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Roshni B.. (For justice and dignity)     28 December 2010

HC allows woman to reside in in-laws'' house under DV Act

 

HC allows woman to reside in in-laws'' house under DV Act

 

New Delhi, Dec 22 (PTI)

Coming to the rescue of a woman who claimed right to residence in her in-laws'' house under the Domestic Violence Act, the Delhi High Court has allowed her to stay till she finds an alternative accommodation.
Directing the husband to pay Rs 45,000 to his wife as maintenance and Rs 30,000 towards her house rent, the court, however, asked the woman to look for an alternative house to reside once her husband starts paying her the amount within six weeks.
"If the court can look beyond the facts, and in a given case conclude that the overall conspectus of circumstances suggests manipulation by the husband or his relatives to defeat a right inhering in the wife, to any order under Section 19, such "lifting of the veil" should be resorted to.
Therefore, the plaintiff indeed has a right of residence under the Domestic Violence(DV) Act," said Justice Ravinder Bhat.
While allowing a petition filed by Evneet, who sought an order to reside in the South Extension part-II house which is claimed to be owned by her mother-in-law under the DV Act, the court directed parties, including her husband Prashant and mother-in-law-Kavita, to appear before the court handling cases under the DV Act for compliance of the order on January 4, 2011.
The court also disposed of another petition filed by Kavita seeking a direction for eviction.
She claimed to be the sole owner of the property and said her son (Prashant and daughter-in-law (Evneet) have no right to reside in the property bequeathed to her by her father.
The court also rejected Kavita''s argument that her son and daughter-in-law have no right of residence in the property.

 

https://news.in.msn.com/national/article.aspx?cp-documentid=4730223



Learning

 34 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     28 December 2010

IF SHE IS NOT COMFORTABLE WITH HER IN-LAWS THAN WHY SHE WANT TO RESIDE IN THEIR HOUSE. INSTEAD IT IS A CLEAR CASE OF GREEDYNESS OF WOMEN TO GRAB PROPERTY OF OTHERS.

 

IF SHE HAS SOME SELF RESPECT SHE SHOULD STAY AT HER PARENTS HOUSE.

 

 

THIS IS BLACKMAILING AND LEGAL TOOL OF EXTORTION

 

 

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. 

 

MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

 

THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

 

FILE  REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010

 

If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

 

The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all.

 

In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

This blackmailing by wife's must be stopped forthwith.

 

 

 

 

Roshni B.. (For justice and dignity)     28 December 2010

dear mr. bhaskar

 

i told u earlier also to file PIL in court and present your grievances...u are not doing it,but polluting LCI continuously with same messages over and over again...now it's getting very boring to read them repeatedly...wenever i see your name in any thread,i already know beforehand wot u may have posted..there's no novelty in wot u write

wots ur intention?to change people's minds by force,because you may be fined if you do so thru PIL???

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     28 December 2010

 

Dear Madam,

I do not understand why your are syaing theat i am polluting LCI by such posting.It is you who is posting biased judgements on the LCI and polluting it.

If you are not able to maintain yourself then you should work to earn the money instead of snatching /bagging for others money.

Your type of lady dont want to do anything for husband and just want money.It is shameful.

YOU ARE THE BIGGEST POLLUTER ON THIS FORUM.

Thanks


(Guest)

 

Mr Bhaskar
 
   Roshni B just added the judgement of  the court.
 
A woman after birth of a son gets divorce from husband and marries another man who is a rich one.
After second marriage she forces the new husband to adopt the child otherwise to file dv case.
No doubt she is a very cunning woman.But the same woman was suuported by the second husband in 
the first divorce.Now he feels what  the first husband suffered when he had to give huge amount
 as alimony  and even they (wife and the second husband ) took away the son from the father.
 
Now what can be termed  the second husband who married the girl who took huge amount as alimony?...
 
A male prostitute??
 
1 Like

Roshni B.. (For justice and dignity)     28 December 2010

Originally posted by :Bhaskar
"
 

It is you who is posting biased judgements on the LCI and polluting it.

If you are not able to maintain yourself then you should work to earn the money instead of snatching /bagging for others money.

Your type of lady dont want to do anything for husband and just want money.It is shameful.

YOU ARE THE BIGGEST POLLUTER ON THIS FORUM.

Thanks
"

i am not a judge to post judgements...i am simply posting news,to which "intellectual" persons like you respond..thanks anyways for putting me on the pedestal of a judge

 

where did i say that i am an aggrieved married woman who's demanding maintenance from her husband...tell me where did u read it that i am a married person..i am amused with your reply...please post the statements whr u read so..

 

lastly i repeat....y dont u file a PIL instead of wasting your "grey cells" in LCI?r u afraid of getting fined,just the way one man got fined by HC the other day?

OR.....

Tajobsindia (Senior Partner )     28 December 2010

Originally posted by :utpala kaur
" A male prostitute??

 
"

Be warned to brush up your vocabulary a bit……

Unlike Ms. Indira Jaisingh who is hanky parking before Hon’ble SC for that ‘Keep’ word thus there is no marker in Queens Language to call a male person indulging into such acts to be called as a “male prostitute”.


Infact prostitute word is synonymous to women world over and do you want LCI based prudent members to expand these so called special words for once befit of doubt…….… No na !


So kindly reframe while pitching in usage of such words in a public platform …………….


(Guest)

certainly not  !!

.Because my aim was to ask Mr Bhaskar only who thinks all maintenance asking wives are PROSTITUTE.

..........kindly warn him not to use such words in public forum because prudent members if keep silence when this word is uttered against  woman then also forum gets polluted.

   

1 Like

(Guest)

https://www.lawyersclubindia.com/forum/Wife-getting-maintenance-acc-to-hubby-s-income-becomes-news-28148.asp

kindly read Bhaskar's post in this thread.

1 Like

Tajobsindia (Senior Partner )     28 December 2010

@ Ms Kaur,

I agree such words should not be used and yes I also agree that I didnot read his message as pointed but read yours and commented and it is un-intentional and non-partition (gender) based, meaning thereby I am not siding you and / or him.


Some dozen months back I already gave suggestion to LCI Admin. to use filter in this portal site where all these words will show as PxxxxxxxxE or as SxX but it all depends on implementation.

Bhartiya No. 1 (Nationalist)     29 December 2010

It is better o be just and rational, while posting any reply. If some one is victim then we have sympathy for them.

Moreover injustices are everywhere.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 December 2010

Ms.Kaur

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 December 2010

Marriage versus prostitution

Posted by iluvshrutiverma on December 27, 2009

This idea came to my mind, because a reader of my blog commented that “Men marry attractive body and women marry bank balances”. (It is comment number 5 at https://wp.me/plC3a-a9)

I went and searched for the definition of prostitution: The act or practice of engaging in promiscuous s*xual relations especially for money.

I searched for prostitution first, not because prostitutes interest me more than wives (if there is any difference between the two), but because I knew finding the definition of prostitution is going to be relatively easy task.

A general definition of marriage is that it is a legal and social contract between two individuals that gives legitimacy to s*xual relations.

So, both serve one main purpose, the purpose of physical pleasure. Now, let us evaluate the 2 ‘professions’ on the following 3 parameters – variety, switching costs, and quality.

Parameter Marriage Prostitution
Variety Very low

 

Adultery is a crime for men under IPC 497, while women can do it legally. IPC 497 applies only to men.

As desired

 

You can go to different service providers as per your desires. You are not bound by any ‘contract’ called marriage.

Switching Costs

 

(Switching from one woman to the other)

Very high

 

In order to switch wives, you would need to divorce the first one, and divorce is an expensive affair.

Minimal

 

There is no cost involved in switching commercial s*x workers

Customer Service Quality Low

 

The service provider doesn’t care whether the consumer is satisfied or not, he will still have to pay for her whether he continues to use the service or not.

High

 

Repeat business is a customer’s choice.

Hence, marriage is equivalent to prostitution in the following manner:

  1. You might get s*x in marriage

I am using the word ‘might’ because you can not have s*x against your               spouse’s wishes. So if you are lucky, then you will get s*x.

2. You are obliged to maintain the woman financially

 

But marriage is different from prostitution in the following:

  1. You have to pay for her irrespective of whether you get anything from her in return or not.

2. If you sleep with someone else, that is illegal.

To summarize:

Men do not even get from their wives what they get from prostitutes. Even if the wives were as good, then also marriage can at best be described as long-term prostitution unless the women of this nation start to take equal responsibilities of running the household.

https://wp.me/plC3a-aQ

Roshni B.. (For justice and dignity)     29 December 2010

Originally posted by :Bhaskar
"

 

 

Ms.Kaur,

 

You seems very frustrated women otherwise you have not commented like this.When your type of girls can't behave properly in such open forums then what can be expected in the family life .This is the main reason of divorce ,family disputes etc.

 

YE TO VOHI BAAT HO GAI KI CHOR KI DADI MEIN TINKA

 

 

For your kind information one interesting article is attached herewith.

 

PLEASE READ AND ANALYSE.

 

THANKS

 

« Wife’s mentally disturbed condition not enough to prove husband’s cruelty

LKG kids torture and assault a woman to death »



Marriage versus prostitution

Posted by iluvshrutiverma on December 27, 2009



This idea came to my mind, because a reader of my blog commented that “Men marry attractive body and women marry bank balances”. (It is comment number 5 at https://wp.me/plC3a-a9)

I went and searched for the definition of prostitution: The act or practice of engaging in promiscuous s*xual relations especially for money.

I searched for prostitution first, not because prostitutes interest me more than wives (if there is any difference between the two), but because I knew finding the definition of prostitution is going to be relatively easy task.

A general definition of marriage is that it is a legal and social contract between two individuals that gives legitimacy to s*xual relations.

So, both serve one main purpose, the purpose of physical pleasure. Now, let us evaluate the 2 ‘professions’ on the following 3 parameters – variety, switching costs, and quality.




Parameter

Marriage

Prostitution



Variety

Very low

 

Adultery is a crime for men under IPC 497, while women can do it legally. IPC 497 applies only to men.


As desired

 

You can go to different service providers as per your desires. You are not bound by any ‘contract’ called marriage.




Switching Costs

 

(Switching from one woman to the other)


Very high

 

In order to switch wives, you would need to divorce the first one, and divorce is an expensive affair.


Minimal

 

There is no cost involved in switching commercial s*x workers




Customer Service Quality

Low

 

The service provider doesn’t care whether the consumer is satisfied or not, he will still have to pay for her whether he continues to use the service or not.


High

 

Repeat business is a customer’s choice.





Hence, marriage is equivalent to prostitution in the following manner:


You might get s*x in marriage


I am using the word ‘might’ because you can not have s*x against your               spouse’s wishes. So if you are lucky, then you will get s*x.

2. You are obliged to maintain the woman financially

 

But marriage is different from prostitution in the following:


You have to pay for her irrespective of whether you get anything from her in return or not.


2. If you sleep with someone else, that is illegal.

To summarize:

Men do not even get from their wives what they get from prostitutes. Even if the wives were as good, then also marriage can at best be described as long-term prostitution unless the women of this nation start to take equal responsibilities of running the household.

https://wp.me/plC3a-aQ

 
"

 

Hats off to bhaskar for comparing marriage with prostitution!!

 

keep it up!!

 

i am sure he has great respect for his own mother who gave birth to him through ......................................

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 December 2010

Hi Roshni or Uthpala whosoever you are. First of all please note this is not my article so don't give any useless remarks to me. Second i have full respect for all the women exept those who are greedy and after money only at the cost of family relations.This comparison is true for them only not for all the women or wives. OK i have made my point clear. And by the way why you are taking it personally and why you are responding from two differnt id's. You will realise this only when such problem from any women comes in your family. Ok take care

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