Archive for the 'DV act' Category

Kapil Rastogi Vs Urvashi: DV Case – 2009

Kapil and his mother found themselves as the accused in a domestic violence case.

Kapil managed to get his mom out of it due to a provision in the DV Act that prohibits the DV Act from being filed against any women members of the family.

We need to thank god for his tender mercies and one of them is the stupendous stupidity he bestowed the draftees of this silly law with !

Is it a wonder that the Supreme Court called it a “clumsily drafted” law?

Here is the provision that allowed Kapil to get his mom out:

kapil-urvashi

Here it is the judgment:

Kapil Rastogi Vs Urvashi: DV Case – 2009

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AP HC: DV Act Not Retrospective – CRL. P. NO: 3714 of 2007

I finally got my hands on this judgment thanks to Aejaz_Legal, a reader who posted this judgment as a comment.

If you find yourself accused under the Domestic Violence act, and the accusations date from prior to the passing of this act into law (Oct/26/2006), you must know:

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”.

Here is the judgment:

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Delhi Court: DV Act Has No Retrospective Effect – Ashma Vs Afsar – CC No.311/8- Oct 2008

All of you aware of the injustice meted out to families unlucky enough to have welcomed a DV Act or 498A bahu into their homes.

Here is a judgment that may provide some relief to some of these families. A Delhi Metropolitan court has ruled that the DV Act has no retrospective effect.

The case is  Ashma VS Afsar,c.

You can download the judgment here: Ashma Vs Afsar – CC No.311/8

Here is the text if the link doesn’t work:

IN THE COURT OF SH. RAKESH KUMAR: ACMM: NEW DELHI
Ashma Vs. Afsar Etc.
CC No.311/8
Date of institution :28.07.2008
15.10.2008

O R D E R
Present: Parties with their respective counsels.
The applicant Smt. Ashma W/o Afsar has launched the present proceedings U/s
12 read with Section 17, 18, 19, 20 & 22 of the Protection of Women from Domestic
Violence Act, 2005 (hereinafter referred to as Act) against the respondents namely Afsar
(her husband), Imran (brother-in-law), Khused and Nizam (the maternal uncles of her
husband) with the following prayers:-
(i).that the respondents may be directed to secure same level of alternate
accommodation for the complainant as enjoyed by her in the shared house
hold or to pay rent for the same;
(ii).a protection order may be passed u/s 18 of the Act in favour of the applicant
and against the respondents;
(iii).monetary relief u/s 20 of the Act may be granted in favour of the applicant
and against the respondents;
(iv).compensation to the tune of Rs.3,00,000/- for damages including mental
torture etc. order U/s 22 of the Act may be passed in favour of the applicant
and against the respondents.
According to applicant the marriage/nikah of the applicant with respondent
no.1 was solemnized about 24/25 years back at parental resident of the applicant at New
Delhi according to Muslim rites and customs. In the marriage the handsome dowry was
given to the respondent. After marriage the applicant joined the matrimonial home at
Jafrabad. The marriage was duly consummated and three children were born out of this
wed lock. Soon after the marriage, the father of applicant and the applicant were scolded
CC No.311/8 Page no.1 of pages 4
by the relatives of the respondent on the pretext of insufficient dowry, particularly for not
brining the scooter. The applicant was also being beaten by them but she kept on
tolerating the same with the hope that one day the good sense will prevail upon the
respondents. She was being beaten with danda. Parents of applicant later on paid
Rs.25,000/-, Rs.15,000/- and Rs.7,000/- to respondent no.1, so that the life of the
applicant could change but they were not satisfied as their demand was raised to the tune
of Rs.50,000/-. Their greed became so grave that the maternal uncles of respondent no.1
incited him to put kerosene oil on the body of applicant and they even tried to put fire but
the applicant some how manage to save herself by saying that she would bring the
money. Ultimately, the applicant was kicked out of her matrimonial home in the year
1997 and her entire articles including the jewellery were retained by them. Subsequently,
the applicant came to know that the respondent no.1 got married with some one and
living with her without the consent of applicant. The applicant was left with no
alternative but to file a compliant at CAW Cell upon which FIR no.503/99 U/s
498A/406/34 IPC was registered at PS Ambedkar Nagar. The children of applicant were
brought up by her without having any resources and not even education could be
provided to the children. The respondent no.1 is earning handsomely. His income is
more than Rs.25,000/- per month. He is having a very big and luxurious house. The
applicant is now seeking protection, residence, possession of her stridhan, jewelly and
clothes etc. she is also praying for the award of compensation in her favour. The
application is supported by the affidavit of the applicant. Alongwith the application, the
applicant has also filed an application u/s23 of the Act for grant of interim relief to the
tune of Rs.6,000/- per month.
The respondents contested the application by filing the reply in which it is
claimed that the present application is totally based on wrong facts. Even to the
knowledge of the applicant herself she is not residing in Delhi, rather she is residing in
Kasba Baxer Village Sambhawali District Ghaziabad U.P. The applicant has intentionally
concealed this fact that she herself deserted the respondent no.1 on 14.01.1995.
CC No.311/8 Page no.2 of pages 4
respondent no.3 & 4 are not the resident of Delhi. As per the allegations of the applicant
herself the alleged act of domestic violence occurred in 1997 and during the period prior
to 1997 and that the present act came into force in the year 2005 and the act has not
retrospective effect and hence this application is not maintainable. It is further submitted
that the applicant herself willfully left the company of respondent no.1 on 14.01.1995
with her brother Sh. Mohd. Faroq on the pretext that she was going to meet her parents at
her native place. While going to her native place she took away all her gold and silver
jewellery and other valuable in a trunk alongwith two sons namely Mohd. Parvez and
Mohd. Javed. The respondent no.1 made repeated efforts for bringing the applicant back
to her matrimonial home but she remained adamant and did not join the company of
respondent no.1. Even notices were issued in this regard but they also brought no fruitful
result. It is denied that the the marriage/nikah took place in Delhi, rather it solemnized at
Kasba Buxer, P.S. Buxer, Village Sambhabli, District Ghaziabad U.P. It is specifically
stated that respondents never harassed to the applicant. Spending of amount of Rs.2.5 lacs
to Rs.3.00 lacs by the father of the applicant in the marriage/nikah is also denied. The
respondent no.1 is doing the work of Kabari and he is hardly earning Rs.3,000/- per
month. On the other hand the applicant is residing in Baxer Ghaziabad and she is earning
Rs.5,000/- per month from selling the Buffalo milk. Both the sons of the applicant are
also earning handsomely. The respondent no.1 does not have any house in Delhi. He is
living in one room accommodation with his son (from second marriage) in his mother’s
house. Since the applicant herself deserted the company of respondent no.1 and she was
never subjected to any injury, metal torture and imotional distress, so she is also not
entitled for any relief of compensation.
The applicant did not file any rejoinder to the reply of the respondents.
I have gone through the contents of the application and also the reply filed by
the respondents. I have also heard the Ld. Counsels for the parties.
It is an admitted fact that the applicant is not residing with the respondents at
her matrimonial house after leaving the same in the year 1997, rather she has been
CC No.311/8 Page no.3 of pages 4
residing with her parents since more than a decade. It is also not denied that after leaving
the company of respondent no.1, the application never came back. All the allegations of
domestic violence and harassment etc. pertain to the period prior to the year 1997 i.e.
much before the present Act came into force i.e. the year 2005. The Act also not does not
have retrospective effect. It is also not denied that the applicant as well as her both the
sons are the earning hands. As such in my considered opinion, the application is devoid
of merits and accordingly the same is hereby dismissed.
With this, the petition stands disposed off.
File be consigned to Record Room.
Announced in the open Court (RAKESH KUMAR)
today i.e 15th October, 2008. Addl. Chief Metropolitan Magistrate
New Delhi
CC No.311/8 Page no.4 of pages 4

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Indira Jaising Was Paid US $1,40,000 For “Staying Alive”

Folks,

I have always maintained that pussy politics is a very profitable venture.

How profitable?

A whopping US $1,40,000 or Rs 60,00,000 Lakhs (approx) a report profitable.

What am I talking about ?

Staying Alive for a $1,40,000 is what I am talking about.

Okay. Still didn’t get it?

You will…

On the first anniversary of the “clumsily drafted” domestic violence act, Indira Jaising had moaned  that an year after the law to protect women from domestic violence was enacted, it was being defeated by social prejudice, blindspots, brickbats from bloggers and searing criticism from the Justices of the Supreme Court in the form of Batra Vs Batra, 2007.

If you don’t know who Indira Jaising is, check out her resume to get an Idea:

Jaisin’s Bio

And here’s her picture:

In an article published in the Indian Express, titled Family against woman, she wrote that:

“One year is an appropriate time to evaluate the functioning of a law. However, there are no systems to do this on a systematic basis since there are no computerised data bases of orders and judgments. Given this, the Lawyers Collective, which was largely involved with this law in its formative stages, undertook the task of evaluating enforcement, using available data. The chief justice of India facilitated the collection of data from different high courts. Our report, ‘Staying Alive’, is based on this.

I started to read the report and realized it was nonsense. Bored me to death. (You can’t download the report as the Unifem link is dead)

Here is copy from 2012:

http://www.lawyerscollective.org/files/Staying%20Alive%205th%20M&E.pdf

I wondered about the time spent on developing this report; the pretty graphics to adorn it; the money spent on it. It must have taken many man hours to write that report and I am sure that unlike us activists, the practitioners of pussy politics don’t do things for free. After all, their livelihood is based on peddling slogans about “protecting women”.

To illustrate, A Guide To Surviving IPC 498A has been downloaded close to 100,000 times as of today. I wrote it at no cost except for the investment in time.

That brings us to the question. How many people do you think would have read ‘Staying Alive’? Ain’t that a colossal waste of cash?

I actually thought (for a short while) that she did it for free as part of her commitment to women’s issues. I can get a little delusional at times !

Here is a revelation.

UNIFEM paid the Lawyers Collective (meaning Indira Jaising) a whopping $1,40,000.00 US Dollars to write that report. That means Rs 60,00,000.00 (approx).

To truly understand the meaning of this princely sum, I want you to ask yourself if you’ll ever see that kind of money in your life, in one cheque, and for doing just one task.

I know that I won’t.  At least for not indulging in pussy politics.
Think about it this way: can you imagine the Chief Of Army Staff walk away with Rs 60,00,000 upon retiring, and after putting in 30+ years in the country’s service?

What about your neighborhood bank manager. Can you see him walk away with half that amount in his PF fund ?

And here is my question. What did she do with all that money? Please don’t tell me that the shoddy report consumed all the $1,40,000.00 US Dollars !

Here’s a snippet from the report: 

Here is the UNIFEM annual report that shows the breakdown of payments. The payment to Indira Jaising’s Lawyers’ Collective is on page 23:

http://www.unifem.org/attachments/products/AnnualReport2006_2007_eng.pdf

Here is the extracted page that shows the funding received by the Lawyers Collective:

Lawyers Collective UNIFEM $140K USD Payment For Report (extract)

Indira Jaising is the architect of the clumsily drafted Indian domestic violence Act whose most egregious provision is the right to residence.  She has been paid to do an assessment on her own work. Would you expect her to do an impartial assessment and not paper over the flaws in the law affecting the rights and lives of millions ?

Where is the integrity in this process?

Since we are talking about Indira Jaising,  I think you need to know about she said about the Indian police force.  See the article below:

Indira Jaising: “Torture And Police Brutality Are Endemic In India”

She should know. She enabled the extortion of Rs 40 Lakhs from an NRI  by aiding the jailing of his Delhi resident sister in a Calcutta jail for a month. The jailed lady was released after her NRI brother paid Rs 40Lakhs to his estranged wife. You can read about this here:

And did anyone wonder why the woman was jailed though she didn’t commit any crime…?

Hey ! What about due process rights of the jailed lady protected in Joginder Kumar Vs State Of UP? Did Indira Jaising think about the seminal judgment of the Supreme Court or for an instant?

And this egregious action was done by a supposed defender of Human Rights  and a constitutional lawyer !!

Aaaaaaahhhhhh!!

This is what pussy politics is about folks. The practitioners scream and shout about women’s right, but in reality, there is nothing done to empower women. There is nothing noble about this.  It is a business — a very profitable business where $1,40,000 can be paid for producing a silly report!!!

Is it a wonder that there is such a strong opposition by Indian pussy politicians to the amendment of 498A and the domestic violence act ?

Darn !

I am on the wrong side of pussy politics. There is a load of money to be made + the perks and lifestyle and access to power and privilege. All you need to do is shout yourself hoarse and claim your commitment to “womens issues” and play ostrich to the fact that over a 1,20,000 women have been illegally arrested by the corrupt and brutal Indian police since 2004.

It’s no wonder that the Indian police force is jumping on this  gravy train too, all in the name of protecting women

I leave you with what Madhu Purnima Kishwar has to say about feminism in India:

“Feminism in India has no integrity. You can’t trust it”

She is sooooo right !!!

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Judgments To Fight Accusations Under Domestic Violence Act

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:

Here is the judgment:

https://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:

https://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

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

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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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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

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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