Maint-Book

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 36. Other laws still apply 36. Act not in derogation of any other law.- The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. Comment: This basically means that provisions of DV Act cannot override any other law in force. As we saw earlier, it is clearly given in various provisions of DV Act that a woman can claim both maintenance and other reliefs under DV Act even if she has similar reliefs ordered under other laws. So the importance of this provision is that it makes the DV Act as mainly a tool to get reliefs for a woman. For substantial and … [Read more...] about Ch 5-19. Section 36 – Other laws still apply, Section 37 – DV Rules

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) For men whose wife has left them but hasn't yet filed any cases, there is an advanced technique discussed sometimes when a few men go into a huddle or sit around a table discussing their life and situation. The concept is called "DV House". What it means is quite simple. Since the maintenance amount ordered will be to enable a wife to have same living standard when she was with husband, why not be pro-active and lower your standard of living so as to lower future possible maintenance amount! So if your wife has left you, and even though there is some talk of her coming back going on, you are aware of her intentions and a real possibility … [Read more...] about Ch 5-13. Want to save maintenance? Invite your wife to “DV House”

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 21. Custody Orders 21. Custody orders.- Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow … [Read more...] about Ch 5-14. Section 21. Custody Orders, Section 22 – Compensation

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Now we come to the section which is music to the ears of feminist wives and the divorce industry lawyers. 20. Monetary reliefs.- (1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; … [Read more...] about Ch 5-12. Section 20. Monetary reliefs – It’s all about Money, Honey!

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) (1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent. Comment: Sub-section (1) allows judge to pass interim … [Read more...] about Ch 5-15. Section 23 – Interim and Ex-parte orders, Section 24 – Order copies

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 25. Duration and alteration of orders 25.Duration and alteration of orders.- (1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. Comment: This is an important section of the act, because it mentions how orders can be modified in a DV case. For modification of … [Read more...] about Ch 5-16. Section 25 – Duration and alteration of orders, Section 26 – Multiple proceedings