Is it beneficial to combat all court battles

Nothing new here to say if it is an article or strategy or wisdom or simple marketing principles applied in social Laws; well let us now open up individual views this board for discussion;

Here are my reference to context views;

There are two types of Lawyers and similarly there are two types of litigants (gender not specified here; hence word “his/him” wherever are used are used as gender neutral as per definition contained in IPC)

First two types of lawyers:-

Type one – Whose upper and lower story is full and is just doing practice for sake of name and fame and if some fees comes in it seems it is better to him. He does not show interest if justice is done to litigant or not. Only crieteria he follows in his dharma  is compromise with some hyper analytics thrown in for justification of mind.

This type will start and stick with analytics only and blunt social solutions will always cometh from him bze his upper and lower story is already full and does not apply law of 'natural justice'.

Type two – Who struggles to meet his both upper and lower story as daily grind of self sustenance and understands Law.
 
This type is most common, though he knows metaphorical illustrations in alleged article but he has to follow his only dharma and strives to somehow give to his client "natural justice'.


Now let us see who are two types of litigants:

Type one – Who realizes power of analytics from a third person and such third person who can be any one he comes in contact with, only criteria here is that, that third person alleged referred here as anyone should be street smart to grill in Law of nature / survival.  

This type is exemplified in both metaphorical illustrations thus illustration analyses are impressive to self but can never stand test of 'natural justice' the very foundation either litigant (gender here) went to Court.

Type two – Who receives enlightenment very late but does not have self power to make it happen and he ends up becoming self activist to his own (unknown) cause and this person should be left on his own path.

This type is the most vulnerable one and for him 'justice' meaning comes from his gut feeling even some price he pays and this type is the most common one we face daily in various Courts.

Now to ask such "benefit" question in its simplified form will not do complete justice to such alleged wisdom compiled now into an article form. It will only reflect as lone fame and thumps up view of a wise person. Reason being there are peculiar external circumstances for a litigant to listen to or act upon and that inner listening could be coming from his gut feeling as intuition or even from a interaction with a wise man and anyhow matrimonial litigation is not like marketing SWOT analysis to impress upon so “benefit” question itself becomes infructuous here as what a Lawyer and/or Litigant benefits at the end of any family litigation, actually nothing to add bluntly here as both end up as loosers in eyes of Law as neither applied "natural justice" principles but used street smarts aids and shown the lollipop of "benefits" and normal people hailing from any strata of life don't realise this for a very very long time.

I hope I laid critical soft bottom line analysis of why, how and when of your alleged article gist syndicated in some 140 websites as you say and according to me in either types of 'giver' and 'seeker' personalities stakes in reference to context time line is not a "benefit" forecast as either types interaction / chance meeting are all in hands of mother Nature and cannot be kept in box of generlisation?

Now allow me also to add here, what you intentionally missed telling generic readers which is about “adversial legal system in India” in reference and specific to matrimonial laws which makes either personalities (Lawyer as well as Litigants) act the way they act.  Because unless there is a fire (adversial legal system) there cannot be smoke (legal torpedo’s as some of the illustrated once here which are nothing but your gist of wisdom spoken and followed by selective readers in say some 140 websites as reply to various queries therein) and may construe as giving self publicity only).

[BTW, this piece which just got interpreted cannot be  called as an Article; it is collective wisdom specific applied to various illustrations then given a facade of an Article is what it is all about, so calling it Article will do literary injustice to Naipal’s India and hence consider re-phrasing opening lines is my brotherly neutral views at the end of speking tree!]

Anyhow good piece for word of mouth sharing purposes.............

"IS IT WORTHWHILE TO FIGHT ALL COURT BATTLES?"

It would depend on case to case basis and there is no hard and fast rule for this . From a litigant's  point of view it would be based on rebuttal ,vengenace , dominance ,family, pride and society. You have stated cases just releating towards the maintanence point of view in which you have not mentioned the wifes background wether educated working and nor are the childs ages being mentioned to talk about custody scenerio's mentioned above your post is half empty and partly full to be impressed upon .

In the first scenerio i find it rather difficult to understand how the first lady stayed put up in delhi without  any means for her lively hood was she having  a love affair with another person ?? if so than the husband would have got custody of the kids and if it was a case of desertation she would not even have got maintanence .

From a litigant point of view your maths does not work as a person  only sees that low maintanence should be passed and neither are you in a position to compromise and predict  with your own law of maths as to what the judge would predict for maintanence as there is no set formula till of date in india . Hence i dont forsee in what way you have impressed upon these Gentlemen over a period of 3 months . Had there been a set formula i would have acknowledged your impressions .

Now going away from your post there are other ways to counter maintanence like paying voluantry maintanence in the court where Mr Tajobs has very explained in his post and as a PIP have tried and tested it out being a party in person to my case and it has worked . Where in the opposite counsel is baffled since he cant claim any interest whatsoever as and when the maintanence is passed :-). And believe me or not it creates an impression on the judge and you get a sabash from the judge wherein the opposite counsel is given a bashan from the judge as towards the apperciation on paying voluantry. 

Another scenerio would be when you appear party in person you dont have to pay any lawyers fees . Hence the more the case prolongs to come to a conclusion the more the opposite person suffers in terms of Vitame M (lawyers fees ) . so this is another way of bleeding the opposite party . And belive me i have seen the oppoiste party arguing/pressurising their own lawyers to get the orders passed which dosent happen so easily since law requires both parties consent to come to a concusion :-)

Now from the lawyers point of view

I would say there are three types of lawyers 

1. One who is forced to practise for society to acknowledge his degree and for his sustenance . And the words are encrypted on his wall . If case you are in need of any help please do get in touch with me . "I will try my best to help you out and convert you into my client " ....clients should come by word of mouth and not by advertising .

2. The second type when met upon is more of a lair than a lawyer who tries to impress his clients with yarns and yarns stating that i fought so and so case and in just two hearings i converted WS into affidivat and so and so story and won the case such that the applicant who filed the case was never seen and hearrd of in court after the battle forever :-). This type even does a setting with the opp counsel to prolong the case so that their bread and butter continues for the next few years . 

3. The third type who has built up his reputation not by his words but by his deeds in winning N no of cases which can be seen not through his own words but by the acknowledgement and by word of mouth his name is spread all over and mentions on his walls out rightly i am not here to seek clients either heed my advise or you are at liberty to see the next ...............:-)

Hi,

The Situation and the method to be adopted would helps the people (husband/wife) insted of understanding about many types of people (husband/wife) being those stories may not help the husband/wife.

If any one says particular menthod is suitable to husband/wife, then those circumstances maybe explained to husband/wife.

Any how above people are experts and respect their views.

Some times saving money also may not give peace of mind because of some society isses as point by one of the above. If everything colud be in one way then otherways people might have neglected by this time.....

My personal opinion is, had it been for the math only, there would not have been litigation at all.   Woman are most  happy if they get the man's money minus the man.  And men wish the other way round.  So all are in a soup.

sir this was posted by you in one forum on 25/9/2008

https://www.498a.org/forum/viewtopic.php?f=46&t=3579&sid=43ed483166e2c1e5a7db2c73ea17090c&start=0

Hi Friends!

Along all other factors that weigh us down in 498a/ DV etc. One thing in particular is worrisome. That is paying maintenance to the lovely 498a wife. It is not that I am against the maintenance of wife in any manner. I am against the practise of these women first bleed us slowly and then use our hard-earned money against us by paying to their lawyers and by filing new cases everyday. I have personally known a couple of lawyers, who charge 50% of maintenance amount and do not charge anything else for fighting the case from the girl side. Here are my two bits on how you can reduce the burden, pay no maintenance. I am sure your counsels are intelligent people but no harm in being fore-armed with some judgements and knowledge.

First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:

1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.

One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.

if above underlined part is behind the claim for maintenence then if we follow maths and exhibits maturity then may be the same type of lawyers projects our maturity as our disability and weakness in front of their clients and after some time they may claim more amount or share in property or any such unreasonable demand. 

Sorry if i mentioned anything wrong, whatever little i know about this subject is through this forum only and through senior members only. correct me if i am wrong.

regards

victim
 

So in 4 years since last syndication stand have changed and now “compromise with mathematical wizardry” is on Board 

Reply to comments:

In case someone missed "all" was word in the title.

Besides, I also filed RCR when my cases started and then I learnt the futility of it.

Also, those who advocate that the cases should be fought till the end, should first do so in their own cases before professing this to others. 

And I was a fast learner, when maintenance was denied to my lovely ex-498a wife, I offered to pay maintenance for my child. 

In the end I also settled my case by getting an MCD after acquittal, futility of long court battle in trial and umpteen appeals dawned on me.

We are in the habit of going through the rut in the same manner, that people before us have gone. Matrimonial Law as enforced has been changing, unless we adapt ourselves, we would be doomed. 

And if there were any genuine responses written between the lines, I could not gather. I don't write anything between the lines nor read the same.  

Regards,

Shonee Kapoor

PS: The illiterate of the 21st century will not be those who can not read and write, but those who can not learn, unlearn and relearn - Alvin Tofler (Writer of Future Shock, The Third Wave and Powershift - Highly Recommended Books)

PS1: Space we can recover, Time never - Napolean Bonaparte.

PPS: “To survive, to avert what we have termed future shock, the individual must become infinitely more adaptable and capable than ever before. We must search out totally new ways to anchor ourselves, for all the old roots - religion, nation, community, family, or profession - are now shaking under the hurricane impact of the accelerative thrust. It is no longer resources that limit decisions, it is the decision that makes the resources.” 

― Alvin Toffler, Future Shock

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@ Stanley

THAT is a damn sharp analysis I see emerging as discussion. 

A Full Circle without need of 'all' PS / PS1 / PPS:  

”never negligently entrust your story onto larger public and say it is due to Future Shock without ensuring that the individual has a valid marriage driver’s capabilities or allowing the person to drive a marriage thru despite the individual’s past.”  

Yes, its anybody's will to fight the cases in his own manner......one's own cost-bennefit analysis u know.

There cant be any generlization. Gandhiji made a pinch of salt to symbolically break the opressive laws of British........& he faught an exhusting battle so that there is victory of truth.

So ppl sometimes fight 4 the victory of truth rather than mathematically calculating the figures......& the fight satisfies their inner being. So be true to ur heart, if u justify the fight to ur inner-self, go ahead!