Hmmm… I find the question quite perplexing, when a man is facing a false 498a or DV (Domestic Violence) case or an unjustifiable demand for maintenance from wife: “what should be my stand in court?” How about: “I’m innocent! Let the law take its course.” Apparently for 80-95% of Indian husbands, that’s too much complication. They want to have a ‘stand’ which will achieve the following for them: If they are fearing IPC 498a, then anticipatory bail should be easy to get. (Note: after Jul 2014 SC judgment, it appears arrests have drastically come down so this concern should reduce) If they already have maintenance case filed on them, then they should be able to pay zero or very low maintenance. If wife is simply threatening at home, then they should be able to safeguard … [Read more...] about What should be my stand in court?
It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and … [Read more...] about Multiple maintenance under DV Act denied when CrPC 125 already decided
Right of residence of a wife in shared household under DV Act (Protection of Women from Domestic Violence Act) doesn’t apply to in-laws’ property. The law itself doesn’t allow it as given in 2006 SC Batra vs. Batra judgment on shared household and also in this recent judgment of Delhi HC where woman was denied right in self-acquired property of father in law. It is not clear if the following appeal to SC has been initiated by same woman. In any case, the woman /daughter-in-law who has appealed to SC is said to be a practising advocate, so let it be the high point of her career. From here, it’s all the way down… A review in progress in SC doesn’t mean previous precedents (or bare act) will cease to apply. But do consult your advocates, sometimes they know … [Read more...] about Right of daughter-in-law in in-laws’ property under review by Supreme Court
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
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
I have been perplexed at the frequent arrival at this site by women (it can’t be men) after googling about IPC 498a and maintenance, yes, both those keywords together. One of these past days, I found so many of these searched keywords that I just had to save the screenshot that day which is given below. Above screenshot shows various google searched keywords by women who land up on my perennially popular post advising women on 498a, DV cases, maintenance, divorce etc. In above pic, have marked with numbers the various searched keywords about 498a, maintenance, DV, and their combos. First of all, a big thank you to all women coming to my website for getting some real education on 498a, DV, maintenance etc for women! That post is meant for your education, and even if … [Read more...] about 498a and maintenance: lose your illusions