Domestic Violence or DV Act (Protection of Women from Domestic Violence Act), 2005 was passed by parliament in Aug 2005 and came into force on 26 Oct 2006. The act comes into force when it is notified in a gazette etc, not just when it is passed by parliament. This old SC judgment of S R Batra vs Taruna Batra case below about what constitutes rights of a wife to live in husband/in-laws house is from Dec 2006 which is just 2 months after DV act came into force. But this judgment is very important since even today there is lot of misunderstanding about rights of a woman on her husband/in-laws house/property. This is especially true of North India or Delhi/NCR region where asking for property/house/plot as a ‘settlement’ in marital dispute is a time-tested strategy being … [Read more...] about Shared household under DV Act clarified in 2006 SC judgment
SC Judgment
Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this circular to make the local police aware if they aren’t already (don’t assume they are). PDF copy is here, and the same 2 pages are given in the post below. Will this circular ensure that I don’t need to worry about arrest … [Read more...] about Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
Do physical labour to give maintenance to wife: SC judgment under CrPC 125
There was a bit of cheer in the husbands’ camp lately with SC judgment saying that arrest in IPC section 498a (and offences with less than 7 years punishment) should strictly be done following CrPC 41 and 41A guidelines. Well, as usually happens, such relief news is usually quickly followed by another judgment by higher courts which contain stern warnings and admonitions; lest the husbands become too happy and delirious and forget their role as protectors and providers to women and children! http://timesofindia.indiatimes.com/india/Delay-in-maintenance-to-wife-violates-human-rights-SC/articleshow/38513545.cms "It is the sacrosanct duty to render financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless … [Read more...] about Do physical labour to give maintenance to wife: SC judgment under CrPC 125
No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar
Supreme court has been giving judgments on misuse of IPC 498A for many number of years, and they had even asked the law ministry to consider amending it. Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498A but there is no guarantee that these rules are followed. The advisory/letter/circular issued by home ministry in government of India is given here. Update 16-Apr-2015: If anyone got arrested under IPC 498A (or other offences less than 7 years punishment) without CrPC 41/41A procedure, read this post on how to take action police or magistrate as applicable. Update on 14-Jul-2014: According to latest on the ground information, Punjab police has refused to arrest in a 498A case filed in Jun 2014 … [Read more...] about No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar
How to safeguard from and punish a false rape complainant
In last few months I have received calls of false rape cases, threats of such case etc for purpose of pressurizing a man into marriage, extortion and so on. There is a false rape/gang-rape news reported almost everyday in the media, a few of which I have already blogged about. I tend to cover those stories where the falsely accused either turned the tables on complainant (and gang), or got acquitted and court gave an order to file case on complainant/police etc. Such news are important so that it can be instructive to others on how to fight back in a false rape case. In this article I attempt to collect information on various false rape stories where the courts have given not just acquittal order but termed the whole case to be malicious, false, motivated etc; and so these can be … [Read more...] about How to safeguard from and punish a false rape complainant
All are respondents under PWDVA, enjoy!
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!