Supreme Court was dealing with case where for faulty seeds, consumer courts had awarded compensation against National Seed Corporation.

The company sought protection under some provisions of Seeds Act.

Supreme Court in para 35 rejected this argument on ground that

“Majority of farmers in the country remain illiterate through out their life.. They have no idea about the Seeds Act and it’s rules. The farmers also may not be knowing of Protection of Plants Varieties and Farmers Right Act”

SC did not say exactly that “Ignorance of law is good accused for farmers” but it did gave judgement in favour of farmers.

Haresh Raichura
8/9/2012

Vide 2012(1) Scale 367 on page 393 para 35: judgement date 16/1/12 National Seeds Corporation case

Judicial Bias

The trend of judiciary is Pro-Woman. Judges will not readily believe that a woman can also be lying and can be filing false cases against the husband and in-laws.

First Principle:

Judge will look for evidence. If you have no evidence, the judge will believe whatever the woman may say.

Transfer Matters

If husband and wife are from different states, and if cases are filed by husband in his state, Supreme Court will most probably transfer all his cases to where wife is living

Wisdom Versus Law

In family disputes, judges go more by their wisdom and social trends than by law.

When dice is heavily loaded against husband in Courts, the laws are much abused.

No standard advice is available. Judges decide on basis of evidence on record on case to case basis.

1)Husband first need to collect and establish evidences against wife.

Letters, tape recording, video recording. Whatever. A local trial court advocate may advise you properly. Seek his advice also about obtaining factual report from a detective agency.

2) It is always advisable to deposit some amount monthly in bank account of wife. It is always a duty of husband to maintain wife and children.

3) Take first step in Civil Court.

The wife will probably file false cases in criminal courts. Before she files complaints, husband should approach Civil Court. In Hindu Law there is a section under which judge can refer dispute to mediation or can try to resolve disputes.

4) Accept reality.

One SC judge once said,”Husbands are well advised to obey their wives”. Another SC judge recently said,”It is always a question of accommodation. Accommodate and adjust to your wife or suffer consequences.”

This much is all I can say.

There is no effective remedies to protect husbands against false cases by wives till today. But I do hope that Supreme Court will show us way at earliest.

Haresh Raichura
7/9/2012