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!
DV Act Judgments
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
Delhi court says give proof of income before registering dowry case
Finally, some judges are getting the hang of things how false dowry cases are filed… or more likely they knew it all along, but now some are showing the courage to go against this dowry tamasha which does great injustice to hapless husband and his family members. http://www.hindustantimes.com/rssfeed/newdelhi/Spent-a-lot-on-wedding-Show-us-proof-Court/Article1-506462.aspx New Delhi, February 07, 2010 Planning a lavish wedding? Just keep the tax-returns ready. A city court judge has asked a woman and her parents to disclose their source of money for arranging a wedding that reportedly cost them Rs 60 lakh, on Saturday. Moreover, the court refused to register a criminal case against the groom for accepting dowry in the absence of these financial proofs. Additional Chief … [Read more...] about Delhi court says give proof of income before registering dowry case
Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person with Ld. Counsel Shri Anujai Tiwari. Ld. Protection Officer Ms. Kiran also present. 2. By this order, I have to decide an application of applicant Sonia w/o Shri Vinod and D/o Shri … [Read more...] about Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
SC Judgment: On directing CBI to produce missing child
ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and respondentno. 6 soon thereafter. Respondent no. 6 approached the State ofNew York Supreme Court … [Read more...] about SC Judgment: On directing CBI to produce missing child