SC Redefines Right To Residence Under DVA

SC Redefines Right To Residence Under DVA
sc-reject-righttoresidenceunderdva-batravsbatra-2007.pdf

6 Responses to “SC Redefines Right To Residence Under DVA”


  1. 1 Jayakrishnan October 1, 2007 at 9:49 am

    Thanks to the SC for the interpretation.Otherwise it would have been nightmare for lower courts judges.Some more terms to be interpreted like ‘domestic relationship’ and when a ‘relationship in the nature of marriage’ can be assumed as terminated and what would be a standard amount of maintenance under the Act in relation to husband’s income etc.Wait for the further orders.

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  2. 2 Sambit December 20, 2007 at 3:30 am

    Excellent Judgement from the Supreme Court.

    But why must the lower courts also not exercise its jurisdiction and quash proceedings under the DV Act and IPC498A when it is aware that such laws are grossly misused against innocent menfolk.

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  3. 3 pk rao February 2, 2008 at 9:56 am

    Pl send me this order copy regarding maintenance: when a ‘relationship in the nature of marriage’ can be assumed as terminated and what would be a standard amount of maintenance under the Act in relation to husband’s income etc.

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  4. 4 Krishnan. February 10, 2009 at 7:38 am

    Sir,

    In Batra’s case the Boy was not residing in the alleged Matrimonial Home. Can we interpret that this decision may not squarely apply to a case where the Boy continues to stay in his Parent’ house?Request to forward any other decision on this issue.

    Regards,
    SK.

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  5. 5 naina December 19, 2010 at 11:58 am

    Hi please help me
    I am a divorcee in relation with an army officer whose divorce case is under hearing. can we get married. i have heard about a judgment on this regard allowing marriages before divorce case judgment.He is already paying her maintenance. If it is possible please let me know how to do it legally and where I can get a copy of the judgment. I am sure you will help me.

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  6. 6 siranjeet sandhu May 7, 2012 at 4:06 pm

    Thanks to supreme court for interpretation of residential right of wife in matrimonial home and denying of her right in house in name of her father/ mother in laws under D V Act and new corrected inerpretation of matrimonial home and domestic relationship otherwise all govt. accomudation wiil be property of ladies whose husdand / in laws occupied govt accomudation at tme of her marriage which may termed matrimonial home .

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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