Here are a few citations that will allow you to win DV Act cases.
Before you get into that, read the FAQ compiled by the mother of the flawed DV Act, Indira Jaising and her crooked cohorts of the Lawyers Collective:
Lawyer’s Collective FAQ On PWDVA – 2007
The DV Act is touted as a civil law and a “second chance” by the likes of Indira Jaising. But the fine print says that the proceedings are to be conducted as in criminal cases.
In effect, like all the other things touted by these Feminazis, this is a pernicious law designed to bypass the higher requirements of proof needed for criminal cases like 498A. It is designed to be a wolf in a sheep’s clothing. If you don’t adhere to the orders of a magistrate who is required to pass protection orders for immediate relief, this civil case turns into a criminal case for contempt and then you are really screwed. What makes this law so pernicious is that unlike 498A, which hinges on the sheer terror unleashed by corrupt Indian Police officers to cow the victims, this case can deprive you of the sanctuary offered by your home and can have the entire family tossed out on the street.
I will compile all the judgment related to the DV act here. If anyone has new judgments, please leave a comment or paste the judgment below in the comments section.
Please start by reading this judgment of Justice Dhingra given below. He interprets Batra Vs Batra and also explains the meaning and rights of shared household and matrimonial home:
Justice Dhingra Explains The Meaning Of Shared Household
If you face the false and fabricated Domestic Violence act, you must know the following:
Crl.P 3714 of 2007 delivered by the Hon’ble High Court of Andhra Pradesh where in it was held
“It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. There is no allegation either in the report or in the statement or in the complaint on the 1st Respondent with regards to the acts of domestic violence that took place on or after 26-10-2006.Therefore continuation of proceedings against the petitioners is nothing but abuse of process of court”.
I finally got my hands on this judgment thanks to Aejaz_legal, a reader who posted this judgment:
To understand this principle, read this article:
-
Delhi Court: DV Act Has No Retrospective Effect – Ashma Vs Afsar – CC No.311/8- Oct 2008
- Justice Dhingra Explains The Meaning Of Shared Household Defined In The DV Act
- In ( 2008 ) DMC 1, delivered by the Hon’ble Madhya Pradesh High Court held that Complaint for this offence can only be filed against adult male person and further held in 3( C ) that as provided by sec 2(q)of the act, such application u/s 12 of the act can’t be filed against petitioner’s who are ladies .
Here is the judgment:
http://ipc498a.files.wordpress.com/2007/10/mp-hc-women-cant-be-respondents-in-dv-act-2007.pdf
Here is another judgment from the Chennai HC stating the same:
http://ipc498a.files.wordpress.com/2008/10/chennai-hc-dv-act-to-be-filed-only-against-male.pdf
Here is the Kapil Rastogi Judgment – Jan/2009, stating the same:
Kapil Rastogi Vs Urvashi: DV Case - 2009
- 2007(2) ALT (Crl.) 504(A.P) delivered by the Hon’ble High Court of Andhra Pradesh where in it was held “as there is no claim made against the other respondents, continuing process against them is a clear abuse of law”. I am missing the judgment:
- I (2007) DMC 1 (SC) = 2007(3) ALT (Crl.) 1(SC) delivered by the Hon’ble Supreme Court of India where in it was held”claim for alternative accommodation can only be made against the husband but not to the In-laws”.
Here is the judgment: SC judgment, Batra Vs Batra, 2007.
- Shaleen Kabra DV Act Judgment: You can read about this story here: A Delhi additional sessions court has ruled that allegations of domestic violence need to be proved and victims need to face cross-examination and provide evidence in support of their charges to be liable for relief. This ruling was upheld by the Delhi High Court. This is marked in red as this blows a hole in the DV Act. The judgments are given below:
PMO Official Accused Of Domestic Violence By Wife
- Suraj Prakash Vs Sushila. Can anyone translate this and post this as a comment? You’ll be doing the rest of the victims of this filthy act a huge favor.
Here is the judgment (Hindi): Suraj Prakash Vs Sushil DV Act – 2007
- Swarup Sarkars’ DV Act judgment: Here is some background information from the TOI which sheds some light on the Swarup Sarkar story: Man complains, wife summoned over abortion
Here is the very interesting judgment: Swarup Sarkar DV Act Judgment 2007
- Sonia Vs Vinod: “A CITY court has dismissed a petition of a woman against her family members on finding she was harassing them, misusing the Domestic Violence Act in the process. Dismissing the complaint, Metropolitan Magistrate Shahabuddin said, “I am prima facie of the considered opinion that the complainant is not cooperating with her in-laws. She prima facie appears to be harassing them on trivial matters”. Complainant Sonia had approached the court in August, alleging her husband Vinod and his mother and sisters used to physically harass her for bringing insufficient dowry The court, however, declined to allow her complaint, asking a number of relief s, including right to residence. “The woman failed to satisfy this court that her husband or any of his other family members had really committed any domestic violence against her”.
Here is the judgment: Sonia Vs Vinod: Domestic Violence Case
Also, check out Vinayaks blog, link is given below. He has some tips to fight the DV Act:
General Suggestions for victims of DV act
________________________________________
Respected,
I need this judgment desperately, I tried a lot but in vain. I shall be grateful to you if you kindly provide this (Crl.P 3714 of 2007) Order/Judgement of Andhra Pradesh High Court as early as possible.
Sir,
We were separated june 2006 dvc case was filed on October 2010 is it retrospective effect or not as confirmed by TRAIL court judge it was effected.
Kindly provide me good citations urgently
Thanks
Raju
there is possibility to dismiss the case on the point of limitation
Also see: http://bok498a.blogspot.com/2008/08/retrospective-clause-in-dv-strategy.html
dear sir just i wanted to know
domestic violence can be done on husband who is living seperate from his wife befor act came in existance.
couple seperated in feb 2006
case was filed in november 2006
is there any
dear sir just i wanted to know
domestic violence can be done on husband who is living seperate from his wife befor act came in existance.
couple seperated in feb 2006
case was filed in november 2006
is there any judgement on it then please provide me link
thank you
sir
Dear Sir,
My divorce case is on since 2006 alongwith 498A in family court and criminal court respectively . the divorce case is on the verge of over but in 498A the place of incident is different hence the fight is on the issue of jurisdiction.
Now my wife is working as teacher but to avail the interim etc. she has submitted a false affidavit on oath at family court, that she is not working. court enquired and school gave a certificate with salary detail.
i have filed a case u/s 340 against her but the processing is very slow , pls advise that can we appeal to higher court as she has recently filed 406 & 323, 504, 506,
i strongly feel for reciprocation as they are not stopping
Thanks & Regards
the more time it takes, the more u r frustrating them….so chill
The more it takes time, the more u tire them, the more they will get frustrated
chill…
Thanks for the updation… My case under Domestic Violence Act is at the arguments stage…I want the case laws urgently… Pls help me…
1) Crl.P 3714 of 2007 delivered by the Hon’ble High Court of Andhra Pradesh
2.SLP(C) No.25219 of 2004 delivered by the Honorble Supreme Court of India where in it was held Penal Statutes (Acts) which create new offences are always Prospective.\
3. PANAJI: If domestic violence has occurred before the Domestic Violence Act was notified, then any such incident cannot come under purview of the Act. Judicial magistrate First Class, Mapusa made this observation while hearing a case filed by one Sangeeta Sharma, who asked for permanent custody of her child and sought maintenance under the Protection of Women from Domestic Violence Act, 2005, which came into effect on October 26, 2006.
Where can I get above judgement copy of PANJI court. My wife has launched a case under DV after 7 yeras . Incidents are noted before existance of this Act.
Any victims of Khammam District in Andhra Pradesh of India can contact me for advise and help.
RAMESH KUMAR MAKKAD, # 15-1-10, Main bazaar, Ramavaram, Kothagudem, Khammam District, Andhra Pradesh, India. PIN 507118. 9848397489
citations are good for giving only the hints of the case but it is not accepted by the court, court demands only the facts and circumstances, so, kindly loaded the full judgement of andhra pradesh high court for case no. crl.p 3714/2007, at an early date so that i may prove of my innocence in the court as my case is being proceeding in the court of 1st class magistrate.
with regards,
nanda singh
kindly loaded the judgement copy of case no. crl.p 3714/2007 delivered by andhra pradesh highcourt.
kindly load the judgement copy of case no. crl.p 3714/2007 delivered by andhra pradesh highcourt stating that DV act is not applicable with retrospective effect.
Mohit
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
AT : HYDERABAD
( THURSDAY 2nd DAY OF AUGUST, 2007 )
PRESENT
THE HON’BLE SRI JUSTICE K.C. BHANU
CRL. P. NO : 3714 of 2007
BETWEEN :
1. U.U. Thimmanna, Slo U. U. Ayyanna
2. U.U. Sankaramma, W/o U. U. Thimmanna
3. U.U. Sreenivasulu, Slo U. U. Thimmanna
4. U.U. Paramesh, Slo U. U. Thimmanna
5. U.U.Ramesh, Slo U. U. Thimmanna ….. PETITIONERS
AND
1. Smt. U.U. Sandhya, Dlo U.M. Venkateswarlu
2. The State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of A.P., at Hyderabad. ….. RESPONDENTS
Petition under Section 482 of the Cr1.P.C praying that in the circumstances stated in the quash proceedings filed therewith, the High Court will be pleased to quash the proceedings in D.V.C.No. 1 of 2007 on the file of the Judicial Magistrate of First Class, Yemmiganur, Kurnool District. The Petition coming on for hearing, upon perusing the Petition and the quash proceedings filed in support thereof and upon
hearing the arguments of Sri. C.PRAVEEN KUMAR, Advocate for the Petitioner and of Smt. P. Rajeswari, Advocate for the Respondent No.1 and of the Public Prosecutor, on behalf of State.
The Court made the following : ORDER
THE HONt BLE SRI JUSTICE ‘ K . C . BEANU
CRIMINAL PETITION N0.3714 OF 2007.
ORDER
This Criminal Petition is filed by the petitioners under Section 482 Cr.P.C. to quash the
proceedings in DVC No.1 of 2007 on the file of the Judicial Magistrate of I Class, Yemrniganur, Kurnool District.
Heard both the counsels.
Admittedly, husband of the complainant died on 14-06-2004 and since then the de facto complainant is not residing with the petitioners. The shared household is defined under Section 2 (s) of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’), which reads as follows:
“ shared household’ means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent or owned or tenanted by either of them in respect of which
either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household. ”
Domestic relationship is defined under Section 2 ( E ) of the Act, which reads as follows:
” ‘domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared , household, when they are related by
consanguinity, marriage, or through a relationship in the nature of marriage, adoption
or are family members living together a3 a joint family.”
On the face of the allegations in the complaint, the de facto complainant is not residing with the petitioners. She is ‘ residing in House No.2361, Near M.G. Petrol, Yemmiganur, whereas petitioners 1 and 2 have been residing in House No. 3/31, Uppara street,
Yemmiganur, 3 rd petitioner is residing in Mahaboobnagar, 4th petitioner is residing at H.No.S/2267,Laxmipeta, Yemmiganur and 5th petitioner is residing at: H. N o: 3/31, tippata Street, Yemmiganur.
Admittedly, the de facto complainant filed a suit in O.S. No.111 of 2005, which is pending, She also filed a case in C.C.No.94 of 2005 under Section 498-A IPC,
which is pending trial before the Judl. Magistrate of 1st Class, Yemmiganur. The domestic incident report does not disclose any of the acts of violence that were
call reported by the cornplainant after 26-10-2006. There is no dispute that the Act came into effect when the Central Government appoints 26-10-2006 as the date on
which the Act was came into force. For acts of violence, certain penal provisions are incorporated.
Therefore, “It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. There is no allegation either in the report or in the statement or in the complaint on the 1st Respondent with regards to the acts of domestic violence that took place on or after 26-10-2006.Therefore continuation of proceedings against the petitioners is nothing but abuse of process of court”.
Accordingly, the Criminal Petition is allowed quashing the proceedings in DVC No.1 of 2007 on the file of the Judicial Magistrate of I Class, Yemrniganur, Kurnool District.
Sd/-N.MURALIDHAR RAO
ASSISTANT REGISTRAR
I/ TRUE COPY N
SECTION OFFICER
Your website is rendering a yeoman service to the
aggirved husbands who have become victims of the draconian law of Domestic Violance against women unheard of anywhere in the world because the kind of violance visulaised can occur for both the wives and the husbands. Which is why the Mother of Parliaments in the the United Kingdom enaced a law regarding BRITISH MATRIMONIAL HOMES ACT 1967; there should have been such law in India
The DV Act is a one-sided law and is an act of hostile disrimination against half of the married couples in the country. But the self-styled pro-women pressure and interest groups are regarding the DV Act as “revolutionary” for reasons best known to them
The DV Act is a negation of democracy because it is not always the husbands who victimise their wives; even wives can indulge into violance against husbands. The DV Act has become a legislation which permits commercial exploitation by unscrupoulus wives of their husbands and in-laws with no interest in happy matrimony and raising of children within the the confines of family life
No wonder 90% of the cases filed by the wives against their husbands are being thrown out by the Courts. I solute to the judicial system which is still holding the high ideals of India and its Constitution guaranteeing the fundamental rights of equality before law and dignified life and liberty to the citizens, irrepective of case, creed ans gender.
Hello Brother,
You missed an important judgment of Delhi High Court which upheld the decisions of both the court of MM and ASJ.
The women in this case had put serious allegations against her husband’s character and on the basisi of which she was successful in securing civil releifs under DV Act. But she was not coming for her cross examination. MM ruled that after securing immediate civil releifs unde the DV act, woman has to prove the alleged domestic violence. But her averment was that for securing a relief, sole testimony of the woman is sufficient.
Judge clarified that testimony means cross-examination (no need of proffs and witnesses although). The word in the DV act is ‘Testimony’ and should not be confused with the ‘statement’.
She appeald to the court of ASJ and then to Delhi High Court. Both the courts dismissed her respective appeals and upheld the decision of the court of MM.
I am pasting here the judgment of ASJ first (i have it in PDF form) and then judgment of the Delhi High Court both.
—————————————————————-
-: 1 :-
IN THE COURT OF SHRI V.K. BANSAL
ADDL. SESSIONS JUDGE
NEW DELHI
IN RE: Criminal Revision No. 196/07
Shivani Kabra
w/o Sh Shaleen Kabra
r/o A-142. 3rd Floor
Lajpat Nagar-I,
New Delhi ………. Revisionist
VERSUS
1. Shaleen Kabra (Husband)
S/o Sh Ram Prasad
2. Ram Prasad (Father-in-law)
3. Smt Leelawati (Mother-in-law)
W/o Sh Ram Prasad
All r/o D-II/64 Pandara Road,
New Delhi.
4. Lata Soni (sister-in-law)
s/o Sh Gopi Wallabh Soni
R/o Erera Colony, Bhopal
(M.P)
5. The State (NCT of Delhi) ………… Respondents.
…………………O R D E R
The present revision petition has been preferred
against the order dated 09.10.2007 whereby the court has
directed both the parties including the revisionist herein to file
affidavit in evidence and put the case for cross examination for
13.11.2007.
2. Notice of the revision was given to the respondents.
Trial court record was requisitioned.
3. The facts in brief are that the revisionist herein filed
an application under the Protection of Woman From Domestic
Violence Act, 2005. On that application notice to respondent
was given. Interim order was passed on 08.06.2007 and
thereafter the present order to lead evidence and come for
cross examination was passed.
4. Ld counsel for the revisionist submitted that in the
present case there is no procedure prescribed under the Act
that the ld Trial court shall record the evidence and also
conduct the cross examination. Ld counsel submitted that the
Act was enacted to provide a remedy in Civil Law for Protection
of Woman victim of Domestic Violence and to prevent the
occurrence of Domestic Violence in the Society. The Law also
provides that the application is to be decided within he period
of 60 days from the date of first hearing. Ld counsel submitted
that in case the matter is fixed for evidence then it cannot be
decided within the mandatory period of 60 days. Even
otherwise, in the present case the respondent in reply to the
application of the revisionist has not denied the infliction of
injuries on the body of the revisionist and he has categorically
refused the entry of the revisionist in the house. As the
respondents is not disputing the infliction of injuries,
therefore, there is no need to ask for the parties to lead
evidence and also come forward for cross examination. Ld
counsel submitted that the Ld Trial court has erred in Law as
well as the facts of the case for asking the parties to lead
evidence and to come for cross examination. The order is not
sustainable as now the only relief which remains to be
adjudicated is the relief of maintenance, custody of Istri Dhan
and other house hold goods. In that respect affidavits of both
the parties are already on record and the matter may be
adjudicated on the basis of the same. There is no need to lead
evidence on these points. It is prayed that keeping in view all
these facts the order be set aside and the ld Trial court be
directed to decide the matter on the basis of the affidavits
already available on the file.
5. Ld counsel for the respondents submitted that for
reaching to just conclusion in the case it is necessary that the
court shall take evidence. In the present case the revisionist
has filed her own affidavit. Respondent has also filed his own
affidavit. To ascertain the veracity of the assertain made in the
affidavits and the truthfulness of the parties it is necessary
that they be put to the test of cross examination and the Ld
Trial court has rightly taken the decision and asked the
parties to lead evidence and come for cross examination. It is
prayed that there is no illegality in the order and the revision
be dismissed.
6. After hearing the arguments and going through the
record, I am of the opinion that it is the duty and
responsibility of every court to adjudicate the matter after
taking evidence and according fare opportunity to both the
parties to plead their own case. In the present case the
revisionist moved an application under Protection of Woman
from Domestic Violence Act, 2005 leveling allegations against
the respondent. Respondent had taken his own plea in this
regard and the interim order had already been passed on the
basis of pleadings. Now to come to the just conclusion about
the allegations and counter allegations it is necessary that the
parties be given opportunity to lead their evidence and also to
come in the witness box and face the cross examination. In my
opinion, the ld Trial court by asking the parties to appear for
cross examination had only taken a step for bringing on record
the truth and to reach to the just conclusion, therefore, I do
not find any merit in the revision, same is dismissed. Trial
court record along with the copy of this order be sent back.
File of revision petition be consigned to record room.
Announced in open court ( V.K. BANSAL )
Dated: 07.12.2007 ADDL. SESSIONS JUDGE
NEW DELHI
—————————————————————-
SHIVANI KABRA
Vs.
STATE & ORS
Advocate (s) : PRAMOD GUPTA,
Date of Disposal : Wednesday, January 30, 2008
Category : CRIMINAL REVISIONS AND BAIL APPLICATIONS
IN THE HIGH COURT OF DELHI AT NEW DELHI
30.01.2008
Present: Mr.Pramod Gupta, Advocate for the Petitioner.
Crl.M.C.323/2008 and Crl. M.A.1186/2008
The petitioner/wife was married to respondent no.2/husband in accordance with Hindu rites on 14.02.1994. It is the allegation of the petitioner that the parents of respondent no.2/husband were demanding dowry from the beginning and the same was given by the parents of the petitioner/wife. There are allegations of cruelty made against the respondent no.2/husband and his family members being respondent nos. 3 to 5.
The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘the said Act’ for short) on 24.04.2007 claiming relief under different provisions of the said Act including Sections 18, 19, 20, 21 and 22 of the said Act.
The learned MM passed an order on 08.06.2007 as regards the relief
claimed by the petitioner under Sections 17 and 19 of the said Act in respect of the residence and shared household and directed the respondent no.2/husband to pay to the petitioner/wife a sum of Rs. 10,000/- per month towards expenses for her accommodation and amenities. The relief claimed in respect of the custody of the children was settled by the learned Addl.Sessions Judge during the course of hearing of the revision petition.
The grievance of the petitioner/wife is in respect of the remaining
pending issues, the learned MM passed an order dated 09.10.2007 directing the parties to file their affidavits by way of evidence and posted the matter for cross examination of the petitioner /complainant (wife) on 13.11.2007. Hence, the present petition.
A perusal of the Order dated 09.10.2007 of the learned MM shows that the respondent no.2/husband sought an opportunity to cross examine the petitioner/complainant(wife) and the learned MM was of the view that under the provisions Section 28 of the said Act, the Court has to follow the procedure laid down in the Code of Criminal Procedure, 1973 (‘the said Code’ for short) and further the Court can lay down its own procedure for disposal of the application.
Considering the allegation levelled by the petitioner/complainant (wife), the learned MM was of the view that the respondents, respondent nos.2 to 5 herein, should be given an opportunity to cross examine the petitioner/complainant (wife) and they should further be entitled to lead evidence.
The contentions advanced by learned counsel for the petitioner/wife
against the said Order have been examined by the learned Addl. Sessions Judge in the impugned order dated 07.12.2007. In fact, the same submissions have been made today.
It is the plea of the learned counsel for the petitioner that there is no procedure prescribed under the said Act for recording of evidence and to conduct cross examination. The further plea advanced by the learned counsel for the petitioner, which was also raised before the Trial Courts, is that the only reliefs which remain to be adjudicated are in respect of maintenance, stridhan and other household goods for which affidavits have been filed by the parties.
This plea was contested by the counsel for the respondent nos.2 to 5, being the husband of the petitioner and her in-laws, before the learned Addl.Sessions Judge on the ground that it was the case of an affidavit filed by one party against the affidavit of the other party and thus to ascertain the veracity of the averments made in the affidavits, the same should go through the test of cross examination. The learned Addl.Sessions Judge held that it is the duty of the court to make an endeavour to get to the truth of the matter and in view of the allegations and counter allegations it was necessary that the parties be given an opportunity to lead their evidence and also to enter the witness box and face the cross examination.
?28.Procedure
(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.?
A reading of the aforesaid clause shows that the proceedings are to be governed by the Code of Criminal Procedure, 1973, but this would not prevent the Court from laying down its own procedure for disposal of an application under Section 12 of the said Act. Thus, wide amplitude has been given to the Court taking into consideration the nature of the legislation, which is to protect the women.
The statement of objects and reasons of the said Act shows that domestic violence is undoubtedly a human right issue and serious deterrent to development and thus to protect the rights under Articles 14, 15 and 21 of the Constitution of India, the law has been enacted. It certainly cannot be the plea of the learned counsel for the petitioner that the Court does not have the right to get
to the bottom of the matter if the Trial Court, in its wisdom, in the given facts of the case where there are two affidavits of the opposite parties, finds that the cross examination of the deponents would assist the Court in coming to the right conclusion. Such a course of action can hardly be faulted. Not only has the Trial Court exercised this power, but the revision against the same has also been dismissed and this is the third round initiated by the petitioner.
It is not a case of the Trial Court holding a detailed trial, as alleged by the petitioner/wife, but trying to find the veracity of the averments made in the affidavits of the two parties.
I am thus of the considered view that there is no ground for this Court to exercise its inherent jurisdiction under Section 482 of the said Code.
Dismissed.
JANUARY 30, 2008 SANJAY KISHAN KAUL, J.
if penal offences can’t have any retrospective effect than why many people are made to suffer on reservation issue on basis of historic reasons of allegations of social inequality.
what fault a person born makes if he is born in unreserved family.. why a selective discremination…
we need to be practical and think of the country and society before self…
Jai Hind
More Judgments can be found here
http://mynation.net/docs/
Two worng can’t amek a right think. Reservations does not take away the hard earned money or send any tom/dick or harry behind the bar without any investigations.
We want a better Society for our Future Generation!
Gender Biased LAW should immediately to be made crime based instead of any assumption that all women never lie and all the men born as Criminal. “MEN/WOMEN” word to be replaced by word “PER SON” and word wife/husband to be replaced with the word “SPOUSE”
Well Said
hey swarup….what do u want to tell? do u think that all 498as are false?? my mother has suffered a lot in hands of my father who is a dog and like a dog sleeps with as many woman as he can….she filed a 498a case….when the case was on witnessing stage, i contacted my father and convinced him for compromise…he agreed..my mom had to tell the court a lie that she had mistakenly filed the case just for the sake of compromise …but the day my father got discharged, he threw me and my mother out of his house…
now tell me if u go through the whole story what will u tell? but if u go by thefinal order of the court, my mother is a liar and has mistakenly filed 498a…
498a is not always false, but is sometimes intentionally falsified for the sake of conjugal relationship.
Hey Avik,
I will respond to your query that you put to Swarupda.
Out the outset I can empathise with you and your mother’s situation. But remember becuase so many(98%)as per NCRB data are false cases the real ones get ditched.
Now you tell us if your mom filed a 498a and other sections against your father in all probability we would have had to go to jail atleast once if he had not been lucky enough to get a stay on arrest or if he had not got an AB.
If you had this bright idea about compromise why did you not try this before your mother walked into the police station.
Now legally speaking what the courts have done is correct. Any person giving such false statements in a court of law under oath has to be thrashed away which is what was done in your moms case. Be happy that your father let her off the hook. Had it been Swarupda I bet you would have seen her at the wrong end of a CRPC 340 rw other sections and she would have then had a tough time. If it was a compromise actually both your parents should have signed up a compromise deed and then u/s 482 of CRPC should have got it quashed. This is what happens when you got instigated with what lawyers say and have limited or half baked knowledge. Also the section 498a of CRPC was not meant to be invoked if your father was sleeping with others. Your mom could or should have filed for divorce under 13A of HMA for audeltery or even better is 13B of HMA if your Dad agreed to it.
You have also not mentioned what was the compromise terms only then we will know the true story.
“but is sometimes intentionally falsified for the sake of conjugal relationship.”- laws are not meant to be gaining personal gains. It is not like you are in a shopping mall. Get your thinking straight and you will not have a problem again.
Btw…your father was right in not staying with her any more. Any sane person knowing his laws in India would have done that after they get affected by 498a or DV or the likewise.
Move on in life and have better things to do dude…get a life!
Cheers….cya
P.S:It is not my intension to hurt you but this is a purely legal stance that I have voiced out
Dear tortured,
now let me give your replies……part by part-
“”Now you tell us if your mom filed a 498a and other sections against your father in all probability we would have had to go to jail atleast once if he had not been lucky enough to get a stay on arrest or if he had not got an AB.”
if you guys torture your wives, treat them like slaves, beat them for not bringing dowry….u SHOULD go to jail……My father tortured my mother, treated her like a slave and is an alcoholic and adulterer…..Shouldnt he face 498A??
“If you had this bright idea about compromise why did you not try this before your mother walked into the police station.”
At that time I was 5 years old…..not big enough to know about these laws….When I grew up to be 16 years old, I talked about compromise…What wrong did I do Mr. tortured??
“”Btw…your father was right in not staying with her any more. Any sane person knowing his laws in India would have done that after they get affected by 498a or DV or the likewise.”"
Why did he threw me out of his house?? I didnt file 498A?? Do u have any answer? You people beat ur wives, treat them with indignity, play with them and call yourself saints??
“”Now legally speaking what the courts have done is correct. Any person giving such false statements in a court of law under oath has to be thrashed away which is what was done in your moms case. Be happy that your father let her off the hook. Had it been Swarupda I bet you would have seen her at the wrong end of a CRPC 340 rw other sections and she would have then had a tough time.”"
You guys always speak legally….never speak rationally…u guys need lawyers even in your bedrooms….Now legally speaking, any person giving false statements has to face problems….But see Mr. tortured, my mom gave false statements to save my father…not to put him in danger….Had it been swarupda, he would have shown his true colors by putting his wife in trouble even after being saved by her…..had it been u…..u would have done the same, perhaps…but my mom did it to save my father so that she could live in a conjugal life with him….This is exactly why people like u- oversmart, cunning and highly clever….face 498A/DV……
Is there any case law on whether DV ACt applies to people living outside India
Dear Manish,
Look for Appeal (civil) 3164 of 2006 at http://judis.nic.in/supremecourt/chejudis.asp (Arising out of SLP (C) No. 25219 of 2004)
The other judgment i.e. Crl.P 3714 of 2007 has already been posted.
Hope this helps.
i and my wife permanent residents, now she is accusing me of cheat and threatens me of divorce. Now if this happens, what will be the resultant effect on both of us. please advice me at this point in time.Thanks alot!
sir, got married on 3rd dec 2007. wife is daughter of si police.left matrimonial home on 18th of may 2008 along with parents.on 21st of september 2007 an fir was lodged thru ssp u/s 147,498a,323,324,504,506 and 3/4 dp act.we got arresting stay till filling 173(3).now case diary has been filed exonerating all of us. in the mean while lodged 406 and dv act seperately.
now i hv recd summons for 406 and DV act.pl advice what to do next
Sir,
Jaihind !
I am a retired Air Force Personnal facing constant threats of false dowary case from my wife and her parents.I am subjeted to both physical and psycological violance for the last 12 years.Iam the only son to lookafter my ailing parents. Moreover, km father is a patient of bone-cancer. now my in-laws and wife are compelling to leave my parents on their own which is not possible for me.
Please guide me how can i save my two childerns and my parents from such a situation.
Anticipating a quick reply.
Thanking you.
Dear Ravi,
Please call any volunteer on http://www.savefamily.org -> Contact Us Page. They will definetly help you.
Neeraj
My wife has claimed Stridhan in 498 A and was recovered whatevr I had.
She again filed DV Act and demanding more articles producing fake bills.
Please advise if she can do that
Regards
A wife CAN file a DVA case if her articles and ornaments are retained in the house of the husband. But if she had “never demanded for their return to her custody” or “If the husband did not refuse to return them” then her case is gone.
Leaving things at her husband’s place and going away is different from the husband retaining them with him.
Dear Mr Ravi KIran, Pl read all judgements of Justice Dhingra on this site In one judgement he has ordered to register a criminal case against girl & her family under Dowry Prohibision Act
on which web site i’l get the judgments of Justice Dhingra
I am defending a Domestic Violence Case filed by the wife against her husband in Goa in respect of alleged offences committed in Dubai. Kindly provide citations/Case law ousting jurisdiction.
Adv. Ehrlich
Dear Mr Sausa, Pl referWP9crl) No. 415/08,date of decision 04.01.2008 By justice Dhingra and is available on this site
pl look at shaleen kabra’s HC order for forcing a crossexamination
my step mother filed suit against me
Hi….need urgent help!!!!!!!!!!?
hi
i am 26 and was married to my husband who is in the US on the 10th of may this year in india according to hindu marriage act. ever since my honeymoon i have been subjected to mental trauma and was shocked to find out that my husband lies like he breathes he doesnot have any remorse or conseince and he gets rage attacks. I secretely got his behaviour evaluated by a famous psychiatrist here based on a few recordings i had of our conversations and other prrofs and i have been told that my husband is an psychopath.
after i suffered a total mental break down followed by serious panick attack stretch due to his torments i asked to visit my brother for the first time after my marriage. (my brother stays in new york) my husband alleged that i am having an incestual relationship withmy brother and had a rage attack where he almost throttled me. that is when i knew i had a lost case in my hand and got tremendously scared about my safety.
I came to my brother’s place and i am here since jully 16th. since then he has resorted to threats… cumpulsive stalking and abusive mails and messeges not only to me but my brother and my family and my extended family too!!!
He has removed all my jeweleries and all my stuffs and refuses to return them.
I just want to end this relationship ASAP in a way that he gets hurt and does not do this to any other girl.
I want to know what are my options and how to go about it?
i had to get a restraining order against him and i have a D.I.R. at NYPD against him.
he is on L1 visa applying for a green card.
PLZZZZ HELP!!!!!
Additional Details
PS we cant fight this case in the US court of law as we have not been a resident here for more than 6 months. i wanted legal advise as to go the civil or the criminal way…. i will be fighting the case in india
09810689396
dear pari, pl keep all emails inapen drive for taking primt-out. pl file adivorce suit in india where the marriage took place or wait for the period u complete the stay. keep all the recordings doctors’s diagnoses in at asafe place lodge police complaint in Usa giving all the emails as proof of cruelity, read the hindu marriage act on the web and act accordingly
Is there any judgement of Supreme Court on Sec 2(q) of Domestic Violence Act in which it was held that males can not be respondent as held by M.P. Highcourt-CA.K.C.Moondra
Dear all Pl go through the news item pasted below for obtaining information from Income Tax Deptt in dowry case where parents of the girl demand hefty compensation by saying thatthe had spent huge amount on I-T info covered under RTI Act .This is from the tribune chandigarh.
Girja Shankar Kaura
Tribune News Service
New Delhi, January 12
In a ruling which is bound to have large ramifications on tax-payers, the Central Information Commission (CIC) has ruled that information on income tax is not invasion of privacy and was valid under the Right to Information (RTI) Act.
The ruling was made by Information Commissioner Sailesh Gandhi on an application filed by a resident of Delhi, Rakesh Kumar Gupta, seeking all records available with the I-T Department, including assessment records of all levels with regard to Escorts Limited. The applicant had also sought information related to then Escorts chief Naresh Trehan.
Gandhi ruled: “The concept of privacy is a cultural notion related to social norms, and different societies would look at these differently. Therefore, referring to laws of other countries to define privacy cannot be considered a valid exercise to constrain the citizen’s fundamental Right to Information in India”. However, he ruled that as per Section 8 (1) (b) of the Act, there shall be no obligation to give any citizen, information that has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
In a move that would also possibly curb tax evasion, he said disclosure of information would not lead to unwarranted invasion of the privacy of the individual.
Gandhi observed, “Parliament has not codified the right to privacy so far, hence, in balancing, the Right to Information of Citizens and the individual’s Right to Privacy, the Citizen’s Right to Information would be given greater weightage”.
He agreed that the state had no right to invade the privacy of an individual, but pointed out that that there were some extraordinary situations where the state may be allowed to invade the privacy of a citizen.
On arguments that revealing the information related to Naresh Trehan was personal, the CIC said: “Various public authorities in performing their functions routinely ask for personal information from citizens and this is clearly a public activity. When a person applies for a job, or gives information about himself as an employee, or asks for a permission, licence or authorisation, all these are public activities. Also, when a citizen provides information in discharge of a statutory obligation, this too is a public activity.
dowry.”
I would like to know 2 points about DV cases:
1. Usually how long case will be in court. As per law it should be finished in 2 months.
2. What are procedural steps in these cases.
As far as we know it is:
notice is sent to respondents.
respondent acknowledges it in court.
lawyer tries to compramise.
If compromise is not possible…respondent files reply.
what is next????
I am suffering from D.V. Act applicant in not my wife and she is not leave in our domestic relationship and not share household. She is wife of other person please help me.
she has to proove that she shared a common household with you.. can she proove
Pl. give more elaborate details to come to a conclusion.
my file filed a 498a first… but since she had also committed bigamy i have applied for nullity of marriage…
now she has also applied for DV act .. wat to do
Respected Sir,
Greetings……
I am also one of the victim of DV Act, i just want to know that Appeal can be made to Sessions Court within 30 days from the order of concerned Magistrate, but does this time frame includes the time of getting certified copy of the order.
Like, MM , New Delhi had passed an impunged order on 20th July 2009 and we had not received the certifiedc opy of the order on the same day, so my lawyer had applied for the copy on 22nd July 2009 and we got the copy on 03rd August 2009 and on 01st September 2009 i had made an appeal in the Hon’ble court of ASJ, Patiala House against this impunged order. Is this is legally correct, because on 25th Jan. 2010 I had won the case in the hon’ble court of ASJ, New Delhi but on 26th Feb. 2010 my wife had made the appeal against the same in Hon’ble High court, Delhi. She had challenged the judgement made by ASJ and she had written in her appeal that I (her husband) had not filed the appeal in the respective time frame.
Please provide your inputs…
Thanks a lot – Rishi
Dear sir, The date is counted from the date of copy issued.
Dear sir, Pb Haryana High Court says no case can be registered against woman relatives of the husband. Pl read the following:-
Abuse of domestic violence Act brought to HC notice
Tribune News Service
Chandigarh, April 1
Implemented in 2006 for the protection of the fairer sex, the Protection of Women from Domestic Violence Act has apparently turned unfair for women.
In a clear-cut departure from the intended purpose of safeguarding the interest of women in general and housewives in particular, the provisions of the Act are being – on the face of it – misused to proceed against women. In one such case, a woman lodged a complaint against four of her women relatives, even though the law reportedly prohibits initiation of proceedings against the same gender.
Bringing the alleged violation of the norms to the Punjab and Haryana High Court’s notice, Manjit Kaur of Sangrur and three others urged the Bench to quash the complaint dated January 20, 2009. The complaint, under Section 12 of the Act, is currently pending before Patiala judicial magistrate first class.
One of the petitioners is complainant Pooja Rani’s mother-in-law, while the other petitioners are her sister-in-laws.
As the matter came up for hearing, Justice Nirmaljit Kaur in her order observed the petitioners were women; and had been summoned under the Protection of Women from Domestic Violence Act, 2005. As per Section 2 (q), complaint for offence under the Act can be filed only against “adult male persons”, and not against women.
Justice Nirmaljit Kaur also took note of the fact that the petitioners were placing reliance on the judgment of Madhya Pradesh High Court in the case of Ajay Kant versus Alka Sharma. Issuing notice of motion on the petition, Justice Nirmaljit Kaur also directed stay on further proceedings as far as the “present petitioners” were concerned. Before parting with the order, Justice Nirmaljit Kaur also fixed May 27 as the next date of hearing in the case.
Hi,
Greetings…..
I have filed an application there in the high court for seeking permissin to travel abroad for doing the job.
But, I have some confusion, please clarify the same -
1. Whether High court will send a notice to my wife for her presence on the day of hearing of my application ?( I want to ask that whether to get permission to go overseas my wife’s permission is necessary?)
2. Once I will for abroad, then on my behalf POA (Power Of Attorney) will work out and
3. Do I need to share the details of my working location with my wife (Is it mandatory to show her the offer letter)?
I shall be thankful to you if you can kindly assist me about these points….
Best Regards,
Rishi Kapur
Hi,
Greetings…..
I have filed an application there in the high court for seeking permissin to travel abroad for doing the job.
But, I have some confusion, please clarify the same -
1. Whether High court will send a notice to my wife for her presence on the day of hearing of my application ?( I want to ask that whether to get permission to go overseas my wife’s permission is necessary?)
2. Once I will for abroad, then on my behalf POA (Power Of Attorney) will work out and
3. Do I need to share the details of my working location with my wife (Is it mandatory to show her the offer letter)?
I shall be thankful to you if you can kindly assist me about these points….
Best Regards,
Rishi Kapur
Hi,
I have another question –
I had filed a divorce petition against my wife under section 13(i-q) and yesterday during reconcillation session, she had given her decision to the judge that she is not ready to stay with me and wants a divorce.
Now, what will be the next move from the judge’s end.
I have filed a divorce petition in Faridabad court as i am living in Faridabad (Haryana) and she is putting up in New Delhi. I had filed the petition on the grounds of cruelty (sexual Harrasment by my wife with me).
Please advice.
Thanks & Regards,
Rishi Kapur
Sir,
My family(Myself Father and Mother ) were arrested on May 5 2010 based on 498A false petition filed by my wife and we are in bail now. During the 498A case the police people did counselling and she demanded 10 Lakhs security deposit on her to withdraw the case , but we did not agree to that condition and got arrested and we are in bail now, she now again filed DV act 2005 case on me.please guide me what should i do now to rescue myself and my Family from this continuous false petitions filled by her.
hello sir just do one thing go for qush for ur mother and father in the higer court while filing the qush in 498a same time you file qush in your d.v case also but this you will get some realf may b that ur mother and father will taken out from the cases
Dear sir,
my name is ravi shukla i m from kolkata, my wife complaint against of me with complaint letter i will try to sale her and her daughter at place of bihar and she is not living with me last 1 and half month.plz help me and advise to me.what i do now…..this is the totaly false….
I own a joint property with my 4 brothers at chandigarh.
the partition is duly registered in equal ratio of 20%.My husband who is in service was transfered to Chandigarh in July 2008 and since then we have been staying in our chandigarh with the brothers very often while retaining our earlier house at Ludhiana in Punjab.The house was was occupied earlier by my 3 brothers,now one of the brothers with whom we(I & my husband)were staying has started harassing me fearing that I may stake a claim to my share in the property,I have reduced staying at my house fearing violence from there end and my husband also prefers to reach back to Ludhiana where we also have our house,after working at Chandigarh which is his workplace.
Can I seek protection under the Domestic Violence Act.2005
Regards
Babber
Hello,
My sister in law is threatning all of us (my aged parent, my brother and my wife) in the family that she will file a case against us on domestic violence act.
What is your advice as to how we can handle this.
regards
rajit
Make recording of her misbehavear by spy cemara without telling anybody everyday.
@ Ranjit
Let her file the case, dont worry, its a civil nature type case, no one needs to appear personally. Lawyer can appear on behalf of respondents
In any case, the court gives U chance of hearing and then wud proceed
thanx
roshan saini
advocate
9312210067
@ Camanjit Kaur
Sorry chamanjit
DVA is not your remedy,
Approach civil court for suit for partition and permanent injunction
Thanx
Roshan Saini
Advocate
9312210067
lawyersaini@yahoo.com
wheather d.v. cases would continue with g.r. or c.r. case analogasly
wheather the trial of p.w.d.v. case would be go on with c.r. or g.r. cases analogasly.so.request you explain with court rulling
wheather trial of pwdv case would go on along with c.r or g. r. cases analogasly.please send court rulling.
GR8 WK
sir,
my husband, brother in law & sister in law had inherited 3 rented(paghdi) properties, one residential & 2 commercial properties after the demise of my father in law in november 2008.My mother in law passsed away in 2004. In the residential property my brother in law with his wife was residing at the time of the demise of my father in law due to space crunch we were residing somewhere else. we were residing in the said flat till the death of my mother in law i.e till 2004and the flat was in her name.Of the 2 commercial properties the bigger one admeasuring 340sq.feet my brother in law was carrying business with my father in law. In the other commercial property my husband is carrying business independantly since last 20years.A mutual family agreement deed was drawn and it was decided to sell of all the 3 properties and the sale proceeds be equally devided amongst the 3 siblings equally in August 2009. In October 2009 the residential property was sold and the proceedings were equally devided amongst the 3 siblings. In May 2010 my brother in law’s wife filed domestic violence case against my husband, me, my mother and my sister in law. She has falsely alleged that after my father in law’s demise we stayed with them for 12 days and mentally and physically tortured her, her husband and her children and made the family agreement forcefully and was made to sell the flat forcefully. Now she is asking compensation of 15 lacs from all four of us and also asking interim relief. THearing shall start most probably from next month.Please guide me.
thanks
swati
i have an urgent query-
is a case filed under the protection of women against domestic violence act 2005 a civit case or a criminal case?
does the husband have to personally appear in court? everytime there is a hearing?
what are the counter cases that the husband and his family can do to the wife and her family? Pls let me know whatever you have heard of so that i can take some pre-emptive action as I have filed a domestic violence case against my husband but fear that they will only do counter cases on me to harass me further.
Thanks,
Ranjitha
Hi Rajitha,
1) Its a civil case which can become criminal if orders are not obeyed.
2) Husband need to come if called by the judge and on important dates.
3) There can be many cases he can file but there is no law as cruel and biased as DV. So, you will always have the upper hand.
Having said that, this law should be used in cases where you really have suffered very badly. Remember, after this, there is no going back and your house will be full of bitterness. If the case is false, you will gain in the initial rounds but after that you will have many difficulties proving things. If you have filed the case just to harass your husband then you have taken a wrong action. If you and your husband had some minor issues or if both of you are not compatible, just go for separation and do not file anything in this law. Nobody is a winner in this law it’s a sure short mental wreckage law. You will never be the same person again.
ILLEGAL ‘LAWS’ – Food For Thought:
Our ‘learned’ legislators responsible for the recent, ‘politically correct’ flurry of gender biased laws should take a good look at the UNITED NATIONS STANDARDS AND NORMS IN CRIME PREVENTION AND CRIMINAL JUSTICE particularly at the definition of “Victims of Crime”. See Link
http://www.unodc.org/unodc/en/justice-and-prison-reform/compendium.html
“1. “Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.
2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term “victim” also includes, where appropriate, the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.
3. The provisions contained herein SHALL BE APPLICABLE TO ALL, WITHOUT DISTINCTION OF ANY KIND, SUCH AS RACE, COLOR, SEX, AGE, LANGUAGE, RELIGION, NATIONALITY, POLITICAL OR OTHER OPINION, CULTURAL BELIEFS OR PRACTICES, PROPERTY, BIRTH OR FAMILY STATUS, ETHNIC OR SOCIAL ORIGIN, AND DISABILITY.” (Emphasis, mine).
So, are discriminatory ‘laws’ such as our DV scams, 498a charades, etc., indeed legal???
I am married since past 2+ yrs. In Oct 2010, my wife delivered a baby girl. Since marriage I am facing ego issues, differences of opinions from my wife, but I have always ignored it as I wanted to save my marriage. But now my wife has left my home, saying that she is not well. She did hava a problem of VERTIGO. This happened 20+ days back. 2 days ago her dad called my dad & told hims that my wife will not return home, means she will not return to my home. There were no reasons given, nor was an attempt made to clarify/sort out issues. Just the final verdict fro her father. I am aware of the ‘The Protection Of Women From Domestic Violence Act, 2005′. I want advise as to how can I save myself & my family from any consequences, if she tries to take undue advantage of DV Act. Should I go and inform my local police about this or file a safety application against my wife using DV Act.
Kindly guide. Thanks
Polite-polite.
Navi Mumbai.
Hire a lawyer ASAP.
dear friend pls be aware,,she can file dv against u ,,,pls be prepared and face,,,,even my brother is faceing same problem wht u are going through,,,,,she will simply try to harass u and ur family just to extract money frm u and get all her need,,,,,,,better u go to a lawyer nd tell him this he will send a notice to her…so tht in case if 2morow she files and complaint against u …..u will hv a proof to show in court,,,,,thnks take care and all the best,,,,,,
Hire lawyer. Get in touch with SIFF team. They will healp you immensely. There meetings are held on every Sunday at Mulund.Log into 498a.org and learn more.
Do not go to the police at this stage they are worser than your wife.
Is there really a safety application as you say? I wish we had one. We are practically sitting ducks. You can at the most apply for divorce under cruelty grounds and in case they retaliate show to court that it is a counter to your Divorce case but taht is only if you are sure they may file all such cases. Else learn the laws and keep some cash handy. Transfer properties to your mother/sisters name and sit tight before she makes any move. Also tell your father and mother to file maintenance case against you and you agree to it. This will help you while fighting the Dv and other such cases as ultimately it is all about money.
1. can be wief withdrawn case against husband with libarty?
2. after the Affidavit in cheif file, can be amended the case?
What is your query? Be precise.
1. Yes and no. Depends on the conditions and sections.
2. Yes in civil no in criminal cases.
I a divorced sister of 51 years, my minor fatherless daughter and my 77 year old mother are victims of domestic violence by own elder brother; my old imbecile 90 year old father is in his custody since all the dwelling house and shop property are in the father’s name my brother has transferred everything and assaults me when I live there or even go to visit my mother who is on my side. I want right to protection and residence in parental house so that i can live together with my ailing mother who wants the same. Also according to Hindu succession act i am legal heir to my parents joint family property; but my brother denies us every right; my mother is in possession of half the portion of the said house; and she has filed a title suit against my father and her son as to the property was created by her stri dhan then how can it be transferred by my father alone in the name of a gift to my brother who has lived away from parents and me since 1986 in the same house by dividing it. My domestic violence case is pending and the magistrate has asked for a citation of court reg right to residence and protection. please give me citations on this from high court or supreme court of india.
Thanking
Rekha Modi
dear friends….
im a 19 yrs ld kid ,,and i know wht dv act is……let me tell u …the true incident which is happening with my brother,,,,this female got marrired to him…but she was already married..my bro nevered did anything to her wen he came to knw this,,,she was with him for 10 days and now she had filled a fake case of domestic v,,,,just to extract money…she even filled my name..infact i never spoke to wen she came to our house,,,,,this act is just helping government and womens to extract money frm mens,,,,,wwooo wht a wonderful world is this at the age f 19 im seeing all this…isnt this is wrong to harass any men for money no domestic violence was done to her but still she is playing with him he was going to do sucide but i stopped him….our legal system to should help us…..i request u guys pls help us if anyone knw how to fight with such fake women and their charges,,,,pls pls pls pls pls pls
Hi,
First of all do not panic. Nothing will happen. Since you have not written anything about the case, its very difficult to comment.
Once you prove that she is already married, things will change.
Always appear before the court, there is nothing wrong in that. Follow court instruction for any interim relief given to her. If she is working then she will not get any money in initially.
DO NOT GIVE ANY MONEY TO HER DIRECTLY. If court directs anything then do it in front of the court.
This law is being mis-used by many women but courts have become smarter now. So, fight against it.
Regards
dear friends i request u all pls help us my family and i are suffering a lot pls help us,,,,we need help..this female is harassing us without any reason …..we nevered did any dv with her pls save my brother who keeps on trying sucide …….even im fade up ,,,by court orders ,,,we live are earnigs on daily basis,,,how can we get all her demands complete….even court and many others are in her favour ,,,she dnt hv any evidence against us but still for money she is harassing us,,,,,i request pls change this law,,,this will kill any innocent man ,,,,freinds pls be aware of such females who harass u for money under dv law…
hello sir,
meri shadi 2007 me hui. 2007 se 2010 tak meri bibi mere sat 6 mahina rahi hogi. baki time appne maa -papa ke sath rahi., 2008 me ek ladka huwa, fir 2 mahine mere sath rahi aur wapas chali gayi , 2010 feb me maine dusari shadi ki. do no sath sath rahete the 4 mahine ka baad june 2010 ko wo ghar se bhag gayi, kai baar mai use wapas lane gaya, lekin uske bhai mujne marte , gali dete, aur chale jane ko bolte.
june 2011 me phali ne court me DOMESTIC VOILENCE sec 18,19,20,21,22 ka case lagaya hai.
kaha hai ki, mujhe mara aur ghar se bhaga diya
chori ka arop lagaya, mar dalne ki shamki di.
frize, wasing machine, Rs. 200000 lane ko kaha, (tabi aane warna nahi aana)
bache ko marne ki dhamki de,
so plz help me to solve tis case………
my ID
shakilshakil@rediffmail.com
thanking you
dear sir ,
I have filed the case of DV and 498a(I tired to commit suicide) against my husband.No doubts looking at my case everybody(lawyer) suggested to put divorce. which I am not at all willing for……. I asked suggestions from my family/friend lawyer they suggested me for other option of compromise but at the cost of apology letter from him and all respondent,becoz as from very begin they have lied and created conspiracy against me.
I asked for apology letter they were ready to summit but as the compromize is signed they denied and whereas the judge ,my own lawyer are saying it will cause them imprisonment so judge can’t allow them to do so.Actually they are literally saying its not possible as per the law or constitution.
It is true if they will give an apology letter then without any prosecution judge has to jail them on the basis of it.
Plz just clear my this doubt as different individual here is with different opinion.
I will be thanful to u always
Sangeeta
He he Sangeeta dear you are stuck.
Nobody is going to give that in writing. Keep fighting the case on the merits of it if you think you really have one at that. LOL
Rather I suggest try and see if the oppositte party compromises then get 498a quashed under sec 482 in HC and withdraw DV and take a divorce under mutual consent and move on in life.
No body actually wins in these laws so dont fall prey to your ego. This law was not designed to satiate your personal egos. It was supposed to be a defense mechanism and not a weapon to gain upper hand.
Btw if I were your husband I would not even have compromised and would have fought this till end and would not have given divorce. Do what you can then….See do not try to rub a man on the wrong side just becuase some laws favour you. Ultimately its you who will loose, if not in court in society for sure…
Good luck…
hi,
I need help for a similar case where husband and wife are threatening husband’s family for money. they have threatened that they will file a case of domestic violence and send every one to jail if they are not given money within a week. what precautions should the family members take so that they dont go to jail if the wife registers a false case against them.
the family is ready to give the money but they want their son and daughter in law to move out of their house and promise not to register any false case against them in future, what legal actions should they take so that the settlement can be made outside court and within a short span of time?
Hi Moul,
This is a rather strange situation where the husband is supporting the wife to file DV. Remember under DV you cannot go to jail. Only monetary compensation has to be given if the case is such.
My suggestion would be do not give a penny as taht would not solve your problem and they will keep on harrasing you this way. If you are a female then you go ahead and file a PWDVA case against them ask for restriction orders under DV. this should take care of most of the problems that may arise later. Keep in touch with a good lawyer as it does not still stop the DIL from filing a flase FIR. Hence incase you hear about any such FIR do not go to police station. Go in hiding and apply for anticipatory bail. Rest we will see when it comes to that. Keep about 50K handy incase bail pleas are to be moved. Get in touch with the SIFF members from whichever city you are in. You will get there numbers on the internet and in 498a.org. Log into it and you shall get more suggestions and help.
Cheers…
simply fantastic not only new comers into profeession as well as seniors
my wife left hte house 9th jun 2010 30 june 2010 file a divorce pitision file section 13(1) ia all contradiction statement & oral statment no doc avidance 29novembar 2010 file a D V Act 2005 section 12 is mentenable ?
plz riply & latest judgement case dismissed judgement sent me my e mail id is sanjay_s1966@yahoo.com
Sajayji- Wether case is maintainable or not depends on the merits of the case.
If both epetitions have huge contradictions then show the divorce petition to court under DV case and state that it is a contradiction. Deny all aleegations and state to court that she be put to strict proof of whatever she is claiming and state that she has come to court with unclean hands if the csae is so. You need to provide more details about your dv case and divorce case for any help.
Cheers..
I am 50 year old male and married since 1986. Relationship with spouse has been deterioreting gradually and picked up speed since 2005. I was patient all the while as my son was studying. I can’t take it any more. The issues are
a) Infidelity, b) she cooks for a week and leaves in fridge, c) some times doesn’t cook for days, d) denial of sex, e) calling her family and threatening me etc
How can I use DV Act to further my case for divorce?
Jignesh Bhai,
No recourse under Dv. At the most you can file for Divorce under 13a- cruelty ground. But it would be better if you file 13B i.e. mutual divorce. But if you file 13A of HMA you may face a lot of counter cases. Before you go ahead with this suggest- You transfer all your properties and assets on some one else’s name like mother or sister(preferably females). Keep all your medical bills and her medical bills in your safe custody. If she is working then get all those details. If you are working make sure you remove all the details of salary and other finances out of her knowlege.If you thinnk she is a border line personality patient then get taht certified from a doc. Get a good lawyer(trust worthy
). Get in touch with the SIFF members in your city. Log into 498a.org and learn the laws so taht you dont get duped.
Rest we will see when we come to it.
Dear tortured,
thanks for your reply. I have a flat which is in both our names (foolish thing I did, while buying), some FDs in my name and car in my name. I am a centrl govt pensioner (premature retirement) and now working. She is also working. Since my earlier post, I have moved out of the house and will be filing for divorce in a week. She is not agreeing for mutual consent.
Jignesh Bhai,
You too can use this it is a landmark CIC judgment thru which you can obtain your wife’s earning details from EPF office by writing a RTI to the concerned CPIO who should be providing this to you in 15 days time(practically it takes a month.
Dont worry Car is fine dont worry. Maybe you could liquidate those FD’s and keep the liquid cash in hiding or invest in some one else’s name. Take a personal loan for what ever reason and keep paying the emi. Sell the car maybe get a new car and keep paying emi for that. If your mother is alive make her to file a maintenance petition against you. These are the ways you can mitigate the financial risks. Also get the doc to certify taht you are not keeping well and all this takinga huge toll on you for which you may suffer irrepairable loss…cite this in court in future and a)you can get exemption easily for personal appearances except for on very important dates and b)Sympathy grounds from judge c) Again more expenditure for your health…Bottom line is you will have to drag the case and deny money…when marriage goes for a toss its all about money honey!:)
Rest lets c when we cross the bridge…for the moment like me keep waiting for sachin to score his 100th 100 and which the Indian team best of luck in the one dayers..sip on to beer and have fun…long drives or what ever way…in the mean time gear up for a long haul and keep that reserve of cash. Always keep Rs50k close to you all the time you never know if at the worst…you may require this for bail…also keep in touch with local SIFM team and attend the meetings regularly..you will learn a lot and will build an excellent support system. Also keep a criminal lawyer handy.
Ashish Kumar Tiwari vs Emplyee Provident Fund Organiztion..judgment dated 10th Jan,2008 decision no. 1816/ic(a)/2008
f. no. cic/ma/a/2007/00583
website:www.cic.gov.in
From
Dhiral Svla,
Dear Sir,
I got married in 2001, concieved in 2002 and in 7th mth i was detected HIV(+) which was transmitted by my husband, but fortunately the child was normal, My husband died in 2009 due to AIDS, thereafter my inlaws ( Father inlaw, Sister in laws and Brother in law removed me from house without my child & any of my personal properties even streedhan. The child is with them and he is been told that if u stay with mother u will get the disease and u will die.
Now I stay with my parents, and have filed a case under Domestic violence in court. The case has reached the argument stage, but my inlaws are trying to prove that i am infected with disease and because of that my mental imbalance has disturbed. Pls sir reply what to do next and I want my child back, as I know my child has no future there
File under Guardians and Wards act for child custody. Rest there are loads of cases you can file against them but I would not suggest them.
My wife has lodged complnt under DV Act 4 compensation etc. She works in private firm & files I-T Returns every year. I asked IT Dept. for her details, but they denied. Can u help me by giving judgement or else, plz.
Samir- You cannot get this as it is a 3rd party info. Incase you are able to obtain do let me know I will try in the same manner. If you are sure where she works a better option is while filing your counter to her allegation in the DV case itself quote where she is working. Tell her to show that. Also tell court that it is a suppression of fact to get favourable judgement and also state that she has come to court eith tainted hands and hence her ple not be heard. Also enough judgments are ther taht a working woman is not entitled to maintenance. While filing Ws also summon these details via another petition either under CPC order11 rule 14 or under CRPC 91
I sent application to I-T Dept under RTI Act. Plz paste rulings of CIC, if any.
Samir- IT dept for what? Log into 498a.org. You will see all the relevant judgements. Is ita TEP application? If so follow with RTI’s in regular intervals.
Samir- Here is what I guess you were looking for. There is a CIC judgement thru which you can write to the appropriate EPF office-The CPIO and he is duty bound to divulge the information to you in 15 days time. It is a landmark judgment thru which you can prove to court about your wife’s earnings however you need to know where she is working.
Ashish Kumar Tiwari vs Emplyee Provident Fund Organiztion..judgment dated 10th Jan,2008 decision no. 1816/ic(a)/2008
f. no. cic/ma/a/2007/00583
website:www.cic.gov.in
Best of luck….
So many BITcH and BASTARDS GIRLS ruining the great respect of a lady who is a mother,a doughter and a lovely WIFE…hang all sucg WHORE girls who threat with 498A and burn there family alive…..
ALL GIRLS WHO STAY AWAY FROM HUSBAND IS A WHORE..THIS IS TRUTH
Family domestical violence. Daughter-in-law make a domestical violence
against her mother-in-law and father-in-laws. We need fast replies.
Sangita,
Not sure exactly what you want and what you have stated. But if I understand correctly mom and father are facing problems due to DIl. If this assumption is correct then please tell the mother to move court ASAP and file a case under PWDVA against the DIL. But remember the marriage will be over for all practical purposes in that case.
Dear Sir / Madam
My wife has filed a domestic violence case on me, which is pending before the family court. In the meantime my wife has moved a application for interim relief and she was awarded Rs. 15,000.00 per month as interim maintenance. Even though I was earning Rs. 10,000.00 the court didn’t entertain my request to decrease the maintenance. Also my car is detained by her on which car loan is also pending. When i moved a application in the same court regarding directing my wife to hand over my car and my qualification certificates to me, the court has denied my request citing that there is no such specific provision in the DV Act for this request.
Please help me in this regard !!!
Gaurav
gauravgds@gmail.com
Gaurav- Sad to hear your story. Does she work? Get those details and file for appeal. Else show that you earn only 10K with proper salary justifications and challenge the order via appeal in sessions court. You need to move fast buddy. You have only 90 days to challenge.
Get your mom or dad(if they are not working or retired without pension)to move for a maintenance case against you ASAP and agree to pay taht in court to them. Make it say 5K. That way you have a liability. Rest show that you need to pay rent etc etc..and try and reduce. Show this to the sessions court which will be forced to reduce the amount then. While doing this remember that you should pray to the court taht the current order be stayed till the H’nble sessions court decides on this. After sessions gives a verdict incase it still is unfavourable move to HC on the same lines. Quote that under the constitution sec 21-right to liberty you are bound to get back your qualification certificates and tell the court to pass an order to taht effect. This should work.
Forget the car buddy. Stop paying the loan. Other way is file case of theft against her that she has stolen your car in a seperate case but remember teh RC book has to be in your name.
Btw which city are you in??? Contact the SIFF members and they will help you. Log into mynation foundation or 498a.org and you will get a lot of help.
Cheers…we are ther to help each other!
hey tortured,
I have posted a comment, why dont u answer me?? dont u have any guts to face the truth?
see the post named – avik March 19, 2012 at 7:15 pm
Can a women file a case in a state where her parents are residing in Domestic Violence Act-2005. Irrespctive of the couple were staying together in another Indian state .Whether cognizance of the case will be taken into consideration in another state?
After leaving her husband VOLUNTARILY and without consent of the husband for exactly about 2 years and then filing a case in a fit of anger under DV Act-2005. Whether after desertion for about 2 years such case can she files to avenge on her husband?
Whether a single instance of quarrel between the couple on flimsy ground constitute a Domestic Violence under section 3 of DV Act? . It may be please noted that such quarrels were not followed and frequently done never afterwards. At end of two years but after the laps of two years even not residing with her husband and residing with her parents and doing a job to earn money on her own can a DV case may be filed on such single instance only in the court where wife resides with her parents.
Can a DV Case be filed on an instance of quarrel say on 1-2-2006, which is before commencement of the act? The wife files case under DV Act on 10-4-2008 while she was residing happily with her parents doing job.
While deserting her husband on her own and against the wishes of her husband she had taken her children along with her . And now children are living with her. Can the husband file an application before the magistrate under the section 21 of DV Act for visiting rights of the children?
Can a magistrate entertain the application without insisting a report under Sec 9(1)b of the DV Act , a domestic incident report in form -2 from the protection officer.
What are the measures to be taken lawfully by the husband to see his children, as wife is preventing him to see his children and causing a mental agony.
Can CJM ask the respondant number1 to supply the address of other respondents for service of summons under domestic violence act. The other respondents never lived with the lady filing the case. Does she have to prove the performance of marriage or not as there was no sapatpadi held and no marriage took place.
There might be photographs or marriage certificate anda marriage/reception invitation card which is good enough to prove that you were married. So think and if any or all this is there then do not venture in that line.
Yes CJM can ask however if the other respondents truely do not know where the R1 is then they can say so infront of the judge.
Ultimtaely you will have to appear buddy so dont wait for an eternity because our crooked system has given the powers to the judge to pass ex-parte orders. Setting that aside is very difficult- believe me on that cause I have got that set aside succesfully and I know what I had to do for it!
Thanks for ans. No marriage certificate or reception party or card. She has 2-3 photographs of family sitting which were taken by mobile and developed through computer. I am respondent no1 and living alone and megistrate asked me the address of other respondents as she does not know as she never visited them and they never visited my place. I have denied the marriage. I have sms prints through which she used to plead to me to keep her as a friend or as a servant. What are my chances.
I Respect femail Thay give us life but after 21 year of life 90% femail give reson for end of LIFE BY FALSE DOMESTIC VOLINCE . I have proofe but mahila court not ready to see. my crime is I born in INDIA AS A MAIL.
D.V Act 2005 90%
I am married to my wife for last 9 months. We had seperation for last 5.5 months. We were happy couple except for some small issues/quarrels. My wife had taken them seriously whereas me took them casually. Since my mother had paranoid schizophrenia my misses had requested me to be checked with a doctor. During a problem with my wife she went to her mother’s home and i went and got admitted in hospital for sleeplessness. There doctors wanted my wife to be cross questioned. she did not report. after 10 days she reported and inexperienced doctors said i had same paranoid schizophrenia… i took antipsychotic tablets and my urine stopped the same night. later everyone adviced me to stop tablets and told i am perfect. doctors later admitted i am good. but they had given a report i had dillusion disorder. now my wife had given divorce petition on me based on mental illness. i do not have any of the above. what will the court direct me to do. and moreover i suspect my wife and her family are mentally depressed and have some problem…. what shall i say in the court? Please advice…
Karthik- Deny allegations if possible. I say that because there is already a doc’s report. Tell her that in such a scenario why to ruin both of your lives???Rather try and convince her for a Mutual Divorce. If she agrees make a joint petition under this petition of hers and get that fortified after 6 months and get out of the mess. Too bad buddy…time has come to get out of the great times you both may have had..sad but that is reality! If you do not have a kid I would suggest to get out of the relationship ASAP. However if she wants to contend the divorce petition you need to fight it on merits. Dont worry if you are true in the long run she will loose and sanity will prevail…
All the best!
Thanks for your reply.
Latest news from my side is that – “I got readmitted in the same hospital to get fitness certificate. I stayed for 2 days. Doctors conducted examinations and counselling. But did not give me a single medicine. Because they were well aware i am looking good for last 6 months without their prescribed medicines. Doctors (2 Pschiatrist MDs) one of who had earlier wrongly diagnosed me of some disorder, had given a clear certificate that, i do not have any incurable mental illness. earlier diagnosis was only provisional”
As i said earlier, i suspect that my wife may be having mental illness. Because her decisions and behaviour changes from end-to-end. During her confused state her parents had further-confused her to give a divorce petition on me without understanding her mind instability. She badly needs my help and care.
Now what shall i do? Any experts please reply with eralier divorce judgements similar to my case.
tortured Thanks for ans. No marriage certificate or reception party or card. She has 2-3 photographs of family sitting which were taken by mobile and developed through computer. I am respondent no1 and living alone and megistrate asked me the address of other respondents as she does not know as she never visited them and they never visited my place. I have denied the marriage. I have sms prints through which she used to plead to me to keep her as a friend or as a servant. What are my chances.
Dear tortured sir,
In sangita reply you have adviced to the mother to move court ASAP and file a case under PWDVA against the DIL.what is ASAP?
can mother file the PWDVA against the DIL,her mother sister and brother.
CAN IT BE FILED WHERE MOTHER IS LIVING AND DIL IS LIVING IN OTHER STATE.
I have also a similar case.
pls guide.
Ramesh
My wife has done a false case of dowry as well as domestic voilence. She doesnot have any proof because nothing has happened. I have all the proofs of we going places and having good time and she even went out with my family on vacation and enjoyed. What should I do to get away from this
I am a victim of 498A I am younger brother my small brother wife putted 498A and Dv on us in 2007 now the case is come on board but see is not giving any evidence and only doing time pass how can i appeal and for dismisse of 498a and Dv so please guide me because court procesding is slow my brother wife is also doing time pass in family court so please guide me to for dismisse of 498a and DV case
Sir,
I am the victim of false complaint against me and as well as to my wife.
I am residing New Delhi for my job and my self and wife with my son
here, then my Mother in law asked us to stay back in trivandrum where
she lives in our house which purchased by me in my name as well as
wife name. My wife stayed there fore the one year in the house alongwith
her brothher and and wife.
Now when we asked brother to vacate the house he with the benefit of
elderly women with help of Women Proctect Act filed a case against
under section 12 in the district court of Trivandrum and asked for the
compensation around 1 lakh. Now tell me what wrong I have done
instead I have given permission for them to stay our house for the
last 12 years.
Now tell me what I can done to overcome the situtation the case is in
the court for last one year and instructed us by court not to enter the
house which was puchased by me and I have all the docuemnts
including receipt of house tax/property tax.
I need your help as I have no other house/property anywhere in India.
thanks & regards