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 find is woman herself acknowledged she used to run a business before marriage. Which is why past working status is the most crucial part of evidence husband needs to collect if the woman denies that she is currently … [Read more...] about Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
DV Act
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 accommodation/property in her name and pay monthly maintenance. However the judges made it clear, she will get possession of the flat only on vacating the father-in-law's property. The last line above is quite interesting in that it has put a … [Read more...] about Supreme Court denies Delhi woman a claim on in-laws’ property
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, the judiciary will make sure to adjourn and give … [Read more...] about Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
The linked judgment below of Karnataka High Court below says that if the order under PWDVA (Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case. This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that. The judgment is available only in scanned PDF format, so text cannot be extracted. Link to PDF below: Krishna Murthy Nookula vs Y Savitha - Karnataka HC Judgment (PDF) Case Number: CRL.RP 815/2009 Judge(s): JAWAD RAHIM Petitioners: KRISHNAMURTHY NOOKULA Respondents: SAVITHA Y Date of Judgment: 9-Dec-2009 Bench: … [Read more...] about Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
I think this is a very important judgment about grant of any kind of monetary relief including maintenance to wives under Protection of Women from Domestic Violence act. It says that unless the domestic violence alleged in the complaint is proven, no relief can be granted under Section 20 of the DV Act which grants monetary relief. So bye bye to those complaints where wife says “I was not given food”, “I was locked in the bathroom” and the standard template of DV allegations. Let them prove their allegations, or find a real job rather than filing cases on husbands and living life like parasites! Note that this was on disposal of the main DV petition, so even if interim monetary relief is granted, keep fighting the main petition and get your maintenance amount to zero. Important … [Read more...] about No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp
Public Telegram group for asking Questions Use below link to join Telegram group to join the group directly and browse chat history. Join Men Rights India Q&A Group Since anyone can join above group, there is no guarantee of who is who, so people should keep that in mind. However, all group members need to follow basic posting etiquettes, and government of India's guidelines. Private WhatsApp group for chat and sharing with others We have started an online community in form of WhatsApp group where members can discuss and share with other members. It’s now structured as a self-supporting community and admin will only act as facilitator - for adding/removing group members, and ensuring guidelines are being followed. Also, now it is mandatory to send photo identity and … [Read more...] about Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp