July 27, 2013

Lord Krishna and The Judge who was sleeping on a bed of a hundred arrows- 

Lord Krishna and The Judge who was sleeping on a bed of a hundred arrows- 

An imaginary scene based on theme of Mahabharata

5000 Years Ago
In battlefield of Kurukhsetra


There lay the greatest judge of country
Lying, on his deathbed, made of arrows
Which had pierced in every part of his body

On seeing Lord Krishna approaching him
The Judge spoke thus:

"Krishna, you are called 'Teacher of the World'
If so, then answer my two questions

"I have been doing justice all my life.
And yet I have not fully understood what 'Justice' is.
So tell me what is 'Justice'.

Secondly, I have always tried to do justice impartially
And honestly, as much as I could.
Then why it has been in my fate
To sleep on this deathbed of arrows."
The Judge lamented.

Krishna looked at him smilingly and spoke thus:

"Justice is an 'Incomplete Picture' drawn by an artist.
Therefore, no one can fully understand it even if
He keeps looking at picture all his life.

"There is always something missing in Picture of Justice
Everyone who looks at this picture
Reads a different story in it.

"While doing justice to a deer,
A judge saves it from a tiger
By killing that tiger.
This much is always shown in picture of justice.

The fact about right of tiger to live
And its right to live by killing and eating the deer,
Is never painted in picture of Justice.
The picture of justice therefore remains incomplete.

The Deer and The Tiger both are created by Me.
And they both have their rights.
A Judge who sees these both rights
Can only fully understand Justice."
Thus Krishna replied his first question.

Then regarding his second question,
Lord Krishna spoke thus:

"The palace in which you lived
Was made up of ill gotten wealth of Duryodhan.
The food which you were supplied
Were made of ill gotten wealth of Duryodhan.
The sins entered in your body
Through food and through luxuries of palace.

Therefore, the Fate has prepared
This deathbed of arrows for you,
To purge and purify your soul."
The Lord Krishna thus replied his second question.

The Lord Krishna then left
Leaving the Judge
To reflect on what he had said.


- Haresh Raichura
26/7/13

July 26, 2013

Legal Reasons why most of Transfer Petitions filed by Wife are accepted by Supreme Court - Understanding Laws

Legal Reasons why most of Transfer Petitions filed by Wife are accepted by Supreme Court - Understanding Laws

Wife's Family and Husband's families may be living in different states of India.

After dispute in marriage, wife goes back to her parents. And files cases on husband from the city where her parents reside.

Husband will file cases from city where he resides.

For example, husband living in Gujarat, will file cases in Gujarat. Wife living in Maharashtra, will file cases in Maharashtra.

In such interstate cases, only Supreme Court can transfer cases from one state to another.

Law says that while transferring such cases, the Supreme Court only need to see A. Hardship to the parties. For which party it is harder to travel to other state to defend cases? And B, Interest of Justice

Supreme Court does not need to examine merits of cases. It cannot look into cases to know which case is more believable and which is less believable.

So, so far as first point A is considered, wife will usually win. She may be young, pregnant, or with a child, she cannot travel to other state without suffering much hardship. On the other hand, husband is a man. He can travel alone to other state to defend his cases. Though hardships will be on both sides, greater hardship will be on wife's side.

To decide volume of hardship of wife, the judges usually want to know distance between two courts.

If the distance is long, wife's petition will be usually accepted and all cases filed by husband in his city, will be transferred to city where wife lives.

This is the trend as on TODAY. The Trend in Future may change. We do not know.

- Haresh Raichura

July 24, 2013

Marriage has become a crime because so many criminal laws are passed - a view

Marriage is no more a fusion of two souls. When a marriage goes wrong, so many things happen.

And criminal law applies to all things that happen during a marriage gone wrong.

Mostly, wife is complainant, husband and his parents are looked upon as if they are hard criminals.

All marriage related laws need to be revisited by eminent panel of jurists. The institution of marriage need to be made safer by introducing law of Arbitration where someone, mutually agreeable, meditates and then passes orders.

Where there is will there is way. If there is will to simplify these laws, ways can be found out.


- Haresh Raichura
24/7/2013