The main point of this Supreme Court judgment is that female relatives of husband can be made respondents under DV Act. Being apex court judgment, it overrides any other HC judgments which might have disallowed roping in of husbands' relatives under DV Act. 14. In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005. Full judgment text is below: REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.271 OF 2011 (Arising out of SLP (Crl.) No.2854 of 2010) Sou. Sandhya Manoj Wankhade ... Appellant Vs. Manoj Bhimrao … [Read more...] about All are respondents under PWDVA, enjoy!
Learn how to use IPC sections 498a, 307, and 376 to create negotiating spaces!
http://www.thehindu.com/news/national/article1159868.ece Referring to news item above: I am not saying it's not abused. Just because it empowers women and gives them a negotiating space, [there are demands] that it be repealed. This is male chauvinism.” Justice Ganguly pointed out that Section 307 of the IPC was the most abused with instances of even a slap being construed as an attempt on one's life. As a SC judge, Justice A K Ganguly believes that IPC 498a gives women a negotiating space. The citizens would like to know further from the learned SC judge all the other sections of IPC which are meant to give negotiating space to citizens. He states that IPC 307 (attempt to murder) is most abused. I hope it is not because judiciary treats charges like “attempt to … [Read more...] about Learn how to use IPC sections 498a, 307, and 376 to create negotiating spaces!
Child’s wish is High Court’s command
See Uttarakhand HC judgment below. What idiocy in name of welfare of child! If a child runs away from home, does the court equate “child’s wish” =”welfare of child” and child should then live as an orphan because effectively that is what child wished for in practical terms? Or does the court rule away minor child’s wish and be returned to parents? Did the court consider the following facts? Child is only 6 years old, not of age where she can express a considered preference. Fact of crying of a 6 years old girl in front of a unfamiliar court room in unfamiliar crowd should be given only that much significance as is required in the context. Courts are implicitly saying they can be manipulated by either parent (mostly mothers) into poisoning or influencing a child’s mind. Just … [Read more...] about Child’s wish is High Court’s command
Advice to women on IPC 498a, DV case, maintenance, divorce etc.
This blog gets a reasonable number of hits everyday. The main goal of the blog is clearly mentioned, both in its name, and in description. However it is quite likely that some of the visitors are women who have wandered over here and have filed a complaint against husband/in-laws/relatives/children/pet dog, or intend to do so. This post is specifically meant for them. Firstly, IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. Act 1, Scene 1 of marriage: Control your husband completely Q: I want him to stay away from his parents and take a separate house, but he will not listen. A: Maybe you do not realize that … [Read more...] about Advice to women on IPC 498a, DV case, maintenance, divorce etc.
Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
After the recent episode where Supreme Court wanted to see if palimony could be applicable for live-in relationship of 14 years, the air has cleared. Link to previous news below: http://timesofindia.indiatimes.com/india/Should-a-concubine-get-maintenance-SC-to-examine-the-question/articleshow/6685247.cms Update Apr 14th 2015: Full judgment is given at the end now. Today’s news where SC has distinguished that there are 2 kind (hopefully we stop at 2) of live-in relationships when it comes to eligibility of maintenance to women: 1. Live-in relationship in nature of marriage 2. Live-in relationship of any other kind And SC has clarified that the second kind are NOT eligible for maintenance by women. Link to the news … [Read more...] about Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
All women in household deserve protection under PWDVA
When laws are made to satisfy whims of a few feminazis, the result is such litigation as in this Delhi case below. It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. Some excerpts of the judgment are below followed by full text later: The misuse and abuse of the Act is a matter of serious concern for the courts who are required to be careful and ensure that a woman petitioner is not made a puppet or pawn in the hands of her male relatives so as to manipulate the Protection of Women from Domestic Violence Act, 2005 and use it for ulterior motives. ... At the very outset I may observe that merely because the revisionist no.3 Smt. Sarika Mehta happen to be the … [Read more...] about All women in household deserve protection under PWDVA