There is real good news for all those feminist mother in laws, who celebrated when the abominable DV Act (PWDVA) was passed. Due to a their collective sad karma some of them later got the short end of the stick when their daughter in laws realized their newly discovered route of quick women-empowerment-by-filing-DV-case-on-in-laws and starting kicking them. Now Delhi HC has upheld the DV case filed by a mother in law on her daughter in law (see judgment below). Let the feminist mother in laws rejoice, after all now they can now file the case at least, not sure if they would like to win it though since it will fly in the face of their much touted cause of ‘women empowerment’. And on a larger scale, the games will be going on for time to come in Indian families. No body should be left … [Read more...] about Let the games begin–MIL can file DV on DIL
498a Judgments
MIL kicking DIL is not cruelty under 498A
This recent judgment of Supreme Court (SC) in BHASKAR LAL SHARMA Versus MONICA case has made it to front columns of most newspapers.Full judgment is here:Given that it is an SC judgment, it automatically sets binding precedent for further cases which may have similarity. For purpose of IPC 498A, following portion of judgment could be of value in setting precedent about what constitutes Cruelty under IPC 498A:The allegations relating to the place where the marriage took place has nothing to do with an offence under Section 498A of the IPC. Allegations that appellant No.2 kicked the respondent with her leg and told her that her mother to be a liar may make out some other offence but not the one punishable under Section 498A. Similarly her allegations that the … [Read more...] about MIL kicking DIL is not cruelty under 498A
498A tips for UK residents and NRIs
Check out this poster about 498A as it may affect NRIs and UK residents in particular:http://vaghelasv.com/Documents/498A%20IPC%20-%20Final.doc … [Read more...] about 498A tips for UK residents and NRIs
Basic do’s and don’ts for 498A etc
Basic safety and precautions Keep documents out of reach of your wife/other party. Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc. 498A & Divorce Man should not file for divorce. Many men may be living in unhappy marriages, or wife may already be separated for long period. It may lead to thinking that the wife also wants divorce, so filing … [Read more...] about Basic do’s and don’ts for 498A etc
Judgments and opinions on 498A, misuse of laws etc
Why high court judges are allowing compounding of 498A cases even though is is non-compoundable offence? Further, in Andhra Pradesh 498A has been made compoundable with effect from 1-8-2003. Compounding of offence basically means taking back of the criminal complaint by complainant. Sec 320 of CrPC gives list of IPC offences which can be compounded. 498A is a non-compoundable offence. Only serious offences which are considered offences against society are made non-compoundable.http://ipc498a.files.wordpress.com/2007/04/delhi-hc-permitting-the-compounding-of-498a-cases-2007.pdfRead about several judgments about false 498A and other false cases by women party. Use these as citations in your own cases if your case has … [Read more...] about Judgments and opinions on 498A, misuse of laws etc