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Kirti (ABC)     23 September 2010

Can wife be sent to shelter home?

If wife makes all false allegation on husband and his family and pray for shelter and maintenance under domestic violence act then -

Background story is – Wife made false allegation after two months of marriage on husband and his family under 498a, 504, ¾ Dowry probation etc. , police submits a final report that all the allegation made seems to be false and no evidence is collected, produced by wife during investigation. After 1 year of submitting final report case is converted as private complaint case and wife filled a Domestic Violence case against all that were in 498a case, again protection officer filled that wife did not stay with husband’s family during her matrimonial life she only lived with her husband during two month and husband stays 2000 km away from his family due to job and there might be dispute between wife and husband.

1)      Can wife be sent to District Govt. Shelter Home or Nari Niketan Grah, if husband does not have any property or home in his name and pray to the court that he doesn’t have home/ house/ property in his name but can bear all the expenses incurred if wife is sent to Shelter home?

 

2)      What are other remedies husband have in this case?



Learning

 9 Replies

Manish (It Professional)     23 September 2010

Similar question from my side .. Can a husband pray in the court to sent his wife to shelter home, if she can not come back due to different ongoing cases?

Tajobsindia (Senior Partner )     23 September 2010

Understand the belwo PERCEPTION FLOW in FAMILY LAW and then act accordingly;


1. U/s 17 (1) DVA wife is only entitled to live in a "shared household" - again right is it not so ?


2. U/s 19 DVA wife seeks Order for "residence" - again right is it not so ?


3. In presented brief before us, since a wife filed S. 498a IPC on "cruelty" grounds and further since wife has also filed S. 12 DVA using various Sections of The Act therein (i.e. S. 17,18,19,20,21 (your case applicable or not u know this better?) and S. 22 so; here you have to plead your life and limb at risk if she stays even at 2K miles away at your current HOME because she herself says that I'm "cruel" in various "forums", hence it is advised to both of you to file first thing a "restraining" "injunction" Application praying for wife not to approach your residence (at the time of filing as well as present one give both addresses) and then say for executing leave of her "Rights" upon you that, here are the list of Shelter Homes where she can "reside" and I am ready to meet the Shelter Home cost every month - now see the real test of all family drama will start once your above Application is admitted for Argument :-)


4. Above Para 3 last sentence 8 lines is how it (Shelter home to wife concept) works and if you all Authors want for each and every family law scenario a binding Citation then believe me even the best well reasoned Citation from Hon'ble
Apex Court does not give relief to many cases !. So one has to create first a perception and showing the phased infrences as in above argumentative manner get relief from the same Court which wife side approached "falsely".


Illustration 1:
In any maint. cases what is the perception wife's side Lawyers create ?

They say "Lordship the wife is on the roads" (well she might be living in a farm house - rural scenario and or she might be living in a cusshy palatial home of her father - urban scenario these two are the only cuase of action and before any feminist raise objections I am including the applicable two scenarios - again right is it not so !), "the child is left with her and is left hungry" and "she is at the mercy of her husband" and "husband is not fulfilling his duties"..........ding dong......tick tick there pops a maint. Order, (- again right is it not so) so here in such real time illustration what happened - the wife's side Lawyer threw a perception (generic way) palpatiable to normal humane mind (a Ld Judge is first a humane being then he is public servant - right na) that also in open Court where Husband is standing folded hand, shivering, sweating but all what happened with above bold quote and unquote was that the Ld Judge was immediately put in a BOX and he somehow wriggled his existence in the Court by AWARDING maint. [I am not talking here of paultry or princely sum which is subject matter of contentious debate as seen in cold war of recent past in LCI Forum] but a maint. is awareded is more important a feeling is what I am stressing ! 


Illustration 2:
 U/s. 22 DV Act wife asks for "child custody" Order. But there are perceptional Orders of various Trail Courts as of today's date where Husband (natural guardian) have got "custody order" under DV Act too whereas tell me is there any Apex Court Citation for such Orders ? No na..... so before Ld. Court it is all about creating perception and throwing infrences before the Ld. Judge a sort of situation where you are putting a Ld Judge into a BOX situation and now let him / her try to wriggle out and then pops a favour for you the husband herein !


So don't ask more questions now instead put application of (a perception) mind and get your way across only if you think this is the right facts of your married life !


Or try beating (perception) arguments now.......

Tajobsindia (Senior Partner )     23 September 2010

On lighter note;

”Or try beating (perception) arguments now......."



Good try to beat perception which is genesis of a women side Lawyers only as experienced in various Ld. Court trials, I also appreciate your shaky take and wondering what were the replies you as a Lawyer replied so passionately to women’s questions here in the forum all these days were about?..........Were they pure Point of Law or mixture of family Law clubbed with your philosophies (perception) or should I say those answers were too sentimental (perception) to your heart as a champion of women's rights Lawyer .............which is good in a way and appreciate your stance in taking up "cause" of dealing women’s rights herein and it is a compliment before you file a contempt upon this replier. Anyhow what you will get upon replier maximum S. 503 out of such contempt proceedings that also with lots of perception pleadings……..


Well was that not you here in the Forum who said nearly 2 weeks back the “reasoning” given by a Ld. Judge in a Judgment is HIS philosophies (perception) so when Ld. Judges can give their philosophies (social perception) to justify their reasoning then why get irritated upon above unique perception to beat “residence order” in DV Act which is the main bone or call it the main charm of filing DV Act now-a-days which even you will also painfully admit....….not to admit whatever….it is your perception !


Keep guessing now how many perceptions each individual can come up with in Family Law.....and why get irritated if a reply is sounding like philosophy (read again perception). 


(Guest)

it is right of wife to live in husbands home or equal status home. why husband shud not be sent to shelter home on his cost and wife live in his home?

1 Like

tortured_aathma (none)     24 September 2010

wife shld be sent to shelter home or to some govt. owned ashram.

in india time has changed and wife and husband are treated as equals so why husband shld take whole burden of wife?

1 Like

Kirti (ABC)     24 September 2010

@Dabang Lady - It is right of wife to live in husbands home or equal status home.
why husband shud not be sent to shelter home on his cost and wife live in his home?

Why didn't u read that husband doesn't have property or owned house?
If wife has right to live in husbands house then why husband does'nt have right to save himself from false allegation and miseries will be created by wife in future?

Everybody know how and what is the mentality of 498a women?

Another thing you have mentioned "why husband shud not be sent to shelter home on his cost and wife live in his home?" because wife is parasite? and husband should have right to keep away parasites.


(Guest)

I agree with this reply--------in india time has changed and wife and husband are treated as equals so why husband shld take whole burden of wife?

 

Every where the equalization of women had gone par beyond men,Everywhere women are getting reservations from "Road to Parliament"

From Right to Education to Right to Residence all belong to women.

Where women are lacking nowaday's,every girl is sought to be preserved like a monument as every state is adopting Beti Bachao Abhiyan,all eyes are on Women and Animals .

Rest all are plastic creatures in India to whom no need of generousity or any surviliance atleast as what is going on infavour of the Biased Laws.

Gud if a man can feed his stomach then why can't he feed 2-3 more stomachs but a women who can feed 2-3 stomach why can't she feed atleast her stomach.

No answers from any feminist group if matters related to equalization comes.

As every women are bound to get Right's but what are their contributions to their own family,their own country,their own society.....

No,they are presumed to be taken as Abla Naari even though they can atleast feed her,buy clothes for her,give a decent life to her but NO as from 200 years ago the same thinking is continuing even though the women has reached to moon,even though women has reached on Mars,even though women has become President,even though women has occupied the worlds largest MNc's as CEO.

Our Indian thinking has contaminated it can't be overulled by mere giving reservations,Rights or Favour Biased laws.

Because all these only creates Parasites to the Nation from whom only diseases will spread.....

 

Regards,

A sufferer....


1 Like

stanley (Freedom)     06 September 2013

 

Originally posted by : Member (Account Deleted)

People ask simple questions.  preachers give philosophies having no relevance to the questions.  Domestic Violence Act is a social welfare legislation and every provision ought to be interpreted in favour of aggrieved woman.  
 

This is all rubbish calling the act as a social welfare legisislation rather its a gender biased act . Nowdays spouses are on equal footing and this act is utilised by the urban greedy women to file false allegations .


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