http://www.financialexpress.com/news/not-just-daughtersinlaw-maneka-gandhi-says-domestic-violence-act-must-protect-mothersinlaw-too/1272723 “Many cases have been brought to the notice of the minister where elderly women have been misbehaved with or even tortured by their sons and daughters-in-law for property or other reasons. Even when the case is genuine, no action can be taken against the daughters-in-law under the law. The minister feels that the law should protect all women, regardless of their relationship with the oppressor. We are exploring legal options and will move an amendment soon,” said a source close to Maneka. In India, abuse of mothers in laws by daughters in law may be wished away as utter nonsense by those brought up on diet of Ekta Kapoor’s TV serials, but the … [Read more...] about Proposal to amend Domestic Violence (DV) Act to protect mothers in law
Law Misuse
Advice to women on IPC 498a, DV case, maintenance, divorce etc.
This blog gets a reasonable number of hits everyday. The main goal of the blog is clearly mentioned, both in its name, and in description. However it is quite likely that some of the visitors are women who have wandered over here and have filed a complaint against husband/in-laws/relatives/children/pet dog, or intend to do so. This post is specifically meant for them. Firstly, IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. Act 1, Scene 1 of marriage: Control your husband completely Q: I want him to stay away from his parents and take a separate house, but he will not listen. A: Maybe you do not realize that … [Read more...] about Advice to women on IPC 498a, DV case, maintenance, divorce etc.
Supreme Court upholds decision of HC for daughter in law to pay rent to mother in law
The judgment of Mumbai HC which asked daughter in law to honour the rental agreement and pay Rs 5,000 payment to mother in law. --------------------------------------------------------------------------------------- IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8283 OF 2008 Sanchita Amitabh Dasgupta .. Petitioner. Vs. Amitabh Prashant Dasgupta & Anr. .. Respondents. Mr.Nikhil Karnavat i/b Mr.Ajit Kulkarni for the petitioner. Mr.Anil Dhavale i/b A.Apte for the respondents. Coram: D.B. BHOSALE, J. Dated : 17TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. Counsel for the petitioner submits that the petitioner and her husband were inducted in the flat by respondent no.2 – … [Read more...] about Supreme Court upholds decision of HC for daughter in law to pay rent to mother in law
Married sister gets relief under domestic violence act
Good for this lady, but unless citizens rise up together against injustice in the name of women protection laws, they will be wasting their energy and time in fighting lone battles… Married sister can’t be booked under DV Act New Delhi, May 10, 2010 Married sisters of a man, living separately from the joint family, cannot be prosecuted under the Domestic Violence (DV) Act on a complaint of his wife, a Delhi court has held. Additional Sessions Judge Kamini Lau expressed concern over “misuse” of special laws by making women parties in the petitions just because they happened to be sisters of the man. “Married sisters residing in their own matrimonial houses are not a part of the shared household or joint family, as contemplated under the Domestic Violence Act,” the court said. It, … [Read more...] about Married sister gets relief under domestic violence act
People get what they deserve
This news in Hindi says that a family was saved from breakup because though the wife and in-laws wanted to file false complaint of torture under 498a against husband and in-laws; an accidental voice recording showed that it was a con-game and so it boomeranged on wife and in-laws. So far so good! But the hilarious part is that the husband’s family still are willing to live with their lovely daughter in law! That’s why I love the saying: “God helps them who help themselves”… दहेज़ निवारण अधिनियम की भेंट चढ़ने से बच गया एक परिवार: वाराणसी, १३ अप्रैल २०१०इसे चमत्कार कह लीजिये या फिर कुछ और, मगर आज सोमवार को नगर का एक परिवार दहेज़ उत्पीडन अधिनियम की भेंट चढ़ने से बच गया. हुआ यूँ कि चित्रकूट के एक परिवार की लड़की नेहा की शादी लगभग दो साल पहले मंदुवादीह थाना अंतर्गत शिवदासपुर निवासी संजय से … [Read more...] about People get what they deserve
Special Leave Petition can be rejected if based on false statements
Following SC judgment says that appeal to supreme court known as special leave petition (SLP) under Article 136 of the Indian constitution can be rejected if the statements made by appellant are found to be false. Also article 136 does not grant a right to any party to appeal. Article 136 of constitution is given below: 136. (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law … [Read more...] about Special Leave Petition can be rejected if based on false statements