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) The definition of what constitutes domestic violence is given in Sec 3 of DV Act and is a very wide and exhaustive definition, easily liable to misuse. The section 3 of DV Act is given below. If your wife has not yet filed a DV case, read it to see what allegations she has been making verbally so far, that she might file later under section 3. If your wife has already a DV case, read the section 3 below to check what parts of the section have already been used in allegations against you. Bonus exercise: Read the PWDVA Rules, 2006 Form I (of DIR) and Form 4 to check what specific allegations of domestic violence have been made against you … [Read more...] about Ch 5-3. Section 3. What can be alleged to be domestic violence?

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) Similar to how we discussed CrPC 125, I will list its important sections (not all) which are often used to extort maintenance, harass men, and their families. This will be of help in preparing for how to handle the DV cases filed by wife. The full DV Act is given in Appendix B as a reference. From Definitions Section of PWDVA, I produce below selected sections, followed by my comments on how it may be important for you. 2 (a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; Comment: Your wife is the … [Read more...] about Ch 5-2. Section 2. Important terms in PWDVA – let’s learn the basics

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) As we have discussed briefly, the Statement of Objects and Reasons at beginning of DV Act mentions about protecting women/wives from violence in homes, allowing them to file complaints against both male partner/husband and his relatives, mentions right to residence for women, and mentions about protection officers and NGOs as service providers. It doesn't mention about maintenance at all. So why do people who receive a summons in a DV case are asked to pay maintenance to wife, and amounts asked are like 1 lakh per month when husband's salary may not be more than 40,000 per month? Because all those clauses about maintenance are part of the actual … [Read more...] about Ch 5-1. How is a DV case different from CrPC 125?

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) I would in general advise anyone against the strategy of not paying maintenance and waiting to see what happens. It may be fine only in case to case basis where for some reason the court passed an order of maintenance much higher than one's income. But keeping this option as main strategy is not advisable since as per law, the maintenance amount will keep on accumulating, and one day that amount in arrears will have to be paid lumpsum. Also, many men feel righteous about the fact that wife has left with no reason at all and the allegations are false. So they think that they will not pay the ordered maintenance in interim order, and will appeal … [Read more...] about Ch 4-2. What happens if husband doesn’t pay maintenance?

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) Why do we need to read bare acts Reading the bare act of any law is a highly productive thing, and sadly, it is skipped altogether by many even after many years into their legal cases. If people took some time to read the bare acts, we will not be hearing questions of the kind: My wife has filed DV case on me and parents. Will we get arrested? Can my wife make a claim on my father's house? My lawyer says that I cannot avoid paying maintenance. Is it true? Is parents' assets and property also used to decide on amount of maintenance? Now the good news is that CrPC 125 is not a very long section. If you can stay with me and read the … [Read more...] about Ch 4. Understanding sections of CrPC 125 and implications

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) Laws are created in a certain milieu and 95% of the time, they will not be any different from common sense view of individuals, and norms of society. But 5% of the time, they may seem to be against common sense view or what seems reasonable to people. We will now look at where CrPC 125 stands in terms of common sense/norm of society versus any unreasonable points in it. To dissect the CrPC 125, I will produce excerpt of important words and lines from the Bare Act of CrPC 125 and give my comments after that. That approach can be used by anyone to analyse the intent of any legal provision, and it's implications. I will also note down the open … [Read more...] about Ch 4-1. Understanding basics of CrPC 125 and implications