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) Procedure for Summons in CrPC 125 case Sections 61 and onwards in CrPC (Code of Criminal Procedure) lay down procedure for summons. Since CrPC 125 can result in punishment of 1 month for every breach, the procedure for CrPC 125 is taken as per a summons case (as opposed to a warrant case for serious crimes). The form of summons is given in Sec 61 of CrPC. Section 61 - Form of summons Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court. The format of … [Read more...] about Ch 6-1. Procedure for Summons in CrPC 125 case

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) Sequence of steps in court in CrPC 125 or DV Act Following are the general steps taken in a case under CrPC 125 or DV Act. Application filed in front of magistrate court (DV Act) or family court (CrPC 125). When wife files DV or CrPC 125 case, she is the applicant. Summons are sent to respondent/you. You/your lawyer appear at first hearing and lawyer files vakalatnama which authorizes him to represent you. Possible that judge may sent the parties to mediation. It is more likely to happen if one or both parties ask for mediation. Mediation fails or whatever else happens there, but case is not withdrawn by wife. Written statement, or … [Read more...] about Ch 6. Proceedings and summons in CrPC 125, DV Act

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 27. Jurisdiction (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. (2) Any order made this Act shall be enforceable throughout India. Comment: DV Act again is very favourable to women, and is cleverly worded to include even … [Read more...] about Ch 5-17. Section 27 – Jurisdiction, Section 28 – Procedure of trial

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