Domestic Violence or DV Act (Protection of Women from Domestic Violence Act), 2005 was passed by parliament in Aug 2005 and came into force on 26 Oct 2006. The act comes into force when it is notified in a gazette etc, not just when it is passed by parliament. This old SC judgment of S R Batra vs Taruna Batra case below about what constitutes rights of a wife to live in husband/in-laws house is from Dec 2006 which is just 2 months after DV act came into force. But this judgment is very important since even today there is lot of misunderstanding about rights of a woman on her husband/in-laws house/property. This is especially true of North India or Delhi/NCR region where asking for property/house/plot as a ‘settlement’ in marital dispute is a time-tested strategy being … [Read more...] about Shared household under DV Act clarified in 2006 SC judgment
Wife not entitled to stay in or claim her father-in-law’s house using DV Act
Delhi is well-known, or shall we say notorious, for property disputes filed by women against in-laws, under the garb of Domestic Violence Act (DV Act) etc. There have been many judgments in the past including the well-known SC judgment of Batra vs Batra which clarified that mother-in-law’s house couldn’t be claimed to be shared household under DV Act by daughter-in-law. In this recent Delhi HC judgment, the high court has rejected claim of a 498a/DV wife (what else do we call them!) who had forcibly entered and was staying in few rooms of her father-in-law’s house. The house was in father-in-law’s name and acquired from his own funds. This judgment has referred to Batra vs Batra SC judgment as well as other judgments of Delhi high court related to woman’s claim to in-laws property, … [Read more...] about Wife not entitled to stay in or claim her father-in-law’s house using DV Act
Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this circular to make the local police aware if they aren’t already (don’t assume they are). PDF copy is here, and the same 2 pages are given in the post below. Will this circular ensure that I don’t need to worry about arrest … [Read more...] about Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
False rape by model against Mumbai DIG Sunil Paraskar falls flat
Usually some MRAs feel sense of delight when a false sexual harassment or 498a/DV case gets filed against the godfathers in Indian society: the police, judiciary, politicians etc. The idea being that once these godfathers feel the heat of false cases, they just might do something for the aam-aadmi and mango people of the country. http://timesofindia.indiatimes.com/city/mumbai/Rape-allegation-against-Maharashtra-top-cop-Sunil-Paraskar-is-for-publicity-Models-ex-lawyer/articleshow/39690642.cms MUMBAI: In a new turn to the rape and molestation case against IPS officer Sunil Paraskar, a former lawyer of the alleged victim, a model-turned-actress, has said she never told him about the rape and claimed she brought up the charge to gain publicity to enter a reality show. Below is video on … [Read more...] about False rape by model against Mumbai DIG Sunil Paraskar falls flat
Government proposes amending IPC 498a – anti-dowry law
Right on the heels of news about WCD (Women and Child Development) Ministry proposing amendments to DV Act (Protection of Women from Domestic Violence Act) to protect mothers-in-law too, there is fresh news of amending the law which is the mother of bail/DV/divorce industry in India – the notorious IPC 498a, popularly known as dowry harassment law. http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges. The Union ministry of women and child development is also contemplating giving more teeth to the Dowry … [Read more...] about Government proposes amending IPC 498a – anti-dowry law
Proposal to amend Domestic Violence (DV) Act to protect mothers in law
http://www.financialexpress.com/news/not-just-daughtersinlaw-maneka-gandhi-says-domestic-violence-act-must-protect-mothersinlaw-too/1272723 “Many cases have been brought to the notice of the minister where elderly women have been misbehaved with or even tortured by their sons and daughters-in-law for property or other reasons. Even when the case is genuine, no action can be taken against the daughters-in-law under the law. The minister feels that the law should protect all women, regardless of their relationship with the oppressor. We are exploring legal options and will move an amendment soon,” said a source close to Maneka. In India, abuse of mothers in laws by daughters in law may be wished away as utter nonsense by those brought up on diet of Ekta Kapoor’s TV serials, but the … [Read more...] about Proposal to amend Domestic Violence (DV) Act to protect mothers in law