About Domestic Violence Act

@ Author

Read thoroughly the below two posts and a much refined version challenging DV Act is still pending before Hon'ble SC based on which many a HC’s have granted stay of DV proceedings on one or the pretext latest being your Gujarat State’s case [BTW tell writers since you happen to be from Gujarat what happened on 10-03-2011 in the below case J ]


https://498amisuse.wordpress.com/2011/02/12/domestic-violence-act-gujrat-hc-on-retrospective-aspect/


1.

https://www.lawyersclubindia.com/forum/PWDVA-LAW-INTERPRETED-Part-I-21794.asp

2.

https://www.lawyersclubindia.com/forum/PWDVA-LAW-INTERPRETED-PART-II-21815.asp

If still in doubt then you are welcome to come to Hon'ble SC and challenge the same by showing courage and conviction if you really believe in Fundamental Rights as guaranteed under COI as you also say in one of your sentences in above post otherwise kindly sit back and enjoy till SC gives some views on pending challenge matter before her. 


[However, Indian Men's Rights group need ground level activists not too many question seekers !]

DV act has a dual nature just like light has a particle as well as wave nature.

it is a criminal sheep dressed in  civil costumes.

 

Thanks Avnish Ji, But I feel my questions remained unanswered which were regarding two kind of orders that can be passed against respondent. I wanted to know the scenarios or prima facie proofs relying on which Judge may pass such order as both these kind of order particularly the protection order clause simply says that on a single testimony of wife, respondent can be imprisoned which is congnizable and non-bailable. @TajobIndia Sir, Aap jis school ke head master hey woh school me meine abhi Jr. KG start kiya hey (came to know about these family laws since one year when encountered), So I expect at-least some degree of resonability in your so called GYAN because everyone tries to fight their own battle and in process may help others directly or indirectly which I do as a member of SIFF (Ahmedabad) by sharing various judgement and knowledge gained from internet and for which I don't require certificate from anybody. I hope you would understand above para of mine which is not at all personal and I am very thankful to you for reminding harrased husbands again and again about the importance of helping others while fighting their own battle. Moreover I am more so thatnkful to you because you (D. Arun Kumar) was the first one who shared two important judgement with me regarding crpc 125 in I guess june or july 2010. They were the first judgements ever I read by which I could better understand reasoning/thought process of law and Judges and since then I have been helping to various harrased people with the advice and judgements which might be useful to them by scanning through at least 5-6 judgements every week. I know it may not be enough but it is the best I can do as of now due to personal and physical limitations. Thanks, PC

@ PC

1. Get in touch with Atit

2. The idea was to make SIFF (Ahmedabad) chapter stronger

3. I am aware of your work there.


All the best.

1.1 For residence Order the prime facie trend is she should be not drawing any HRA and should be a destitute (principles of S. 125 CrPC applies). The husband should be having his own property as well as (may) be drawing an HRA.

1.2. For protection Order the prime facie trend is 'means of husband and willful neglect"

Hope you are satisfied with a crisp and short answers, now I still like you to read thoroughly the above two links as that writer wrote them nicely and brush up arguments and create from Ahmedabad chapter precedent on the go. .

Interested to know the outcome of Gujarat HC link mentioned above, any idea?.

 

It still showing a pending status.... next listing on 08/04/2011

https://gujarathc-casestatus.nic.in/gujarathc/casewise.jsp?hdnprint=dinesh&ct=CR.MA%3DCriminal&cn=750&cy=2011&button=Go