Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Summary The Supreme Court has ruled that men facing false domestic violence (DV) cases can approach the High Court to get them quashed under Section 482 CrPC. Earlier, many High Courts wrongly believed that DV Act cases are civil in nature and can’t be quashed. The Supreme Court has now made it clear—DV cases, even […]
Summary In this case, the Allahabad High Court refused to cancel the domestic violence case filed by a mother-in-law against her daughter-in-law and her family. The court said that even a mother-in-law can file a case under the Domestic Violence Act if she is harassed. But the background shows a deeper issue: misuse of laws […]
Court: BOMBAY HIGH COURT Bench: JUSTICE A.P. Bhangale ADVOCATE RAMESH & ANR. Vs. STATE OF MAHARASHTRA & ORS. On 13 June 2011 Law Point: “Reside” — Meaning of expression — It implies something more than a casual stay and concrete intention to remain at particular place but not merely to pay casual or flying visit […]
Live in Relationship in India: Indian Society, which prides itself on ‘sanskar’ and ‘family’, is undergoing a metamorphosis in the Twenty-First Century. The Familial bonds are weakening. Also, many people stay away from their families in cities, mini-metros, and metros. These people staying as singles get into relationships more often than any other generation and have started a trend of […]
Domestic Relationship, Shared Household and Matrimonial Home as Per Protection of Women from Domestic Violence Act, 2005 (PWDVA, 2005) There is a lot of confusion amongst our brethren regarding terms like domestic relationships, shared households and matrimonial houses. Especially to those who are facing cases under the Domestic Violence Act and the woman is seeking […]
Domestic violence is violence committed by someone in the victim’s domestic circle. This includes partners, ex-partners, immediate family members, relatives, and friends. The term ‘domestic violence’ is used when there is a close relationship between the offender and the victim. There is usually a power gap between them, and the victim is sometimes dependent on […]
Interim and Ex-Parte Orders in Domestic Violence Case – FAQs I don’t know how many people are aware that initially, maintenance provisions like CrPC 488 of the Old Criminal Procedure Code and CrPC 125 did not have a provision for interim maintenance. The same was added later as it was seen that there was a tendency […]
Residence Order Under DV Act The right of Residence under the DV Act in India provides many remedies for women. The initial thought behind drafting this Act was to bring a comprehensive act which includes various reliefs available to women under different Acts. The right of Residence under the DV Act or providing for Residence […]
Court: Madras High Court Bench: JUSTICE P.VELMURUGAN Vijesh vs Arya on 25 January, 2021 Law Point: Case instituted against petitioner husband on sole intention of harassing respondent not established bona fide reason for temporary residence. case dismissed JUDGEMENT 1. The first petitioner is the husband, second and third petitioners are the parents of the first […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Bhupender Singh Mehra Vs. State Nct Of Delhi & Anr. On 8 October 2010 Law Point: Before passing an order on application under Section 12 of the PWDVA 2005, Magistrate has to take into consideration domestic incident report received from the Protection Officer. Aggrieved person does […]