The Protection of Women from Domestic Violence Act, 2005, or PWDVA, 2005 or DV Act in short, is very clear on one point. It is only for protection of women (practically speaking only wives use it) in a household. The name of the act itself makes it very clear. Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website. Then this High Court of Karnataka judgment (text below) comes along, which seems to redefine the whole DV Act itself, by suggesting that a complaint filed by husband on wives and in-laws should be …[Continue Reading]
Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
Thanks to a reader, we have this judgment of Patna High Court on topic of arrest and anticipatory bail. Even though the Supreme Court’s Arnesh Kumar vs State of Bihar & Anr. judgment has been in operation since July 2014, which clearly says that departmental action can be initiated against magistrates if they routinely grant accused to be placed in custody for offences with punishment less than 7 years; it seems that judgment has had no effect in state of Bihar so far. Because in this case, the Patna HC has acknowledged the “very disturbing state of practice prevailing in …[Continue Reading]
In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
Thanks to a reader, we have this interesting judgment on topic of arrest and bail; and it highlights the rot that has become India, and the rot and zombie-hood exists in all branches of official life: be it executive (police department), or judiciary. So the usual Indian trick of pointing finger at another department will not work in this case. Citizens are not above blame either, because they seem to firmly believe that the rot exists in government, and it can’t be fixed; so all their energy is spent on finding shortcuts and escape techniques, rather than improving the system. …[Continue Reading]
MP HC denies maintenance to wife on her CrPC 125 appeal
Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are …[Continue Reading]
Gujarat HC allows examining account books of wife’s employer in maintenance case
Short summary: To prove his wife is working and not entitled to maintenance, a Gujarat man gives video evidence of wife working in a firm, the firm owner refuses to identify that woman, court denies man’s request to get account books of firm to confirm salary being paid to wife, and HC overturns trial court order to allow producing the account books. Man does sting on wife to establish her income To prove his wife’s employment, Rajesh called the firm’s owner as a witness, who said that Meena was not working in his firm. Rajesh produced a video recording in …[Continue Reading]
Live-in relation doesn’t give immunity from rape charge: says Delhi HC
In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape. Can’t keep live-in relations outside purview of rape: Delhi HC “As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do,” a bench of chief justice G Rohini and justice Rajiv …[Continue Reading]
Chennai HC exhorts magistrates to award lumpsum amounts at interim orders under DV Act
CHENNAI: The Madras high court has said women, who are victims of domestic violence, must be paid decent monetary assistance for food, shelter, health and education at every stage of proceedings under Protection of Women from Domestic Violence Act, 2005. http://timesofindia.indiatimes.com/city/chennai/Pay-maintenance-to-domestic-violence-victims-Madras-HC-says/articleshow/46438296.cms The 120-page verdict is sure to light up lives of thousands of women fighting domestic violence cases against their spouses, as it provides for maintenance and compensation for almost every conceivable aspect of a married woman’s life, ranging from food and shelter to health and loss of income. Whatever verdict is supposed to lights up the lives of citizens, …[Continue Reading]
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
As per a recent Mumbai family court judgment, qualified wife has been denied maintenance. While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work. Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications. Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself. The full judgment text has been found, and it …[Continue Reading]
How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
This is a perennial question asked by men facing marital issues and one of these maintenance cases: CrPC 125 Sec 24 of Hindu Marriage Act (HMA 24) Maintenance asked in petition filed under DV Act (the maintenance proceedings run under CrPC 125) It seems no amount of replies as to how it will be calculated is enough. Maybe when the mind gets into an obsessive mode thinking about something, it asks the same thing again and again no matter how many answers anyone else can provide, be they laymen or experts it doesn’t matter much! So instead of attempting to …[Continue Reading]
Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
In this Delhi high court judgment to decide maintenance under Section 24 of Hindu Marriage Act, the judgment goes into assessing husband’s true versus based on income tax returns versus declared income. In the end, it refers to one-third of husband’s income as a reasonable figure for deciding on maintenance to be awarded. In other judgments, it is mentioned that there is no strict one-third formula which can be applied and it has to be on merits of each case. Full judgment text below: Sh. Sudhir Diwan vs Smt. Tripta Diwan And Anr. on 18 February, 2008 Equivalent citations: …[Continue Reading]
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