MP HC: DV Act Cannot Be Filed Against Female Relatives

A judge of the MP High Court has passed a judgment which says:

Thus, it is clear by the definition of respondent that for obtaining any relief under this Act an application can be filed or a proceeding can be initiated against only adult male person and on such application or under such proceeding, aforementioned protection order can be passed. Obviously those orders will also be passed only against the adult male person.

Here is the judgment: MP HC: DV Act Cannot Be Filed Against Female Relatives

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1 Response to “MP HC: DV Act Cannot Be Filed Against Female Relatives”


  1. 1 Rathina Sabapathy May 26, 2008 at 11:15 am

    Yes. I too suffer from wife and in-laws threatening, who are living presently at Howrah, in a different manner on a regular basis, in order to swindle our hard-earned income and property, by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?

    Which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody. I had been caught by the police on March 2006, and kept for nine days in police lockup and one day in Correctional Home, Howrah and released on bail. She filed false FIRs and filed under section 125 Cr. P.C., 498A, 406 IPC, 34, 354, 379, 506, 323, 341, 504 and section 3 & 4 of Dowry Probation Act etc. against me, my patents, brother and sister from the Court of 7th and 4th Judicial Magistrate at Howrah. Now, no one here to help me from this day to day harassment, lost couple of good jobs, running once in two months from Pudhucherry (formerly Pondicherry) to Howrah.

    The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce and succeeded to get an expartee decree within three months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counseling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.

    The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.

    THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.

    The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pudhucherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.

    Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.

    M. Rathina Sabapathy,
    Cell: 09894669932

    Like


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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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Disclaimer:

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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