Domestic violence

A women can file case of DV Act, but the only relief that court will grant is interim maintenaince nothing more than that, if you are expecting morethen you will get disappointed.

 

 

 

 

The case is filled with pariwar paramarsh kendra but husband and in-laws have not come to pariwar paramarsh kendra.

Also there are previous acts of physical violence and mental torture. What can be done then?  

She can file and Through dv she can ask for right to residence, protection order and other reliefs.

A wife has legal right of residence at the place of shared place of residence of her husband, this right she can claim under the DV Act.

The husband will be ordered by the Magistrate court to allow her to stay at the shared place of residence.

The only catch in this will be that the house where she claims the right to reside should be owned completely or partially or should be rented premises in the name of the husband, if that is not being in legal ownership or possession of the husband, the court will not order the husband to allow the wife to live there, in such case husband will be asked to provided independent place of residence for the wife at his cost.

In most cases the place where wife is claiming the right of residence is found to be owned or/and in legal possession of in-laws and not the husband and hence this right to residence at the same house becomes difficult. The husband in such case is ordered to provided a place of residence for the wife at his cost.

I partially disagree with Adv Vijay Raj Mahajan, when court will grant you interim maintenaince court will include the amount of rent while granting interim maintenaice. And needless to say his lawyer will also tell him the ways to avoid all these things.

 

You should download "few judgements" where complainaint succeded to get those reliefs and use her allegations as template for your complaint, then you will get to know how difficult it is to finding such "few judgements"

iF IT IS ONLYY 6 MOMTH SDELAY SHE CANFILE SDOMESTICVIOLENCE  CSE.cOPURT WIOULDIASUE  hostof orders such as  resdentila ights, ,medica examination, Medical expenses fo rinjuris sustained,  resdentilaorders, compensation,Maintennae and protection ordersetc.

If wife is guilrty ol leaving her huband on her own  for no fault of husband then she is not enitled to almony accordign to tthe below given case law. Please read  thegenral discussion on Domestic violence also in the below given dicussion. If you appreciate  trhis answer please convey my forum thanks...

Woman leaving hubby on her own not entitled to alimony: Court

PTI | Nov 02,2011

New Delhi, Nov 2 (PTI) A woman cannot claim maintenance from her husband if she leaves him out of her own “sweet will”, a Delhi court has held denying alimony to an estranged wife. The court said living separately from the husband was not sufficient for the wife to claim maintenance as she must prove that her husband had refused to maintain her despite having sufficient means to do so. “It is a settled position of law that one cannot take benefit of his own wrongs. Wife cannot walk out of the house at her sweet will and also claim maintenance from husband,” Additional Sessions Judge (ASJ) Rajeev Bansal said. The court gave its order on the plea for alimony by a woman of Malviya Nagar in south Delhi, challenging a magisterial court order, which had earlier denied her alimony. The sessions court too endorsed the magisterial court’s order saying she has failed to prove the circumstances in which she began living separately from her husband. “It is vital that the woman is painfully silent about the circumstances in which she left the company of her husband and started living separately from him. When the circumstances of living separately do not surface, adverse inference is to be drawn against the wife that she left the matrimonial home wilfully and with her own choice,” the judge said.

Man to share pension with estranged wife

TNN Oct 30, 2011

A retired central government employee will have to share his pension and other retirement benefits with his estranged wife and children.

Penalizing one Kishan for ignoring a court order to pay monthly maintenance, the high court said his wife had to take care of their kids, while he just had to maintain himself.

“Whatever amount the petitioner has received from the department as retirement benefits or as pension, the same shall be divided into three parts. The petitioner will keep one part and one part each shall be disbursed to his wife and daughter,” Justice Suresh Kait noted in a recent order while hearing Kishan’s petition. Kishan was working as an office assistant in a government department and moved HC against a trial court’s order for paying a monthly maintenance of Rs 10,000 to his wife from 2009. He challenged the court order to pay Rs1,200 a month to his daughter.

Cantt court orders Rs 65,000 monthly alimony to woman

Oct 19, 2011

Judicial Magistrate First Class (JMFC) Jai Kotnis of the Pune Cantonment Court granted Rs 65,000 monthly maintenance to a woman who had filed a case of domestic violence against her husband, in-laws and the mediator of their marriage.

Pallavi had married Rohit (both names changed) on May 11, 2005. “All the marriage expenses were incurred by Pallavi’s family and a huge amount was paid towards dowry. However, immediately after marriage, Rohit and his family began ill-treating her with constant requests of getting more money from her parents,” said Asim Sarode, who represented Pallavi in court.

During her pregnancy, Pallavi was in need of some good medical advice and treatment but Rohit and his parents shrugged off the responsibility because of which Pallavi’s parents had to look for good medical treatment. After giving birth to male child, Pallavi went to Jaipur to her maiden home.

“Rohit and his parents completely neglected me and the child for the next two-and-a-half months by not taking calls and cutting off communication with me,” stated Pallavi in her complaint.

Pallavi also mentioned that Rohit had reduced the monthly amount which he used to give Pallavi from Rs 80,000 to Rs 25,000, when his earning are more than Rs one crore per year. Considering Rohit’s earnings, Pallavi filed an application demanding Rs one lakh monthly maintenance from him.

The respondents (Rohit, his parents and the mediator) have denied these allegations saying that Pallavi is trying to extract money from them. They also stated in court that Pallavi had gone to Jaipur without Rohit’s consent. As far as reducing the monthly amount to Rs 25,000 is concerned, Rohit submitted that he had to pay installments of Rs 1.66 lakh per month for various loans.

After hearing both sides, the court observed that Rohit had not produced any document showing his current income. “On perusal of say of the respondent (Rohit) it is seen that he is paying monthly installments of Rs 1,66,559 for his personal loans. It can be thus certainly inferred that his income is not very less… I am not inclined to grant maintenance of Rs one lakh to the applicant (Pallavi)…At the same time, the fact that one child is dependent on Pallavi cannot be ruled out and she cannot be left at the mercy of her parents. Therefore, at this stage the maintenance of Rs 65,000 per month would be just and proper,” the court ordered. The amount is to be deposited in the court on the fifth of every month. The court also directed to provide rental accommodation to Pallavi up to Rs 15,000 per month.

“The court also directed Rohit, his parents and the mediator to not to cause any violence to Pallavi and ordered the senior inspector of concerned police station to give protection to the applicant as and when required as per the scope of Protection of Women from Domestic Violence Act,” said Sarode.

You could be co-owner of husband’s property

TNN | Oct 18, 2011,

MUMBAI: The state government is considering introduction of a bill that grants equal rights to a married woman in property acquired and controlled by her husband.

The state commission for women has recommended the bill to lend financial independence and security to women. The state women and child development department has convened a meeting of NGOs and legal experts on October 25.

Varsha Gaikwad, minister, women and child development department, said the commission submitted a concept plan of the proposed legislation and a draft will be discussed at the meeting. Realizing that the legislation could have a far-reaching impact, Gaikwad said her department also had plans to seek the people’s suggestions and objections.

The commission has asked the government to enact a Married Persons’ Equality Bill that will grant legal property rights to women, regardless of religion, caste, class or community, in their natal and marital families. It proposed inclusion of the wife’s name as co-owner at the time of marriage registration.

It recommended that real and personal properties acquired and/or controlled by either spouse before or during marriage are to be regarded as property “jointly owned” by the couple. But it said the provision should not be applied to properties acquired through gifts, inheritances, trusts or settlements, received by either spouse from a third person, except when meant for the benefit of the couple and their family. Even business assets and properties acquired by either after separation must be excluded.

While husband and wife will be joint owners, the commission proposed that written consent from either spouse will be necessary in case of an agreement of sale or borrowing or entering into any obligation related to a property, which is a part of the joint estate. Either side could go to the civil court to obtain a restraining order against any such action in the event of a violation. In cases of repeated breach, the violating partner’s power to enter into agreements for a joint property could be suspended.

The commission has proposed that in case of divorce or separation, the joint estate will be equally shared between husband and wife. “Often, after a marriage ends, the wife is left at the mercy of parents. With limited property rights even in her natal family, financial security is often compromised,” Gaikwad said.

With sections having reservations about certain provisions in the recommended bill, Gaikwad insisted that its contents will only be finalized only after public consultations.

We Two Are One

l All women, regardless of religion, caste, class or community, should have the right to property in their natal and marital families

l At the time of registration of marriage, a wife’s name should be added to documents of land or property ownership acquired by husband

l All properties acquired by either spouse (with exceptions) be regarded as jointly owned by the couple

l Consent of either side is necessary while selling or disposing of any such property

Not Part Of Joint Estate

l Properties acquired as gifts, inheritances, trusts or settlements received by either spouse from a third person, except in cases where these are meant for the benefit of the couple and their family

l An award or settlement of damages in court in favour of one spouse

l Money paid towards insurance policy

l Business assets

l Property acquired after separation

SC: Hindu woman has equal rights

Oct 14, 2011PTI

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.

A bench of justices R.M. Lodha and Jagdish Singh Khehar in a judgement said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favour of the daughters,” the court said.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” Justice Lodha, writing the judgement, said.

The term coparcener refers to the equal inheritance right of a person in a property. The apex court passed the ruling while upholding the appeal filed by Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging the Andhra Pradesh High Court’s decision not to recognise equal property rights of women along with their male siblings.

According to the apex court, the right that accrued to a daughter in the property of a joint Hindu family governed by the Mitakshara Law, by virtue of the 2005 Amendment Act, is absolute, except under certain circumstances.

The exceptions are (i) where the disposition or alienation, including any partition has taken place before December 20, 2004; and (ii) where testamentary disposition of property has been made before December 20, 2004

HC relief for in-laws in domestic violence case

Vaibhav Ganjapure, TNN | Sep 21, 2011, 04.21AM IST

NAGPUR: The Nagpur bench of Bombay high court has stayed notice issued under Domestic Violence (DV) Act, 2005, by JMFC court against a couple accused of alleged ill-treatment of their daughter-in-law. Justice Prasanna Varale also issued a notice to daughter-in-law Mamta Pandey and Maharashtra government directing them to file a reply by September 29. Rajendra Daga was counsel for the petitioners.

According to Daga, Mamta married Arun, son of Mahendra Pratap and Jayanti Pandey, both residents of Chhattisgarh, on June 27, 2007. Mamta alleged that between the period of engagement and marriage, her father had given Rs 7 lakh to her in-laws by way of demand draft as first instalment of dowry. During marriage, 25 tolas of gold were also given to Pandey family.

Arun was serving in Hyderabad where Mamta joined him after marriage. However, relations soon turned sour between married couple over alleged demand of dowry. Arun began ill-treating and harassing respondent’s wife. Arun allegedly even tried to strangulate Mamta.

Mamta’s torture continued till April 6, 2008, when Arun dropped her at her maternal home at Wadi in city apparently over her failure to bring more dowry. For about three years, she resided with her parents. On January 9 this year she filed criminal complaint against Arun and his parents under Section 498A of IPC. In the complaint she demanded a compensation of Rs 25 lakh for ill-treatment and harassment and return of gold given to Pandeys during the marriage. Additionally, she insisted on getting alimony of Rs 20,000 per month.

The JMFC court then issued notices to Arun and his parents that they challenged in the high court. Daga, pleading for Arun’s parents, contended that Mamta never resided with Mahendra Pratap and Jayanti Pandey and neither shared household. Therefore, there was no domestic relationship between Mamta and her in-laws as per Section 2f of Domestic Violence Act. He pointed out that they were related with Mamta just because of Arun. However, there were no specific allegations against them in the complaint.

Domestic violence cases drag on for years, say lawyers

Karthika Gopalakrishnan, TNN Sep 18, 2011, 02.19am IST

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¥V Kannadasan| Domestic Violence ACT

CHENNAI: Intended to secure speedy justice for victims, the Prevention of Women from Domestic Violence Act, 2005 mandates that cases should be disposed of within six months. However, lawyers at the Madras high court say there are several instances when cases have dragged on for as long as two years, primarily due to a lack of efficient supervision at different stages.

V Kannadasan, former special public prosecutor for the human rights court, is still fighting one such case on behalf of his client whose husband, a software engineer earning close to Rs 70,000, left her without any means to look after herself and their three-year-old daughter.

“He filed his counter only this week though we lodged a complaint against him in 2009. Our petition has not even been taken for an enquiry. The intention of the legislation is to get speedy justice for women,” he said.

While magistrate courts have the jurisdiction to entertain petitions under the Act, civil courts – including family courts – can try the case only if there is a related suit pending before them, Kannadasan said. The social welfare department could create awareness among its officers and the high court could also consider sensitizing the subordinate judiciary to help reduce the delay, he said.

The Act aims at safeguarding women from physical abuse, s*xual abuse, verbal and emotional abuse such as name-calling, specially with regard to not having a child or a male child, and economic abuse, wherein a woman is deprived of economic or financial resources.

D Prasanna, president, Women Lawyers’ Association (WLA), said the delay arose primarily during the counselling carried out just after a complaint is submitted.

“Once a complaint is submitted to protection officers who sit at the district collectorate in Chennai, an intimation is sent to the opposite party, calling them for preliminary counselling. The delay occurs here because several people don’t respond and so, notices are sent repeatedly. Authorities should arrive at a system where after a specified number of such attempts, the case will be referred to the magistrate for hearing,” she said.

Pointing out that a legal aid clinic had been set up exclusively for cases under the Domestic Violence Act at the high court, the WLA president said it would help to have a protection officer present in the same building. “We have two rooms which are furnished and airconditioned but one of them is always closed. A protection officer can be easily accommodated here. Surrounded by judges and advocates, protection officers will be persuaded to move files faster compared to an atmosphere where they sit removed from the court. It will help make the process more efficient,” she said.

‘Laws against domestic violence not fully successful’

Friday, 16 September 2011 01:01

PNS | New Delhi

Lok Sabha Speaker Meira Kumar on Thursday said laws against domestic violence across the globe have not fully succeeded, with over 75 per cent women falling victim to physical or s*xual violence.

Addressing a regional seminar of Asian Parliamentarians on prevention of violence against the fair s*x, Kumar said, “Despite two-third of countries in the world enacting laws against domestic violence, about 76 per cent of women have been victims of either physical or s*xual violence or both at least once in their lifetime.”

President of Inter-Parliamentary Union (IPU) Theo-Ben Gurirab said, “The challenges that all Parliamentarians and Government face is that we have not done enough, despite the existence of well-documented international instruments, to end violence against women. We must adopt laws that specifically tackle violence against women and must have the courage to enforce them.”

Addressing another session on “Process and challenges in developing and achieving law reforms on all forms of violence against women,” chairman of the Standing Committee on Rural Development Sumitra Mahajan said it was now well established under international law that violence against women is a form of discrimination against women and a violation of human rights.

“It is, therefore, necessary that at the beginning of any legislative process, a clear legislative goal must be defined. The goal of legislation on violence against women should be to prevent all forms of violence against women, to ensure investigation, prosecution and punishment of perpetrators of violence, and to provide protection and support for complainants or survivors of violence,” she said.

Numbers narrate stories of violence against women

Hetal Vyas, TNN | Sep 15, 2011, 05.29AM IST

BANGALORE: Vijayalakshmi, wife of Kannada actor Darshan, has opened a Pandora’s box on safety of women within the four walls of their matrimonial house.

A study conducted by National Family Health Survey (NFHS-3 ) in 2005-06 across India, released in 2009 and accepted by the health and family welfare ministry , says: “30.4% of married women in India in the age group of 15-49 years have experienced physical, s*xual or emotional domestic violence.”

The picture in Karnataka is better, with 18.2% of married women in this age group being subjected to physical violence, 3.2% to s*xual assault and 6.9% to emotional domestic violence. But the Bihar story is horrifying where the percentage of physical violence is as high as 56%. Tamil Nadu is at a close second with 40.2%.

The number of cases registered under Protection of Women From Domestic Violence (DV) Act, 2005, has increased to 7,802 in 2009 from 5,643 in 2008. Andhra Pradesh registered 2,710 cases under the DV act, the highest in any state in 2009.

The NFHS-3 has further stated: “81% of married women between 15 and 49 years, who have experienced physical or s*xual violence from husbands, have for the first time faced it within five years of marriage.”

“Being slapped is the most common form of physical violence that married women experience. Of 35% married women subjected to any form of physical violence, 97% were slapped and 1% of them experienced life- threatening violence in the form of being choked or burned or being threatened or attacked with a weapon,” the study said.

Union minister for women and child welfare Krishna Tirath recently proposed the idea of training first-class judicial and metropolitan magistrates on how to deal with cases filed under Protection of Women from Domestic Violence Act, 2005.

THE LAW BOOK SAYS…

The D V Act, 2005, came into force on October 26, 2006, all over India except in Jammu and Kashmir. The act is aimed at providing protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives. The law extends protection to women who are sisters, including adopted sisters and mothers.

Domestic violence under the act includes actual abuse or threat of abuse, whether physical, s*xual, verbal, emotional or economic. Harassment by way of unlawful dowry, demands from the women victim or her relatives also come under the definition of DV Act. Woman subjected to domestic violence can approach a protection officer appointed by the revenue department of the and lodge her complaint. She needn’t approach police to seek action.

IT’S RAMPANT

Elizabeth V S of the Centre for Women and Law at National Law School of India University said: “The fact is that domestic violence is widely prevalent in India. What happened in Vijayalakshmi’s case happens all over but does not come to light often. From top bureaucrats to coolies, they all beat their wives.”

Violent crimes against women

In 2009, 8,839 cases

In 2008, 7,698

Crimes include gang rape, molestation, abduction and dowry deaths

(Source: State Crime Records Bureau, Karnataka)

Courts can act even if a crime committed abroad

Sep 05, 2011 – S.S. NegiAsian Age Correspondent |  |

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Resolving a major legal problem of millions of Indians living abroad, the Supreme Court, in a significant judgment, has ruled that an Indian citizen can lodge a complaint with the police back home for an offence under the Indian Penal Code committed against him or her by a fellow citizen in a foreign country.
The judicial magistrate of the relevant jurisdiction has to take cognisance of all such cases registered by post from overseas with the police station of the jurisdiction in question, but a trial can proceed further only after sanction has been granted by the Union government.
Resolving a ticklish question of law whether the jurisdiction of Indian courts will extend to Indians living in different countries for an offence under the IPC committed there, a bench of Justices Altamas Kabir, Cyric Joseph and S.S. Nijjar ruled that an Indian citizen has the right to proceed against a fellow Indian in a court back home for an offence committed against him/her abroad. The court delivered this ruling, taking recourse to Section 4 of the IPC, in a dowry harassment case lodged by a woman from Andhra Pradesh against her husband from Botswana with the Sitharama police station in Andhra’s Prakasm district.

DV Act not just limited to harassed daughter-in-laws, says court

Abhinav Garg | Sep 3, 2011,TNN 03.18AM

The above answers of Sh. Vijay Raj Mahajan and Sh. Sarvanan are absolutely correct legal advice and you can proceed as per their advice.

Dear Anshu, 

There is no Limitation for initiating any proceedings under PWDV Act and what is required to be shown is that the applicant is an aggrieved person within the meaning of the Act. Futher, delay if any has to be properly explained . There are judicial pronomucements to that effect . 

th rest of the issues incidental have been properly catereed by  other Leraned members of the group.