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 crowd and easily shamed aspiring middle classes as useful idiots; and it was practically made only for wives to file complaints on their husbands and ask for various reliefs like … [Read more...] about Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
DV Act
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. Maintenance will be decided based on details and merit of the case. Full judgment text below: … [Read more...] about Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband
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 a wife qualified as a beautician, than a wife with qualifications like MA or PhD, but no work experience whatsoever. Important points of judgment below: ii) … [Read more...] about Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
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 awarded in DV cases routinely with no evidence of any violence whatsoever, because the DV Act is drafted in such a way that it talks only about what … [Read more...] about Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
AAP’s Somnath Bharti faces DV complaint from wife – lessons for husbands
After catching snippets of news on social media, TV, online news about domestic violence case filed by wife on Somnath Bharti -- once law minister in first AAP government in Delhi -- I decided to delve into some of the patterns followed by wives, and also possibly some right ‘moves’ made by Mr Bharti so far. Let’s start with Firstpost’s rendition of the DV complaint as it unfolds: http://www.firstpost.com/india/allegations-of-domestic-violence-baseless-somnath-bharti-reacts-as-wife-files-complaint-with-dcw-2289290.html In more controversy for ruling Aam Aadmi Party, its MLA and former Delhi Law Minister Somnath Bharti was on Wednesday slapped with notices by Delhi Commission for Women after his wife filed a complaint levelling charges of domestic violence, mental torture, … [Read more...] about AAP’s Somnath Bharti faces DV complaint from wife – lessons for husbands
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 below: Even though I don’t speak Marathi, like Sherlock Holmes I went down to the task of trying to read whatever words I could understand from the news, to make some educated guess on what might have happened: First … [Read more...] about Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail