Justice Dhingra Quashes A Writ Mandamus

This is a recent case, where a women passed away by falling off of the roof. The kids testified that it was an accident where as the parents attempted to frame it as a dowry death a month after the fact and after not saying anything when the police came in for an inquiry.

Read this judgment and the clear narration of facts by Justice Dhingra.

Here is the judgment: Justice Dhingra Quashes A Writ Mandamus

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Woman Fined For Abusing DV Act

The original article has been taken down by The Statesman.

You can read the pdf, think of it like a news clipping, here: Woman Fined For Abusing DV Act

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Domestic Violence: Online Books From Questia

These books are from the online library. You need to negotiate through the window. Unfortunately couldn’t download it.

• Here is an online book.
• Domestic Violence: The Changing Criminal Justice
• Domestic Partner Abuse
• Abused Men: The Hidden Side of DV
• No More Secrets: Violence in Lesbian Relationships (Only morons would ever say that women are incapable of violence.)

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Women Misuse DVA To Get Even With Spouses

An article from Deccan Chronicle.

I don’t have a link, just a scan of the article: Deccan DV Act Misuse

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Investigating Domestic Violence In Other Countries

In most cases, a DV or 498A complaint is a he said/she said situation. T question I had in mind was, how are these cases investigated by thes agnecies ?

Here are some links:

• Here is Alberta Police DV handbook
• IACP Domestic Violence
• Mass. Law about DV

More to follow.

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A Guide To Indian Laws

Here is the link: A Guide To Indian Laws

• The Indian Penal Code
• The Prevention Of Corruption Act
• Code Of Criminal Procedure 1973 (CrPc) 
• The Indian Evidence Act 1872 (Talk about antiquated laws)

Also some other links:

• GOI Directory Of Official Websites
• National Law School Of India
• Vakil #1
• The whole set can be found here

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What Does An FIR Form Look Like?

I found this at the NCRB site. The forms are possibly translated into regional languages. This is a 21 page document, so be patient while it loads.

Here is the english version of an FIR from the NCRB site

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Calcutta HC: No Alimony For Leaving Hubbies On Flimsy Grounds

Folks,
Here is the judgment. It is a large file (1.4Mb): No Alimony For Leaving Hubbies On Flimsy Grounds

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TIMES NEWS NETWORK
Kolkata: Here is one for the harassed husbands’ club. If a woman leaves her husband’s home on “flimsy grounds”, she is not entitled to maintenance, the Calcutta High Court has ruled.
On Thursday, the HC set aside a lower court’s order and asked a Baranagar youth to stop paying his estranged wife a monthly allowance, after judging that she had left her husband’s home “on flimsy grounds”. The landmark judgment is one of those rare cases where the husband gets reprieve in a case under the stringent section 498A, which is meant to prevent harassment of women but is sometimes exploited by the fair sex for unfair ends. The ruling came as a relief for Baranagar’s Partha Pratim Banik who was locked in a bruising battle with his estranged wife, Arundhati. Their marriage had not been a happy one and they had frequent quarrels. According to sources, Arundhati left Partha’s home suddenly one morning, taking along their fouryear-old son, and filed a case against her husband and inlaws under section 498A for “physical and mental torture”. Later, she claimed in court that Partha had cheated her by claiming he was a computer engineer whereas he was a “computer mechanic”.
A Barrackpore court granted her plea and directed Partha to pay her a monthly maintenance of Rs 1,700 — Rs 1,000 for the boy and Rs 700 for Arundhati. Partha appealed against th e order in high court. The case came up for its final hearing on Thursday. Partha’s counsel Koushik Dey said that the allegations against Partha were false and that Arundhati had left her home voluntarily without any concrete reason. He cited section 4 of 125 CrPC, which states that a wife who refuses to stay with her husband without sufficient reason is not entitled to a maintenance allowance. Dey also claimed that Partha was willing to take Arundhati back home, but she had refused.

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Swarup Sarkar DV Act Judgment 2007

Swarup Sarkar won the Domestic Violence case filed by his wife.

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 judgment: Swarup Sarkar DV Act Judgment 2007

You may also want to read this: Indira Jaising On The First Anniversary Of The “Clumsily Drafted” DV Act

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What Does An Interpol Red Corner Notice Application Form Look Like ?

I really like these AP CID guys. They have a lot of information posted at their site, including a downloadable Red Corner Alert application form. Here is a link to their site.

This is what it looks like

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Actors Entangled In 498A And DV Act

Here is the news item:

Another one in Orissa. 

http://www.idleburra.com/2007/06/srikanth-marital-problem-backfires.html

Here are some developments in the Chiranjeevi 498A case:

http://www.idleburra.com/2007/06/police-likely-to-question-mega-family.html

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The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

• Govt version of the bill
• The version by the Lawyers Collective
• The non-negotiables
• Comparison of the DV Act bills

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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The Emotional Terrorist: Erin Pizzey

This is by a lady called Ernie Prizzy.

What she writes here is applicable to the kind of women proliferating through the Indian society and cheered on by the likes of Indira Jaising in the garb of women’s rights.

Here is the article: Erin Pizzey: The Emotional Terrorist

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Websites of Police Depts

Here is the link:  http://india.gov.in/citizen/police_st_ut.php

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AP HC Quotes Dowry Prohibition Act In 498A Quash Judgment: 2005

Here is the judgment: AP HC Quotes Dowry Prohibition Act In Judgment: 2005

Here is the definition from a judgment of the AP High Court:

Dowry Prohibition Act

3. Penalty for giving or taking dowry:- (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than [five years.]

[(2) Nothing in sub-section (1) shall apply to, or in relation to,-

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such present are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

[4. Penalty for demanding dowry:- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

Delhi HC Hauls Up The Lower Judiciary

Here are two petitions upheld by the Delhi HC. In both cases, the magistrates of the lower courts summoned the respondents without a basis and the High Court took cognizance and set things right.

Here are the judgments:

• Delhi HC Hauls Up The Lower Judiciary-2007
• Delhi HC Hauls Up The The Lower Judiciary-2003

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PMO Official Accused Of Domestic Violence By Wife

I am overjoyed. I hope that this is a case of the abuse of the law. This will bring home to the babus, the reality we all face.

You can read about this bio data here: http://persmin.nic.in/ersheet/MultipleERS.asp?HiddenStr=01JK008600

Here is the link to the article from The Hindu.

If the link is not functioning, here is the pdf: PMO Official Accused Of Domestic Violence By Wife

Shaleen Kabra, an IAS officer, got out easily. Click here to read the conclusion of this story.

Here is a pdf of the same

Here are the judgments. The case went to the Delhi HC which upheld this verdict:

Shaleen Kabra DV Act Judgment:

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Child Custody Cannot Be Denied To Women Who Remarry: SC

Here is the link to the article

Here is the link to the judgment from Nov 2006: Custody Cannot Be Denied To Women Who Remarry

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SC Upholds Constitutionality Of Section 498-A

This judgment is explained in this article by Rakesh Shukla

The article is from InfoChange India

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Stats On Persons Arrested Under The IPC Cases

These are stats from the NCRB (National Crime Records Bureau).

I stumbled upon them due to an act of god.

Stats on Persons Arrested Nationwide Under IPC Cases.

The report states that there is an increase in the number of people arrested under dowry harassment cases.

Here is an excerpt:

“The crime head-wise and sex-wise break-up of persons arrested for IPC crimes during 2005 are presented in Table-12.2. The female criminality in the total IPC crimes accounted to 5.8 percent only (same as previous year), however, the percentage share of female arrestees was higher for those crimes which are perpetrated on women such as Cruelty by Husband and Relatives (22.5%) followed by Dowry Deaths (22.4%) and Kidnapping & Abduction of Women & Girls (7.1%).”

Here is the link which details the stats on Crimes Against Women

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