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) Having gone through section 19, we are in a position to discuss what strategies or tactics can be adopted to minimize the damage if you don't have a case filed on you yet. If you own your own house, whether fully paid off or bank EMI still ongoing, you will be sometimes advised that it is better to sell-off the house so that your wife cannot claim residence in it or put a restraining order using Section 19 of DV Act. Of course lawyers don't dish out this type of advice, it's usually discussed in men's rights forums. The decision to sell the house or not will depend on several factors: If husband and wife are still staying together in the house … [Read more...] about Ch 5-11. I am fearing DV case, should I sell my house?
Ch 5-7. Section 14 – Counselling, Section 16 – Proceedings in private
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 14. Counselling under DV Act for wife and husband Section 14 outlines the provision for counselling of wife and husband either singly or jointly. 14. Counseling.- (1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counseling as may be prescribed. (2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months. It is not any kind of … [Read more...] about Ch 5-7. Section 14 – Counselling, Section 16 – Proceedings in private
Ch 5-6. Section 13. Notice to respondent
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 13 of DV Act which deals with service of notice is reproduced below: 13. Service of notice.- (1) A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on any other person, as directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt. (2) A declaration of service of notice made by the Protection Officer in such form as may be prescribed shall be the proof that such notice was served upon the … [Read more...] about Ch 5-6. Section 13. Notice to respondent
Ch 5-5. Section 5 – DV and 498A both, Section 9, 10 – When women’s NGO calls you, Section 12 – Time for disposal
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 5. Can a woman who has filed DV case later file 498A too? Yes. Of course. DV Act is created to give some civil benefits to wife, and IPC 498A was the criminal section added to IPC in 1983 and now used mainly to torture husbands and his family members. The real life use of IPC 498A is to drag husband and family into criminal cases. The real life use of DV Act is to make false domestic violence allegations and claim both compensation, and monthly maintenance based on those allegations. Section 3 b) outlines usage of DV Act to file complaint for dowry harassment too. 3 b) harasses, harms, injures or endangers the aggrieved person with a view … [Read more...] about Ch 5-5. Section 5 – DV and 498A both, Section 9, 10 – When women’s NGO calls you, Section 12 – Time for disposal
Ch 5-4. A simple approach to fight DV allegations
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 saving grace in Section 3 of PWDVA is that it's final clause says that the events have to be seen in their totality to decide whether domestic violence has taken place or not. Explanation II.-For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. Above should be used by husbands during arguments to tear apart the often vague, contradictory, without-evidence allegations of wives. How? Let's say your wife has made 10 different allegations of domestic violence some of … [Read more...] about Ch 5-4. A simple approach to fight DV allegations
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) 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?