Men Rights India

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » DV Act Judgments » Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act

Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act

4 Mar 2015 By videv Leave a Comment

CHENNAI: The Madras high court has said women, who are victims of domestic violence, must be paid decent monetary assistance for food, shelter, health and education at every stage of proceedings under Protection of Women from Domestic Violence Act, 2005.

http://timesofindia.indiatimes.com/city/chennai/Pay-maintenance-to-domestic-violence-victims-Madras-HC-says/articleshow/46438296.cms

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈

The 120-page verdict is sure to light up lives of thousands of women fighting domestic violence cases against their spouses, as it provides for maintenance and compensation for almost every conceivable aspect of a married woman’s life, ranging from food and shelter to health and loss of income.

Whatever verdict is supposed to lights up the lives of citizens, the judiciary will make sure to adjourn and give tareekh-pe-tareekh so that the light never reaches the darkened corners.  Why, a case in point is recent observation by Chennai HC about functioning of family courts.  Who are we kidding, people?

“If an application prima facie discloses that the husband is committing, or has committed act of domestic violence or that there is likelihood that he may commit, the magistrate may grant an ex parte order on the basis of an affidavit by the woman.”

If prima facie domestic violence means just the allegations of domestic violence made by a woman, then surely there is rampant domestic violence being unleashed upon DV petitioners in this country by cruel men.  Allegations and add a few tears maybe if the allegations don’t seem enough.  I am a bit perplexed how a magistrate will do a “minority report” and find the “prima facie likelihood that he may commit” domestic violence!

I don’t know how the judgment filled 120 pages, when as per the news report it is basically regurgitation of portions of PWDVA and some sermons.

The real danger however may lie in this para of judgment because if it means a hint/nudge/pressure on magistrate to start awarding lumpsum compensation at time of interim award, then it could set up a very dangerous precedent.

Perhaps aware of the practice among magistrates to address a woman’s concerns in the final order, Justice Manikumar said: “If contention of the man that lumpsum payment can be awarded only at the time of final disposal of the main application…is accepted, then the woman who is in dire necessity to meet medical expenses for herself or her child/children or educational expenses for children would be put to irreparable hardship.”

Now above para says about dire necessity to meet medical expenses which most of time doesn’t exist because there is no medical certificate or physical injuries at all.  But by referring to children and their expenses, this could be a nudge to start paying lumpsum to women with children fully knowing most of the amount is not going to be used for child’s needs.  That would be more like the US system of child support payments.

READ:  Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

  1. No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
  2. Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
  3. Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
  4. Wife not entitled to stay in or claim her father-in-law’s house using DV Act

Filed Under: DV Act Judgments Tagged With: HC Judgment, PWDVA(DV Act)

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Today’s Popular Posts

  • How to file objections/written statement to…
  • How to complain against judges of trial courts, High…
  • Advice to women on IPC 498a, DV case, maintenance,…
  • Procedure of CAW (Crime against women) cell
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • Why Indian men should be very careful in filing divorce
  • Basic Cross-examination techniques in matrimonial…
  • How to Fight and Reduce Maintenance under CrPC 125…
  • How to draft a child custody (GWC) petition
  • Strategy for Child Custody for Men

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Man arrested on marital rape, that’s news!

1 Mar 2010 By videv 1 Comment

Will the real opposition to dowry stand up please?

10 May 2010 By videv Leave a Comment

Qualified wife can’t sit idle and claim maintenance: Mumbai family court

26 Feb 2015 By videv 17 Comments

How to claim maintenance from wife?

9 Mar 2010 By videv 1 Comment

Indian laws for protection of women

12 Jul 2009 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to get Provident Fund (PF) details of wife
  • Raghu on How to get Provident Fund (PF) details of wife
  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts