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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.

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Court Allows Mother-in-law’s DV Case Against Daughter-in-law – But What About False Cases Against Men?

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 […]

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Advocate Ramesh & Anr. Vs. State Of Maharashtra & Ors.

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 […]

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Interim and Ex-Parte Orders in Domestic Violence Case – FAQs

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 […]

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Compensation Order under Domestic Violence Act – FAQs

Compensation Order under Domestic Violence Act Compensation Orders under the Domestic Violence Act were envisaged, as DV is a comprehensive act to provide all remedies in one application to the aggrieved woman. So, among other things, a woman can also seek compensation for injuries and distress. There are many queries around the same, mainly because […]

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Vague Allegations does not constitute prima facie case of DV

CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri Nafisa Anjum & Ors. Vs. State Of Chhattisgarh & Anr. On 26 September 2018 Law Point: Omnibus allegations against petitioners — No averments that petitioners were part of shared household — Petitioners are not residing with husband of complainant/respondent and/or in any part of shared household — Domestic relationship […]

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Shared Household only where Aggrieved Person Continuously Resides

Delhi High Court JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: ‘At any point of time’ cannot be defined as ‘at any point of time in the past’ but where aggrieved person has been continuously living in shared household as a matter of right […]

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No Look Out Circular in Domestic Violence Case

Bombay High Court JUSTICE Anuja Prabhu Dessai Hardeep Singh Arora Vs. State Of Maharashtra & Ors. On 12 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005  Section 12 Domestic Violence  Restriction on right to travel abroad  False/misleading statement Personal vengeance Contempt of Court Petitioner-husband, not being an offender or accused in […]

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Domestic Violence Case Can not be used to Compel Husband into Submission

Karnataka High Court JUSTICE John Michael Cunha Surya Vadani & Ors. Vs. V. Kalaivani On 6 August 2018 Law Point: Domestic Violence — Wife has an axe to grind against her husband and not against petitioners-in-laws — She did not share residence with petitioners — She cannot have any grievance against petitioners — Petition initiated […]

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No Domestic Violence Case after Divorce as no Domestic Relationship remains

Gauhati High Court JUSTICE Ajit Borthakur Bismita Saikia @ Bismita Saikia Dutta Vs. Pranjal Dutta & Ors. On 20 April 2018 Law Point: Domestic Relationship Marriage between petitioner (wife), alleged aggrieved person, and respondent No. 1-husband dissolved by decree of divorce, domestic relationship automatically came to an end  Application under Section 12 not maintainable in […]

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Maintenance under S 125 to be Adjusted in DV Case

Bombay High Court JUSTICE P.R. Bora Vishal Vs. Aparna & Ors. On 13 June 2018 Law Point: Protection of Women from Domestic Violence Act, 2005 Sections 23, 20(1)(d) Criminal Procedure Code, 1973 Section 125 Interim maintenance Grant under DV Act, is not in addition to amount already granted in any other civil or criminal proceedings […]

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