A person who files under DV (Domestic Violence) Act may get help from State to file for 498A and Dowry Act 1961 if these are applicable to her case.Read 5(e) of PWDVA which enables Protection Officer or Magistrate to help woman:(e) of her right to file a complaint under section 498A of the Indian Penal Code,wherever relevant: "Read 31(3) of PWDVA which is applicable after breach of Protection Order:(3) While framing charges under sub-section (J), the Magistrate may also framecharges under section 498A of the Indian Penal Code and any other provision of that Code or the Dowry Prohibition Act, 1961, as the case may be, if the facts disclose thecommission of an offence under those provisions.So the point of double jeopardy would not be applicable to avoid simultaneous 498A and PWDVA, … [Read more...] about PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously
Protection order only maintainable against adult male under DV (Domestic Violence) Act
Another judgment is analyzed below which concludes that women / female relatives of husband/man cannot be made 'respondent' under Domestic Violence Act (PWDVA).First see the 2(q) clause of PWDVA which defines respondent. Note that almost all the reliefs mentioned are claimable only against respondent.(q) "respondent" means any adult male person wbo is, or has been, in adomestic relationship with the aggrieved person and against whom the aggrievedpcrson has sought any relief under this Act,Provided that an 'aggrieved wife or female living in a relationship in thenature of a marriage may also file a complamt against a relative of the husband orthe male partner;Now from the judgment we read the following, esp note the bold portions:The word complaint as appeared in the definition … [Read more...] about Protection order only maintainable against adult male under DV (Domestic Violence) Act
RTI filing process
Very good post explaining all steps to file RTI for IT refund not given in time. It has details to find information on finding the CPIO to who to address the RTI application etc. Also details on how to file first appeal and subsequent follow up in case of denial of information.http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html … [Read more...] about RTI filing process
Petitioner to pay cost on frivolous petition
In this Delhi HC judgment, petitioner was made to pay cost of Rs 10,000 due to frivolous petition and causing delays in judicial process.Case of: Shri Manoj Sharma vs Shri Naresh GuptaExcerpts of judgment below:6. The record shows that petitioner is only interested in delaying the trial of caseand the criminal complaint is pending before the trial court since 2001 and therespondent has been cross-examined as far as back in the year 2004. Nowhere thepetitioner has taken the plea of the alleged receipt executed on 10th February, 2001. There is nothing on record to show that the petitioner has ever taken this defenceeven in the reply sent in response to notice, under Section 138 of the Negotiable Instruments Act. Under these circumstances … [Read more...] about Petitioner to pay cost on frivolous petition
DV Act (PWDVA) applicable against female relatives of man
According to PWDVA Domestic Violence Act, both male and female relatives of husband /man can be implicated in the complaint by wife/woman. Following are excerpts and my comments from Chennai HC judgement where the judges have dealth at length with the issue of PWDVA interpretation. It may seem a bit long-winded discussion about the point of female relatives of man but probably judges wanted to show complete application and logic for arriving at the decision.From judgment :BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28/04/2009CORAMTHE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAHCrl.O.P.(MD)No.11066 of 2008andM.P.(MD)No.1 of 20091.K.Kamala2.K.Pasungili3.C.Vasantharaja ... PetitionersVs.1.M.Parimala2.The District Social Welfare Office cum The District Dowry … [Read more...] about DV Act (PWDVA) applicable against female relatives of man
Indian Police on dowry complaints: Shoot first, talk later
Today's news story of Bangalore techie Shubhankar Katyayan is heart-rending of how cruel people will not stop at anything, and literally will kill the 'golden husband' they set out to exploit like the proverbial 'golden goose' story.Treated cruelly by wife, techie ends lifeNow read the pertinent information from the story:Shubhankar’s lawyer Anand said the divorce petition (MC1732/09) was filed on June 24, 2009. In the judicial separation petition posted for hearing on January 1, 2010, Nandini had claimed Purunjay’s custody and return of all gifts she received at her wedding.On July 14, Nandini’s mother Anmana Jha lodged a complaint with the Commercial Street police, alleging that Shubhankar, demanding dowry, had assaulted and attempted to kill her daughter. A number of criminal cases were … [Read more...] about Indian Police on dowry complaints: Shoot first, talk later