This blog gets a reasonable number of hits everyday. The main goal of the blog is clearly mentioned, both in its name, and in description. However it is quite likely that some of the visitors are women who have wandered over here and have filed a complaint against husband/in-laws/relatives/children/pet dog, or intend to do so. This post is specifically meant for them. Firstly, IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. Act 1, Scene 1 of marriage: Control your husband completely Q: I want him to stay away from his parents and take a separate house, but he will not listen. A: Maybe you do not realize that … [Read more...] about Advice to women on IPC 498a, DV case, maintenance, divorce etc.
Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
After the recent episode where Supreme Court wanted to see if palimony could be applicable for live-in relationship of 14 years, the air has cleared. Link to previous news below: http://timesofindia.indiatimes.com/india/Should-a-concubine-get-maintenance-SC-to-examine-the-question/articleshow/6685247.cms Update Apr 14th 2015: Full judgment is given at the end now. Today’s news where SC has distinguished that there are 2 kind (hopefully we stop at 2) of live-in relationships when it comes to eligibility of maintenance to women: 1. Live-in relationship in nature of marriage 2. Live-in relationship of any other kind And SC has clarified that the second kind are NOT eligible for maintenance by women. Link to the news … [Read more...] about Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
All women in household deserve protection under PWDVA
When laws are made to satisfy whims of a few feminazis, the result is such litigation as in this Delhi case below. It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. Some excerpts of the judgment are below followed by full text later: The misuse and abuse of the Act is a matter of serious concern for the courts who are required to be careful and ensure that a woman petitioner is not made a puppet or pawn in the hands of her male relatives so as to manipulate the Protection of Women from Domestic Violence Act, 2005 and use it for ulterior motives. ... At the very outset I may observe that merely because the revisionist no.3 Smt. Sarika Mehta happen to be the … [Read more...] about All women in household deserve protection under PWDVA
High Courts doing what only Supreme Court can
Uttarakhand High court takes up powers of Supreme Court to grant divorce based on irretrievable breakdown of marriage! Only Supreme Court has this power under article 142 of constitution, and laid down by them clearly in a prior judgment. Such is the state of high courts that they cannot even follow simple principles of constitution and precedents laid down by Supreme Court! ---------------------------------------------------------------------------------------------------------- we will be indirectly allowing the parties to the matrimony to live further miserable life all time to come. Therefore, in the interest of justice, we find it just and proper to allow this appeal and grant the decree of divorce on the ground that marriage between the parties has been irretrievably broken … [Read more...] about High Courts doing what only Supreme Court can
Supreme court in need of jurisdiction on foreign citizens!
Ha ha … Supreme court wants to find whether it has jurisdiction to conduct trial in case of foreign citizens, but at the same time tries to restrain Interpol from carrying out US court’s order in the same case! Does it really enhance standing of India’s judiciary in the world? Will Interpol respect such an order made by Indian court made in respect of citizens of another country? http://www.ndtv.com/news/india/court-restrains-interpol-from-taking-custody-of-child-from-nri-18497.php The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens. … [Read more...] about Supreme court in need of jurisdiction on foreign citizens!
No additional liability on husband regarding maintenance under PWDVA
Full judgment link: http://lobis.nic.in/dhc/SND/judgement/28-08-2010/SND27082010CRLMM4912009.pdf Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 9th August, 2010 Date of Order: 27th August, 2010 Crl.M.C.No. 491/2009 27.08.2010 Sanjay Bhardwaj & Ors. ... Petitioner Through: Dr. Naipal Singh, Advocate Versus The State & Anr. ... Respondents Through: Mr. O.P.Saxena, APP for the State With Mr. Gajraj Singh, SI Mr. K.C.Jain, Adv. for the Complainant/Wife JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. … [Read more...] about No additional liability on husband regarding maintenance under PWDVA