From Chennai HC judgment here:Unfortunately the PDF does not allow text excerpt to be copied. Pls read carefully Sec 8 of judgment below. It says that Domestic Violence act (PWDVA) can be applicable for act of violence before DV act came into force i.e 26 Jun 2006.http://www.box.net/shared/4qapi58xetFrom another Chennai HC judgment at this site:http://www.lawyerscollective.org/sites/default/files/sarvankumar%20full%20text.doc6. Though the allegations made against the petitioner by the respondent relates to the occurrence that has taken place on 27.6.2006, one of the allegations is that the respondent and the child have been driven out of the household and they are unable to maintain themselves. It is not the case of the petitioner that the respondent and the child are living in the house … [Read more...] about Domestic Violence act applicable for violence before DV Act came into force
DV Act
Backgrounder on Domestic Violence Act (PWDVA)
In case you do not know about DV act, for basic background go through these excellent links: http://www.498a.org/domesticViolence.htm http://www.498a.org/dvfaq.htm The questions given below will prepare you for the possible misuse of this act. Ask yourself if anyone of these questions could apply to your case. Being prepared is winning half the battle! http://www.498a.org/dvquestions.htm For more information on judgments etc and analysis relating to PWDVA see below: http://nyayayodha.blogspot.com/search/label/PWDVA%28DV%20Act%29 … [Read more...] about Backgrounder on Domestic Violence Act (PWDVA)
Results of SIF survey in Bangalore shown on TV
Video 1 summary:Survey of 1100 husbands from Jan 2008 to Apr 2009 in Bangalore, India. 42.3% false Dowry 498A cases against IT people in Bangalore. Case of Bala Murugan, SIF PRO Virag on need for gender neutral laws.http://www.youtube.com/watch?v=RRxeEtE9rVkVideo 2 summary:Shocking Statistics - 25 divorces being filed every day in Bangalore - mostly by women. Financial independence said to be main reason. SIF PRO Virag explains methodology of survey. SC lawyer Varun Goswami gives views on misuse of 498A. He says 90% of 498A settled before finalization of trial. Extortionary claims made to settle cases.http://www.youtube.com/watch?v=1l5qGnXN0VUVideo 3 summary:SIF PRO Virag explains reason of 90% cases settlement. Points flaw in UN survey on Domestic Violence in India. Many … [Read more...] about Results of SIF survey in Bangalore shown on TV
Significant Judgments on DV Act
DV cannot be applied retrospectivelyA few judgments relating to the fact that PWDVA, Domestic Violence DV Act cannot be applied for complaints which may have arisen before Domestic Violence act came into force."It is a fundamental principle of law that any penal provision has no retrospective operation ...."Hyderabad HC Judgment:DV penal provisions can not be applied retrospectivelyIn case below, HC rejected PWDVA application on grounds that the alleged cruelties happened before 1997 and DV victim anyway was staying separately since 1997. The act which came into force in 2005 cannot have retrospective application before 1997.Delhi HC Judgment: DV penal provisions not retrospectivelyDV order should be passed only after hearing husband side MP HC Judgment:DV order cannot be passed without … [Read more...] about Significant Judgments on DV Act