DV cannot be applied retrospectivelyA few judgments relating to the fact that PWDVA, Domestic Violence DV Act cannot be applied for complaints which may have arisen before Domestic Violence act came into force."It is a fundamental principle of law that any penal provision has no retrospective operation ...."Hyderabad HC Judgment:DV penal provisions can not be applied retrospectivelyIn case below, HC rejected PWDVA application on grounds that the alleged cruelties happened before 1997 and DV victim anyway was staying separately since 1997. The act which came into force in 2005 cannot have retrospective application before 1997.Delhi HC Judgment: DV penal provisions not retrospectivelyDV order should be passed only after hearing husband side MP HC Judgment:DV order cannot be passed without … [Read more...] about Significant Judgments on DV Act
Books on 498A, Family Law, Legal/Court Procedures
I am giving list of books below by SIFF veterans as per their advice on SIFF group.From SIFF (Jul09):1. Thomson West Publications - Black's Law Dictionary (8th. Edition) - By BryanA Garner - Rs. 3,170/ -2. Universal Law Publishing Co Pvt Ltd. - Law of Adoption Minority Guardianshipand Custody (4th. Edition) - By Late Prof. Paras Diwan - Rs. 630/-3. Universal Law Publishing Co Pvt Ltd. - Law of Affidavits (3rd. Edition) - ByS. Parameswaran - Rs. 350/-4. Nabhi Publications - Legal Drafting for Layman - (1st. Edition) - Rs. 150/-5. Asia Law House - Law of Contempt of Court (4th. Edition) - By Justice P.S.Narayana - Rs. 450/-6. Asia Law House - Criminal Pleadings and Practice (5th. Edition) - By JusticeP.S. Narayana - Rs. 275/-7. Asia Law House - Civil Pleadings and Practice (5th. Edition) - … [Read more...] about Books on 498A, Family Law, Legal/Court Procedures
498A Information for NRIs
Before marriage Read this booklet specifically for NRI men seeking Indian women: http://www.498a.org/contents/publicity/moiaBooklet/index.htm After marriage Link: http://www.498a.org/ … [Read more...] about 498A Information for NRIs
Basic info on IPC 498A
498A : aka Dowry/Cruelty etc If you don't know much about 498A, read the FAQ below:498A FAQ498A ExplainedWhy supreme court calls 498a as "Legal Terrorism"? 498A survival guide Read the very detailed and excellent downloadable survival guide in PDF format is available here:http://ipc498a.files.wordpress.com/2008/04/a-guide-to-surviving-ipc-498a-apr-2008ci.pdfTake a printout of above guide and go through it over time. It is 40 pages long so take a double sided printout if possible. In case 498A is not filed yet, let your parents, siblings read the relevant information from it. That may help them prepare for the eventual 498A. It may help you to devise counterstrategy, get anticipatory bail, contact a lawyer, collect evidences etc.The survival kit home page is at link … [Read more...] about Basic info on IPC 498A
Indian laws for protection of women
Information taken from link here: http://saveindianfamily.org/articles/blogs/434-gender-arsenal.html 1. Section 498A of the Indian Penal Code (IPC): This section is formulated for married women who face physical and mental harassment from husband and in-laws and the cruelty is made for any unreasonable ‘demand’ (mostly dowry) from the woman and the cruelty is of such nature that it drives the woman to commit suicide or can be a danger to the life and limb of the woman. 2. Section 354 of the IPC: Assault or criminal force to woman with intent to outrage her modesty. 3. Section 509 of the IPC: Word, gesture or act intended to insult the modesty of a woman. 4. Section 375 and 376 of the IPC: Rape of a woman. 5. Section 498 of the IPC: Enticing or taking away or detaining with … [Read more...] about Indian laws for protection of women