A 2008 judgment of Mumbai HC is given below providing scope for female relatives of husband/man to be respondents under 2(q) of PWDVA. However, it does not mean that all reliefs can also be claimed from female respondents as highlighted in judgment below. ------------------------------------------------------------------------------------------------ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL REVISION APPLICATION NO.590 OF 2008 Archana Hemant Naik ...Applicant vs. Urmilaben I. Naik and Anr. ...Respondents Ms Anjali Helekar for the applicant Mr.C.M.Kothari for respondent no.1 CORAM :A.S.OKA,J. DATE OF HEARING THE LAST ARGUMENT: JULY 3, 2009 DATE OF PRONOUNCEMENT OF THE JUDGMENT: AUGUST 25,2009 JUDGMENT : 1 The … [Read more...] about Mumbai HC: women relatives can be respondents under Domestic Violence Act
DV Act
Delhi court denies residence rights on in-laws’ house under DV Act
What an ass of a law is PWDVA … judges keep muttering under their breath. http://www.ptinews.com/news/551730_Woman-cannot-claim-right-to-residence-in-in-laws-house--Court New Delhi, Mar 7 (PTI) A woman cannot claim the right to residence in the houses owned by her in-laws under the Domestic Violence Act as she can seek maintenance only from her husband, sons and daughters, a Delhi court has said. "The wife has no right to claim residence in the house belonging to her mother-in-law or father-in-law and a woman has the right of maintenance only against her husband, sons and daughters and not against her in-laws," Additional Sessions Judge Madhu Jain said. The court made the observations while dismissing an appeal of a woman against an order of a Metropolitan Magistrate, … [Read more...] about Delhi court denies residence rights on in-laws’ house under DV Act
Indian women can do violence, jaago re sone waalo
Indian women are capable of doing physical violence. If you don’t believe it, check out the video below.http://www.metrojoint.com/video/tcs_girl/7863Then why does the great PWDVA (DV Act) of India does not grant any protection from domestic violence to other members of family except women (read wives)? … [Read more...] about Indian women can do violence, jaago re sone waalo
Family court can levy penalty for protection order violation under PWDVA (DV Act)
Mumbai high court has said that family court has the jurisdiction to levy penalty for violation of protection order under PWDVA (Domestic violence act).It is another matter that the obscene fart called PWDVA states that a protection order violation is ruled merely on verbal complaint without any verification/corroboration, so it remains to be seen if the family courts will now get clogged by false cases by women about violation of protection orders, and drive out the truly needy women.http://timesofindia.indiatimes.com/city/mumbai/Family-courts-can-punish-those-flouting-DV-Act-HC/articleshow/5601140.cmsMUMBAI: The Bombay high court has held that family courts can try and punish persons for violating protective orders passed under the special law to protect women from violence—the Domestic … [Read more...] about Family court can levy penalty for protection order violation under PWDVA (DV Act)
Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Inclusion of the whole baraat (marriage party) of husband’s relatives in PWDVA (Domestic Violence) complaint was nothing new, now it has got stamp of approval of division bench of Chennai high court.Read here about my earlier blog post on similar judgment by Madurai bench of Chennai high court.http://timesofindia.indiatimes.com/city/chennai/Women-liable-for-violence-at-home-HC/articleshow/5586092.cmsCHENNAI: A woman, who is a victim of domestic violence, can include the names of her husband as well as his adult male and female relatives while initiating civil proceedings under the Domestic Violence Act, the Madras High Court has ruled. A landmark judgment to this effect was delivered by a division bench comprising Justice C Nagappan and Justice PR Shivakumar in a case where it had … [Read more...] about Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person with Ld. Counsel Shri Anujai Tiwari. Ld. Protection Officer Ms. Kiran also present. 2. By this order, I have to decide an application of applicant Sonia w/o Shri Vinod and D/o Shri … [Read more...] about Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application