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Usernamess (Service)     05 November 2015

Domestic violence act section 17 - response

Hi All,

My wife has filed a Domestic violence case against me in 2012. Interim maintinence( 15,000) has been passed by judge in 2013 and i am paying the same every month. 

Recently  wife filed an application under section 17( shared household) on the dv act .

Wife is based in bangalore and i am based in mumbai. I have a flat to my name in mumbai which also has her name and my parents name in it , but its on loan.

How should i handle the reply to her application under sec 17 of he dv act. 

Regards

 

 

 

 

 

 

 



Learning

 8 Replies

AYAN (WEB DEVOLOPER)     05 November 2015

The world is actually female dominated. Women are 100 times more clever than men.

Women can do anything they want.

When a woman does social crime it is not a crime atall.

When a woman molests a young boy it's not a crime.

But when a man molests a woman it is crime.

When a woman does adultery it is not a crime .

But when a man does the same it is crime.

 

VERY INTERESTINGsmiley

 

I don't want to marry because I don't believe girls.

Usernamess (Service)     05 November 2015

Hi ayan thanks for the thought but please let me know if you know how we can handle dv section 17 application reply

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 November 2015

As per my knowledge , This section 17  also violative of Article 14 of the Constitution as the same is gender biased. Protection is alone given to women and there is no protection to the abuses of wife. Hence

SAINATH DEVALLA (LEGAL CONSULTANT)     10 November 2015

Mr Ayan,

U R wrong in UR assessment of women.Good and bad exists in both men and women.Can U state the status of 95% of women a century ago.It is the males that are responsible for the laws to be  in favour of women.

Dear querist,

The reply given by Adv Ramachary is apt.

 

Usernamess (Service)     10 November 2015

Dear Sir , thanks for the reply ,

As per my knowledge , This section 17  also violative of Article 14 of the Constitution as the same is gender biased. Protection is alone given to women and there is no protection to the abuses of wife. Hence what do you mean ?

What should be the reply in my application

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 November 2015

Before addressing the specific query, we must not say that the law is incorrect or biased to women. Some women mught be harassing and misuing the law. But there are still many houses where women are treated worse than animals , especially in the sub0urban and ruyral areas. These laws are necessary for protection of women who are harassed for dowry and other ancillay purposes. I know the laws are being misused but that is not a reason to disregard the sanctity to the same.

The said law is not violative of article 14 of the constitution as article 14 is subject to exception of article 15(3) which empowers the state to make special laws to protect the women and children of the society.

As far as this case goes, you need to convince the court as toi the fact that the domestic order is being sought to harass you, Why was your wife sleeping all this while? WHy suddenly after four years??? And anyway as per law she does not need a domestic order to stay in a house of which she is alreadsy joint owner as you stated. Howevber probably her laweyer doesnt know that.

ANyway file a reply statingf thast she has suffiuciebnt means of accomodation to stay in Bangalore and that there is no reason why she should be permitted to stay in bombay. Remember while passing a domestic order, court cannot disregard the other occupants of the house as well. Your parents will be harasssed if she is allowed to enter. Fight and oppose the applciation strongly.

Augustine Chatterjee

9999931153

SAINATH DEVALLA (LEGAL CONSULTANT)     12 November 2015

Rightly concluded by Adv Chaterjee

adv.raghavan (Advocate,9444674980)     12 November 2015

According to me section 17 is not maintanable in this case because, it does not satisfy the test of share household accommodation as envisaged under Section 2(s) of the Domestic Violence Act2005. You can contest the same on this ground and get it dismissed.


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