The Protection of Women from Domestic Violence Act, 2005, or PWDVA, 2005 or DV Act in short, is very clear on one point. It is only for protection of women (practically speaking only wives use it) in a household. The name of the act itself makes it very clear. Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website. Then this High Court of Karnataka judgment (text below) comes along, which seems to redefine the whole DV Act itself, by suggesting that a complaint filed by husband on wives and in-laws should be …[Continue Reading]
If you are facing a DV and maintenance case, here's your chance to learn everything about how to fight and deny or reduce maintenance to wife!
Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
This judgment from Supreme Court in October 2016 changed PWDVA (Protection of Women from Domestic Violence Act), 2005 in a fundamental way. Until this SC judgment, the DV Act allowed for complaint to be filed only against an adult male of the household, and whether other females could also be included as respondents along with adult male(s) was interpreted differently in different judgments, because the basic definition of word respondent included only adult males under Section 2(q) of the act. Basically the DV Act was created on behest of feminist lobby by roping in the beta males and virtue signalling …[Continue Reading]
Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband
Basically, I see this judgment in line with another recent one where interim maintenance was denied to a wife qualified as beautician. I think the main thing in both judgments that the child of couple was staying with father, so the usual sympathy for mother as well as need for child support being paid to mother did not arise. Though such situations where child is left with father are somewhat rare, the main point to understand is there is no such rule that “you will have to pay some maintenance to wife” – a convenient quote often made by lawyers. …[Continue Reading]
Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
Two readers sent copy of this recent Delhi court’s judgment about interim maintenance, and thanks to both! While many people were commenting after reading the newspaper reports of this judgment, I don’t think the newspaper reports mentioned that there was a child who was being taken care of by respondent-husband. I wonder if the decision had been otherwise had the petitioner-wife been taking care of the child, which is the usual scenario. In fact, I think that’s the crucial point which has gone in favour of husband/father. Another possible conclusion: As far as denying maintenance is concerned, better to have …[Continue Reading]
Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
Usually my impression is that as far as judicial decisions are concerned, Chennai is a place filled with white knightery, where it is easy to get judgments in favour of women; even based on flimsy evidence but more based on emotions. I remember reading a judgment where a woman was granted maintenance under DV Act after a one-night stand with an office co-worker at his house. Some “beneficial legislation” interpretation it must be that one night spent with office co-worker in his house turns that into a live-in relationship! The problem with such benefit-and-relief-awarding interpretations is that interim maintenance gets …[Continue Reading]
Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
One of our group members from Pune sent a clipping of news of maintenance denied to wife from a Marathi newspaper. His comment below: This order is of rejected maintenance to wife. Maintenance rejected because husband provided proofs of her Facebook and gmail accounts that she was chatting with her friends. Also proofs were provided of her mobile call records, and it was told to court that mother and sister both are working as well as petitioner was working before but not now. Keeping all this in mind there is no need of maintenance to wife. The news clipping is …[Continue Reading]
Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
This is a Mar 2014 judgment of Delhi sessions court which had denied maintenance to wife under DV Act, and it seems very important for any husband facing maintenance case whose wife worked at some point of time even if before marriage. One of the most common scenarios we hear from men is that “wife was working before marriage, but left job after marriage, and has now filed maintenance case on me”. Or a less common scenario: “wife was working after marriage also, but left the house, then filed maintenance case saying she doesn’t have a job”. Main thing I …[Continue Reading]
Delhi sessions court asks woman to find job within a year, grants maintenance
In an encouraging development for married men – and maybe women too who don’t believe women should be living like parasites – a Delhi sessions court has asked a woman who asked for maintenance to find work within 1 year. Even though additional maintenance amount of 10,000 was granted for 1 year, the condition to find work seems unbelievable because of the maintenance regime in the India so far has been just-ask-for-maintenance-you-will-get-something-no-matter-your-own-role-in-the-problem. From: Delhi court asks woman to find job within a year, grants maintenance “The woman shall during the period of one year look for a job and start …[Continue Reading]
Supreme Court denies Delhi woman a claim on in-laws’ property
The Delhi HC judgment of Jul 2014 that a woman has no right to in-laws’ self-acquired property under Domestic Violence Act (PWDVA) has got the stamp of approval of the Supreme court as per this recent news. Woman has no claim on in-laws’ property: SC In a recent order, a bench of Justices Madan B Lokur and Uday Umesh Lalit also put an end to years of fighting between the woman, her in-laws and her husband by granting the couple divorce. To safeguard the rights of the single mother and her two children, SC ordered the husband to provide alternate …[Continue Reading]
Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
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 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, …[Continue Reading]
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