Justice Dhingra Explains The Meaning Of Shared Household

This great Indian judge has yet again delivered us from evil.

He defines a shared household as the following:

“Once a person gains majority, he becomes independent and parents have no liability to maintain him. It is different thing that out of love and affection, the parents may continue to support him even when he becomes financially independent or continue to help him even after his marriage. This help and support of parents to the son is available only out of their love and affection and out of mutual trust and understanding. There is no legal liability on the parents to continue to support a dis-obedient son or a son which becomes liability on them or a son who dis-respects or dis-regards them or becomes a source of nuisance for them or trouble for them. The parents can always forsake such a son and daughter-in-law and tell them to leave their house and lead their own life and let them live in peace. It is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. In turn, the parents get equal support, love, affection and care. Where this mutual relationship of love, care, trust and support goes, the parents cannot be forced to keep a son or daughter in law with them nor there is any statutory provision which compels parents to suffer because of the acts of residence and his son or daughter in law.”

He defines a matrimonial home in the following manner:

“However, matrimonial home was not just a building made of bricks and walls. It was a home/place comprising of sweetness of relations of family members and elders, full of blessing. In the matrimonial home, matrimonial rights and obligations are to be equally observed. Practically speaking, the residence of husband should be the home of the wife where both the spouses have equal right to reside.”

Here is the judgement, a boon to those facing the ugly reality of the clumsily drafted domestic violence act:

J Dhingra: Neetu Mittal Vs Kanta Mittal DVA 2007

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20 Responses to “Justice Dhingra Explains The Meaning Of Shared Household”


  1. 1 aneel kumar October 9, 2008 at 3:28 pm

    justice dhingra is really a great man. please god, help my parents from those who implicate my parents my sister , brother in false cases by my greedy wife. thanks

    Like

  2. 2 Sanjeev Arora February 24, 2009 at 7:25 am

    Its true we talk about rarest rare judgement but Mr Dingra is Rarest rare honble jugde in Indian Judiciary who able to define every thing very clear that help both party to understand where they are stand in our law, how clearly he gave his wordicts on domestic voilence , every victime keep this copy with him and use the same to protect their faimily members
    Thanks

    Like

  3. 3 Mukesh Abrol February 26, 2009 at 9:06 am

    Dear Sir,

    I had filed divorce petition on 23.10.2006 and domestic violence act come into force on 26.10.2006. In HMA case the court had declined maintenance and in DVA Act court had ordered to pay rent to wife who is earning Rs. 8000/- per month. Please help.

    Thanks

    Like

  4. 4 Parveen Juzar Burmawal April 20, 2009 at 8:53 am

    I appreciate and admire the judgement of Justice Dhingra who has explained the true emotional meaning of marriage in a very practical way. I wish it becomes useful both for the husband and wife and they undestand and respect their marriage as a constitution and with equal rights
    instead of…

    The men been harrased…. or sometimes… the women been thrown out of their own matrimonial houses like an object of bin and finally the conflicts landing up in the courts.

    I wish that this judgement will create respect between the couples and they realise where they are heading by not even hesitating to file cases for divorce even at the age of 75-80 years without making any attempts to lower their egos or keep it aside & untimately they proove it to the world that marriage is no more than a single word a “Failure”.

    Like

  5. 5 Thakkar Mohini March 24, 2010 at 6:46 am

    I am a girl and also know the rights and problems of the women or specifically of wife. And simulteneously I am also appriciating Judgement given by Learned Justice.

    But without any prejudice I am objecting this judgment as a women who had filed the cases Under Section 125 of Cr.P.C. and notonly that but in marriagelife she left matrimonial home with his parents without any reasonable reasons and also done abortion thirce without consent of her husband and that too at her parental house. In this circumstances and afre 2 years fromliving the matrimonial house she is filling a complaint against her husband and her family memebrs and meanwhile she was not left a single chance to harras the husband and garbing the husband’s image in the society as well as working field in the present of the clients of husband, in this circumstances and asfter doing these type of harassing she wants shared houshold right in the DV Act, how it can be possible and how husband and his family member can live hapily and sweetly when this type of girl is living in the home and that too when husband is living in the joint family from the childhodd in this case if she gets relief she will get another chance to harass them under the roof and shelter of Domestic Violence Act.

    So, it is my humble request to lagislature as well as judicial bodies that Domestic Violence Act is 99% misued and only 1% efectively used in the society so please while women has equal right to husband and when you all are shouting that women are equal to men than why this difference why simpathy for her only and why you do not think for husband and husband’s family. I want to give this message to all judiciary including Supre COurt Judges and All High Court if any one can do it please do for the partiality is spreading in the act and to remove act.

    Now a days if courts are fails to observe that all husband feel tention to tell anything to wife or to rectify the mistake of the wife and in this Indian country which is known for culture and it is a define as “Purush Pradhan Desh Jya Stiryo Pan Purush Samovadi Che” it is wrong or the act is partial one.Don’t give judgment with sympathy as court and effective law can’t go on the pillar of sympathy and it becomes partial only.

    I have many more reaons and clarification on this point that Domestic Violence act is partial only.

    Thakkar Mohini
    Ahmedabad.

    Like

  6. 6 manish tiwari December 14, 2010 at 11:38 am

    I have been falsely implicated in domestic violence act 2005,by my wife,and my 83yrs old father n 73yrs old motheralso.
    My wife left on her own thrice leaving the children age son13 n daughter 6 on her own with me.This act is going on since last3yrs.
    now i dont no how to fight it I NEED HELP ON THIS PLEASE HELP ME

    Like

  7. 7 rakeshjain August 16, 2011 at 10:02 am

    me too victim of 498a and Dowry Probihition Act. I want suggestions how to face all this and i am ready to send my case documents. Tanq.

    Like

  8. 9 Abhijat Gupta January 9, 2012 at 5:49 pm

    My name is Abhijat Gupta. I would like to bring a true and unusual
    story so that we can get proper guidance from you.

    We used to live in Palam Colony since 1980-2005. We are five members,
    my father , my mother, my elder brother, me & one sister. We used to
    give our ground rooms on rent. In 1996, we had a tenant Amarjeet
    Reehal. He was very cunning, criminal background( we came to know
    later on). He used to come to our house on regular basis. He was
    treated us his own brothers & sister. Some day I noticed his doubtful
    intentions. I raised my voice against his visits to our house but my
    mother instructed me to mind my own business. Then I couldn’t raise my
    voice as we all were in the influence of my mother. In 2004, I came to
    know that he wanted to marry my sister. My father simply rejected his
    proposal as he neither our cast nor our status. He threatened my
    father to face the consequences. Then he spreaded some letters in our
    neighbourhood like newspaper. Our neighbours started hate & don’t
    speak to us as they have read the letters. My father sent my sister to
    our relative so that she can stay safe. After that, Amarjeet tried to
    take our furniture material from our varanda. On seeing this, my
    mother raised her voice then the tenant(Amarjeet) dragged my mother
    from first floor through stair-case. On hearing her voice I came
    down-stair to rescue my mother then they released my mother & caught
    me to give hard beat & I got 7 stitches in my forehead. Nobody from
    our neighbourhood came to rescue & help us as they knew the whole
    story. We caught into 4-5 false cases filed by Amarjeet. After that,
    whenever he saw any one of us alone, he gave us beat as he was much
    stronger then us. He retained the rented accommodation & denied to
    vacate the same as he take permanent injection in our house due to his
    cunning nature through District court. We were in a very high problem
    at that time. Then my father decided to sale the house to get rid of
    tenant but we were unable to sale the house as nobody was ready to buy
    the house with the retained accommodation. Then my father sold our
    double storey house at very low price to save us & we shifted to
    Gurgaon in 2005-06 but cases were continue with their tortoise speed.
    Inspite of this, my mother didn’t change her nature & kept start her
    arrogant & outspoken nature. During a date of court father of Amarjeet
    Reehal, handed over some letters which were written by my mother to
    tenant in love with him. Tenant established the physical relation with
    my mother & my sister. My father was shocked on reading those letters
    but have not disclosed anything to my mother & to us. He kept love her
    like before.
    In 2008, my elder brother got love marriage with Ms Manisha Gupta.
    After sometime, my mother started teased my sister-in-law for dowry.
    She asked my elder brother & me for the same. Me & my elder brother
    approached to my father for this but he showed his unability to solve
    this & advised my elder brother to live separately as he didn’t want
    any case from my sister-in-law in account of dowry & all as he already
    faced so many cases & police.
    My elder brother left the home in the month of May in the same year.
    Then it was my turn to be faced the problem caused by my mother. My
    mother started to demand more money in the form of salary for
    house-hold expenditure. Me & my brother used to give a huge part of
    our salary to our mother only in order to cover the house-hold
    expenditure but my mother always created the problems for my father
    for having more money.
    That time my salary was 5500/- & I used to give 3500/- to my mother
    for house-hold expenditure but that was not enough money according to
    my mother. She always prepared the food which I didn’t like to
    have;hence I had to go outside to having food.
    My mother was looking for a match for me with lots of cash. I simply
    denied to marry with her match as I believe in good nature not in
    money & dowry. One day, I recorded their(my mother & sister)
    conversation & came to know that my they were planning to give me a
    beat for some gunda in their contacts. Then I left my home also
    without saying anything to my father & mother and started to live in
    the rented accommodation. My mother always called my elder brother if
    she required anything but never called me till I lived in the said
    accommodation. She has not stopped to tease my father even we both
    left the home to rented accommodation.
    My father got retired from the service on 30 June 2010 & was getting
    pension of 10000/- per month. My father used to give 6000/- per month
    to cover the house-hold expenditure as there were 3 members only. My
    mother is lady of extra-expenditure nature. My father kept informed
    about the limited income through pension but all in vein & they kept
    teased my father for more money. My father couldn’t bear this kind of
    behaviour of my mother & started to live in Vrindavan for 20-25 days
    alternatively. I came 2-3 times to my parental house on calling of my
    elder brother only.
    In the month of May, my father met with an accident at Palwal. When I
    came to meet my father then I came to know that my mother & my sister
    used to gave beat to my father for more money, they snatched money the
    money & stolen the money from his pocket as he was not having lock &
    key in his own home. They put my father to outside work when we was
    not in position to work even due to his old age.He told me that my
    mother retained the property papers & tried to endorsed in their name
    so that they can sale this house in our absence. My father asked me to
    come back to him as he required special care in his old age. On
    hearing this, my mother quarreled with my father as she didn’t want me
    to shift there & my mother warned me to be ready to face the
    consequence if I shift there.
    On 12 June 11, I shifted to my parental house with half of my luggage.
    On that day, I was accompanied with my elder brother & we had not chat
    with our mother & not seen her even & then we moved to our rented
    accommodation. On reaching my rented accommodation, I received the
    call from the local police station to meet with them at my parental
    house as my sister lodged a complaint against me to TRY TO ATTEMPT
    RAPE WITH HER. Police had enquired the reality from my father. I
    informed the same to my some relatives. They reached our home about
    11pm. They talked to my mother & sister about this & they were
    embarrased for this & assured them to take the complaint back..
    My father asked them about the property papers. They told us that they
    have lost the papers somewhere in the house & they were try to find
    them out but reality was different. My neighbours informed about their
    intentions. Then my mother & sister started to created unpeaceful
    atmosphere for us & call to PCR and the local police harasses us as
    police is not ready to listen to us and they are taking the advantage
    of being the lade as whenever the police comes, my mother & sister
    start to crying before the police and police considered them as victim
    and harassed us in spice of listen us carefully.
    My mother & siser filed the case of Domestic violence against me, my
    elder brother & my father.
    Please suggest us the way out of this pathetic & pity situation.

    Like

    • 10 Roop kumar June 6, 2013 at 7:17 am

      VERY VERY PITY SITUATION.
      FIRST OF ALL UR DAD SHOULD UNDERSTAND HIS RIGHTS AS AN OWNER, HE SHOULD PLAN VERY WELL AND MOST IMPORTANTLY EXECUTE IT. He can get the copy of house documents from the sub-registrar which will help him to deal with the property. thereafter some how sell the property at any price and move to a rented accomodation and if he files the I.T RETURNS ,SHOW IN THAT HE SPENT ALL THE MONEY IF IT IS H.U.F OR IF BOLD KEEP IN AN F.D WITH NOMINEE DONE. THEREAFTER WITHOUT ANYONE KNOWLEDGE SHOULD FOREVER EITHER ABONDON YOUR MOM AND SIS OR FILE FOR DIVORCE. MOST IMPORTANT DO ASK HIM TO MAKE A WILL AND REGISTER IT. ALSO KEEP IN TOUCH WITH SOME GOOD ADVOCATE, EXPERIENCED ONE

      Like

  9. 11 anand February 23, 2012 at 2:12 pm

    perhaps yr mother and sister are using their sex appeal to get things done.

    yr father should take a hard step by killing both of them and then should go to some ashram…….india is very big…….and live his life peacefully, dedicating himself to the society.

    Like

  10. 13 shepard April 17, 2013 at 12:12 am

    What’s up, yeah this post is genuinely fastidious and I have learned lot of things from it on the topic of blogging. thanks.

    Like

  11. 14 ship_ship55@yahoo.com June 19, 2013 at 5:34 am

    GOOD DAY SIR THANKS FOR UR WORDS BUT MY WIFE BROTHER WAS GIVEING LOT OF TENSHIONS IN MY FAMILY AND HARRASHEING ME FOR MENTAINANCE OF RS 15LACKS HE BOOKED AGEINST ME IN COURT DV ACT CASE IPC 498A GOING TRAIL PAST 7MONTHS LAST TIME I MISS TO ATTEN THE COURT ALONG WITH MY FAMILY .MY LAWER ALSO SUBMITED PETTION FOR ABSENT. BUT 10TH METROPOLITANT MEGISTRATE WAS REJECTED AND ISSUED ARREST WANT

    NOTE : I JUST WANT TO KNOWE WHAT HE DONE IS RIGHT ARE WRRONG CAN ANY ONE TELL ME THE REPLY FOR THIS REQUEST PLS
    THANKS BST RGDS
    A. SYED TURAB ALISHA 09886631280
    EMAIL: SHIP_SHIP55@YAHOO.COM

    Like

  12. 15 sudhir August 8, 2013 at 7:36 am

    very very good help.

    thanks

    Like

  13. 16 Vijay November 29, 2013 at 11:01 am

    Hello Everyone,

    VIctim 498a
    wife a decade old to me lived in delhi and filed the case in U.P. 350 km far away after 3 months i ahve been to jail father heartattack and grandfather death all because of this.
    My child 6 yrs stays with me

    both CAW AND INITIAL INVESTIGATION – cleared me off the charges

    but she move court and court order a FIR ignorin the CAW report and initial investigation report.

    Now i have DV which for which summons are yet to be received.

    How can i take care of my ailing father my mother and my child and my job.

    proofs i have:

    Video footage
    Call recrods
    GOvt Hr department letts stating my presence with date and time
    CAW report
    Initial inestigation report

    i know i will be aquitted but my case is on stay for quash as i dont want my parents to go to jail as that happened to me.

    Jail was a nighmare for e who is a common man . I have never even slapped my wife as she has given stron mental torture to me my saying i will ill your daughter i will do suicide and i will put you in false cases all my 8 years of marriage i have been scared to go to my home as she uses to pick up fight

    please help me…

    or else luv me when i am gone!

    Like

    • 17 True Husband who is cheated by Dog wife October 24, 2015 at 8:50 am

      Vijay I been there…..so grow a pair and be a man….thats very first thing I can say to you….its been 3 years same thing happened to me also. you have world’s best gift with you…your child….just look at him\her face and they try to die…you cant.!! I know. You have survived the hard part now you need to do what shri krishna did in mahabharat….tit for tat…..when all this things end..you need to man up and do the counter cases against your wife and you know what bro…this 498a is non cognizable offence so if they cant prove that your guilty you get free divorce from that bitch,(sorry?) but you can send her to jail also. (minimum 2 years, max 7 years)..so fight fight fight and you will raise your child like a champ….best of luck man

      Like

  14. 18 rescue files April 30, 2014 at 7:34 am

    Hi there, yes this article is really nice and I have learned lot of things from it on the topic of blogging.
    thanks.

    Like

  15. 19 Vincnet December 28, 2014 at 3:58 pm

    Punish the arrogant and fraudulent brides for filing false DV cases. Also, investigate motives of the NGOs, especially Christian NGOs, who instigate newly married brides to file cases and screw more and more money out of husband.

    Like


  1. 1 Justice Shiv Narayan Dhingra « 498agladiator Trackback on October 17, 2011 at 6:47 am

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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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