 1970, which empowers the Supreme Court to hear appeals from the Supreme Court in certain cases. If there were several defendants at the trial and the court made a verdict for all of them, each defendant has the same right to appeal the decision. However, the right to appeal may be waived under certain conditions. These rules are found in sections 265G, 375 and 376. The Criminal Procedure Act 1973 provides that judgments and orders cannot be appealed, except in certain circumstances. This indicates the critical status of complaints.

 The accused may appeal to the Supreme Court, the Supreme Court or the Court of Sessions, depending on the nature of the case. According to the judgment of the Supreme Court in the case of Arun Kumar Vs. State of Uttar Pradesh (1989), the Allahabad High Court set aside the acquittal of the Sessions Judge and convicted the appellants, finding that the opinion of the Sessions Judge was clearly erroneous and aiding and abetting. into a miscarriage of justice. In Satya Pal Singh v State of Madhya Pradesh (2015), the Supreme Court of India ruled that the next of kin of a victim has the right to appeal to a higher court under the provisions of Article 372, provided that the father of the deceased victim meets the definition of a victim. A victim needs leave of the Supreme Court to appeal against acquittal, as the Supreme Court held in Satya Pal Singh Vs. State of Madhya Pradesh. These are the cornerstones of the CrPC complaint process:

·         The right to appeal must be established by law.

·         No automatic right to seek an appeal.

·         No appeal only against conviction.

·         Petty cases are final and cannot be appealed.

·         A plea of guilt results in an automatic conviction; there is no right of appeal.

 

Who can Appeal:

A person who has been judicially convicted can appeal the sentence. Filing an appeal does not mean that the matter will be reconsidered. Issues raised in the court record are used for appeal. The court may hear new evidence from the applicant if the circumstances require it. To prove this, the court must submit witnesses detailing their prepared statements for the new trial. It is the applicant's duty to convince the court that:

·         claims that the jury’s judgement should be overturned because it was arbitrary or not supported by the evidence,

·         the judge made an error in interpreting the law, or

·         there was a miscarriage of justice.

When an appeal is filed, the court can do almost anything. The court can confirm the decision, cancel the decision, replace the acquittal or order a new trial. Even if the court rules in favor of the appellant due to a technicality of the law, it may still decide to dismiss the appeal if it finds that no serious error has occurred. The head of the prosecution can also file a complaint with the appellate court and request that the appellate court overturn the acquittal and re-examine the case or appeal the provisional decision.

 

Subsequent appeals

A person convicted in court may file a second or subsequent appeal with the permission of the Court of Appeal. The person applying for leave to appeal must demonstrate to the court that there is new and convincing evidence that must be taken into account. If the court finds that there has been a material error in sentencing, it can hear a new appeal, overturn the conviction and replace the acquittal, or order a new trial.

 

Kinds of Appeal

 

Section 373 CrPC – Appeal in court of session

If a person receives a bond to keep the peace or for good behaviour, the order can be appealed to the Court of Appeal under section 117.

When a person is wronged. with an order refusing to accept or reject the guarantee, the person can apply for compensation under section 121.

 

Section 374 CrPC – Appeal from convictions

·         High Court orders of conviction issued while exercising original criminal jurisdiction have the right to be appealed to the Supreme Court.

·         Conviction orders issued by the Court of Session or Additional Court of Session are appealable to the High Court.

·         If the Court of Session or the Additional Court of Session imposes a sentence of more than seven years in prison, the defendant may appeal the decision to the High Court.

·         Appeals may be taken to the Court of Session from convictions handed down by the Metropolitan Magistrate, Judicial Magistrate I, or Judicial Magistrate II.

·         The court of session hears appeals from anyone who is dissatisfied with the results of a criminal proceeding under Sections 325 and 360 of the Criminal Procedure Code.

Exception to Section 374

The exceptions to Section 374 of the Criminal Procedure Code are found in Sections 375 and 376 of the CrPC as given below:

·         There is no right to appeal a conviction where the defendant has made a guilty plea and been found guilty on the basis of that plea.

·         A person who has been found guilty and sentenced by a high court to a period of imprisonment of not more than six months or a fine of not more than one thousand rupees, or to both such imprisonment and fine, shall not be permitted to file an appeal against that sentence.

·         A person who has been found guilty and sentenced by a court of the session or a metropolitan magistrate to a period of imprisonment of not more than three months or a fine of not more than two hundred rupees, or to both such imprisonment and fine, shall not be permitted to file an appeal against that sentence.

·         A person who has been fined by a first-class magistrate of not more than one hundred rupees shall not be permitted to file an appeal against that sentence.

 

Section 377 and 378 CrPC – State appeals

State government appeals:

ü  Under Section 377, to increase the severity of a punishment;

ü  Under Section 378, to overturn an acquittal of an accused person

Section 377 CrPC – Appeal against sentence

The State Government can appeal the judgment to the Court of Session or the Court of Appeal on the ground that it is not sufficient under this clause, which can be done through the Attorney General.

If someone disagrees with the judge's decision, he has the right to appeal to the administrative court.  If the lower court makes a decision, it can be appealed to the Supreme Court.

When the investigation is conducted by the Delhi Special Police Agency or any other central agency, the central government issues an order to the public prosecutor.

Defendants are expected to receive a fair trial before an appeal or decision to increase their sentence.

Section 378 CrPC – Appeal in case of acquittal

If a judge makes an acquittal in a case involving a cognizable and a non-cognizable offence, the district judge can order the  prosecutor to appeal the decision to the Sessions Court. If the acquittal decision is made by a court other than the Supreme Court, the state can still request a review of the decision by appealing to that court.

If the investigation was conducted by the Delhi Special Police Agency or any other government agency, the Central Government will issue instructions for filing a complaint.

It is worth mentioning that the permission of the Supreme Court is requested before filing an appeal there.

If the Supreme Court grants special leave to appeal, the appeal may be filed if the case initiated on the basis of the appeal is later dismissed. An acquitted civil servant may file a new application within six months of being acquitted.

The request can be submitted within 60 days of the acquittal decision, if the applicant is not a public official. An acquittal cannot be appealed if the appeal is dismissed.

Section 379 CrPC- Appeal against conviction by High Court in certain cases:

If the Supreme Court's acquittal  is overturned and he is subsequently  sentenced to death, life imprisonment, or at least 10 years in prison,  the accused may appeal to the Supreme Court.

Section 380 CrPC- Special right of appeal in certain cases

If a co-defendant has received an appealable sentence, then the other defendant has the right to appeal his own non-appealable punishment under this provision.

 

Non-appealable cases

Section 375 CrPC- Certain guilty pleas are non-appealable

No appeal shall lie if the defendant enters a plea of guilty before the high court and the court records such a plea and finds the defendant guilty.

If the accused enters a guilty plea in a lower court, an appeal of the sentence may be made to the high court.

There is a right to appeal a sentence based on:

ü  The totality of the punishment.

ü  The sentencing process was followed per the law.

 

Section 376 CrPC- No appeal in petty cases

Petty misdemeanours shall not be subject to appeal. The procedures for handling petty matters vary by jurisdiction. The following are examples of minor offences:

·         In the instance of the High Court, the possible penalties include either imprisonment for up to 6 months or a fine of up to Rs 1000, or both.

·         Up to three months in jail time, a Rs. 200 fine, or both if found guilty in court of session.

·         Up to 3 months in jail, or a fine of Rs. 200, whichever is greater, if prosecuted by a metropolitan magistrate.

·         There is a Rs 100 fine if you are caught breaking a law in front of a judicial magistrate.

·         Up to Rs. 200 in the instance of a Magistrate authorised under Section 260 of the Criminal Procedure Code.

 

#Criminal_appeal #prithwish_ganguli #criminal_procedure