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 Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website.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]
Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
This judgment from Supreme Court in October 2016 changed PWDVA (Protection of Women from Domestic Violence Act), 2005 in a fundamental way. Until this SC judgment, the DV Act allowed for complaint to be filed only against an adult male of the household, and whether other females could also be included as respondents along with adult male(s) was interpreted differently in different judgments, because the basic definition of word respondent included only adult males under Section 2(q) of the act. Basically the DV Act was created on behest of feminist lobby by roping in the beta males and virtue signalling …[Continue Reading]
AAP’s Somnath Bharti faces DV complaint from wife – lessons for husbands
After catching snippets of news on social media, TV, online news about domestic violence case filed by wife on Somnath Bharti — once law minister in first AAP government in Delhi — I decided to delve into some of the patterns followed by wives, and also possibly some right ‘moves’ made by Mr Bharti so far. Let’s start with Firstpost’s rendition of the DV complaint as it unfolds: http://www.firstpost.com/india/allegations-of-domestic-violence-baseless-somnath-bharti-reacts-as-wife-files-complaint-with-dcw-2289290.html In more controversy for ruling Aam Aadmi Party, its MLA and former Delhi Law Minister Somnath Bharti was on Wednesday slapped with notices by Delhi Commission for Women after his wife …[Continue Reading]
Supreme Court denies Delhi woman a claim on in-laws’ property
The Delhi HC judgment of Jul 2014 that a woman has no right to in-laws’ self-acquired property under Domestic Violence Act (PWDVA) has got the stamp of approval of the Supreme court as per this recent news. Woman has no claim on in-laws’ property: SC In a recent order, a bench of Justices Madan B Lokur and Uday Umesh Lalit also put an end to years of fighting between the woman, her in-laws and her husband by granting the couple divorce. To safeguard the rights of the single mother and her two children, SC ordered the husband to provide alternate …[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]
Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
The linked judgment below of Karnataka High Court below says that if the order under PWDVA (Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case. This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that. The judgment is available only in scanned PDF format, so text cannot be extracted. Link to PDF below: Krishna Murthy …[Continue Reading]
No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
I think this is a very important judgment about grant of any kind of monetary relief including maintenance to wives under Protection of Women from Domestic Violence act. It says that unless the domestic violence alleged in the complaint is proven, no relief can be granted under Section 20 of the DV Act which grants monetary relief. So bye bye to those complaints where wife says “I was not given food”, “I was locked in the bathroom” and the standard template of DV allegations. Let them prove their allegations, or find a real job rather than filing cases on husbands …[Continue Reading]
Men ki Baat – Counselling, Discussion of personal cases on WhatsApp and Facebook
Update 9th Jan 2016: Many people are sending joining requests in Facebook group hoping to get some knowledge and shared expertise about divorce. MRI WhatsApp and Facebook groups are NOT meant for discussion on divorce, since that is not part of our men’s rights and social work. And most people have no clue about how to get divorce themselves that they can help someone else, not that they would want to anyway. Read this post on Dangers of filing divorce by husbands — and if you are still keen to do so, then only paid guidance is given at Man …[Continue Reading]
What should be my stand in court?
Hmmm… I find the question quite perplexing, when a man is facing a false 498a or DV (Domestic Violence) case or an unjustifiable demand for maintenance from wife: “what should be my stand in court?” How about: “I’m innocent! Let the law take its course.” Apparently for 80-95% of Indian husbands, that’s too much complication. They want to have a ‘stand’ which will achieve the following for them: If they are fearing IPC 498a, then anticipatory bail should be easy to get. (Note: after Jul 2014 SC judgment, it appears arrests have drastically come down so this concern should reduce) …[Continue Reading]
Innocent until proven guilty is the law, use it
There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too. A bigger principle possibly could be: knowledge of the law can be a very beneficial thing! Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have …[Continue Reading]
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