Subject to
—————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

General Suggestions for victims of DV act

Preamble

1. Many unscrupulous women who have filed FALSE cases under the Dowry Act and IPC 498a and haven’t gained much out of these FALSE cases have now resorted to filing further false cases under the DV act

2. In practice, The DV act is as draconian or worse than IPC 498a, vis a vis husbands and their families. The DV act is more draconian with respect to grant of maintenance and accommodation to wife. Since money is a prime motivator of false cases, DV act is being misused for monetary gains.

3. For some strange reason the DV act considers ONLY WIVES as oppressed and ONLY THE HUSBAND as oppressor. Cases can be filed by women and husbands cannot filed cases under the DV act

What to do - INTERIM ?

4. Date of Notification of DV act. The DV Act was notified on Thursday, October 26th 2006 - Diwali for men !!

5. The media reports on notification of DV act are blogged at below URL for convenience

http://tinyurl.com/ywarqz
http://tinyurl.com/368drp
http://tinyurl.com/2p3zp9
http://tinyurl.com/39q4bt
http://tinyurl.com/32nnal
http://tinyurl.com/2lzs85
http://tinyurl.com/2udlyf
http://tinyurl.com/3e2fa6
http://tinyurl.com/2zpp57
http://tinyurl.com/26d8rq
http://tinyurl.com/2wyebm

6. In case your wife did NOT live with you BEFORE the notification of the DV act, i.e. on or before Thursday, October 26th 2006, you should appear at the court on the appointed date (date of hearing under DV act) and state that your wife did NOT stay with you since notification of DV act and so DV act is NOT applicable to your matrimonial relationship

8. In many cases the Judge would NOT be satisfied with this argument.

8. If the Judge is NOT satisfied, or IF your marriage persisted AFTER the notification of DV act, i.e. Thursday, October 26th 2006, seek an inquiry under the DV act by a protection officer who is to be appointed UNDER the DV act.

9. The State Govt. is responsible for appointment of protection officers under the DV act. Most states have NOT even appointed protection officers.

10. If NO protection officer has been notified for your area, approach the HC and seek a stay.

11. If a protection officer HAS BEEN notified for your area, by the State governement, seek an inquiry by the protection officer.

12. Decisions of the protection officer or the lower courts ARE POSITIVELY APPEALABLE even though they might be ordered under the DV act

13. Money, money, money…must be funny…in the rich man’s world…. Most women filing FALSE cases under the DV act are looking for money. They will try to claim rights over their husband’s property. The supreme court has found fault with the concept of shared household under DV act.

14. Please read the following blogs in Supreme Court’s directives and utilize the decision to the fullest extent

http://tinyurl.com/3dtwto
http://tinyurl.com/2mqte5
http://tinyurl.com/2ez8cs
http://tinyurl.com/326coj
http://tinyurl.com/2aed3o
http://tinyurl.com/26xgnj
http://tinyurl.com/2lunz4
http://tinyurl.com/yosll3
http://tinyurl.com/3xexwh

15. DV act is still un chartered territory.

16. The more husbands fight and win cases, the more your are making a path and name for yourself.

17. Every case you win WILL BECOME a judicial PRECEDENT and would be quoted by 1000s of future victims

18. This is the moment. Do NOT despair. Fight back and victory is certain.

Note : I welcome members comments to these suggestions

Date of Notification of DV Act.

From media sources

THE HINDU
Thursday, Oct 26, 2006
Domestic Violence Act takes effect today
http://www.hindu.com/2006/10/26/stories/2006102603671200.htm

Special Correspondent

It also covers harassment of a woman by way of dowry demands

NEW DELHI: The Protection of Women from Domestic Violence Act, 2006 comes into effect from Thursday, according to a notification issued by the Ministry of Women and Child Development.

Primarily meant to provide protection to the wife or a female live-in partner from violence at the hands of the husband or the male live-in partner or his relatives, the law also extends its protection to mother, sisters and widows.

The Act covers abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to a woman or her relatives also come under this definition.

The Ministry simultaneously issued another notification, which lays down the rules for the implementation of the Act.

They provide for, among other things, appointment of protection officers, service providers and counsellors.

Action to be taken in the event of a respondent breaching the protection order passed by a magistrate in favour of the aggrieved woman is also prescribed under the rules.

The Act seeks to cover those women who are or have been in a relationship with the abuser, where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption, in addition relationship with family members living together as a joint family.

An important feature is a woman’s right to secure housing. It provides for her right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household.

This right is secured by a residence order, which is passed by a court.

The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act or domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from domestic violence.

__________________________________________________________________________

Printed from

26 Oct, 2006 l 0223 hrs ISTlTIMES NEWS NETWORK

http://www1.timesofindia.indiatimes.com/articleshow/msid-154378,prtpage-1.cms

NEW DELHI: A legislation that gives women, married or in live-in relationships, far reaching legal protection against abuse or “threat of abuse” comes into effect from Thursday.

The Protection of Women from Domestic Violence Act 2005, cleared by the President on September 13 last year, will finally be enforced.

The Act had attracted some criticism for being open to “manipulation" as it provides for wide-ranging powers to women.

But the law is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male partner or his relatives.

The ambit of the legislation has been widened to include persons who have “shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption in addition to relationship with family members… Even those women who are sisters, widows, mothers, single women or living with the abuser are entitled to get legal protection”.

Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic, said a statement from the ministry of women and child development (WCD), which issued a notification on Wednesday to bring the act into force.

This also includes harassment by way of unlawful dowry demands to the woman or her relatives. WCD minister Renuka Chowdhury said, “The act will go a long way to provide relief to women from domestic violence and to get their due.”

The ministry has simultaneously issued another notification laying down the rules framed for implementation of the act which will provide for, among other things, appointment of protection officers, service providers and counsellors.

Besides physical violence of beating, slapping, hitting, kicking and pushing, the act also covers sexual violence like forced intercourse, forcing a wife or mate to look at pornography or any other obscene pictures or material and child sexual abuse.

It also includes verbal and emotional violence such as name-calling and insults. Preventing one’s wife from taking up a job or forcing her to leave a job are also under the purview of the act.

One of the most important features of the act is the woman’s right to secure housing, the statement said, adding that it provides a right to reside in the matrimonial and shared household, whether or not she has any title in the household.

The act provides for breach of protection order or interim protection order by the respondent as a cognisable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs 20,000 or both.

The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused and isolating any assets used by both the parties.

__________________________________________________________________________

International Herald Tribune

Tough new law protecting Indian women against domestic violence takes effect
The Associated Press
Published: October 26, 2006

NEW DELHI Men who beat, threaten or yell at their wives or live-in girlfriends could be jailed and fined under India’s first law specifically targeting the often-tolerated problem of domestic violence.

The new law, which took effect Thursday, also applies to men or their families who harass wives for larger dowries, the government said.

The measure aims to prevent cases in which a husband or his family kills a wife because her family did not give a big enough dowry.

The Domestic Violence Act defines abuse broadly, including verbal, physical, sexual, emotional and economic mistreatment. Violators face up to a year in prison, a fine of 20,000 rupees (US$435; 360), or both.

“We have been trying for long to protect women from domestic violence. In India, around 70 percent of women are victims of these violent acts in one or another form,” said Renuka Choudhury, the junior minister for women and child development.

Attitudes toward women, especially among educated urbanites, have changed considerably in the past few decades. But much of the country remains conservative, and many look the other way when husbands abuse wives.

The framers of the new law made provisions for abused women to complain directly to judges instead of police, who often side with men and rarely act on abuse complaints by women.

Now, when a woman files a complaint the onus is on the man to prove that he did not abuse his wife. The law also ensures the woman’s right to stay in the family home.

Women’s rights activists and civic groups welcomed the new law.

“It’s a victory for the women’s movement in this country which has been fighting for years for laws that protect the basic rights of women,” said Ranjana Kumari of the New Delhi-based Center for Social Research.

However, she said the law needs to be backed by adequate implementation funds to allow federal and state governments to pay for protection officers and provide legal aid and counseling.

“While this is a giant step forward, it will only be meaningful if government sets aside funds to provide shelter and protection to a woman against further abuse if she files a complaint,” Kumari said.

Describing the legislation as a “tool in the hands of millions of women in India,” she said women’s rights groups would soon launch a campaign to educate women about the law.

A U.N. Population Fund report said up to 70 percent of married women aged 15-49 in India are victims of beating or coerced sex.

Baroness Cathy Ashton, the British Law Minister: “…in UK 25 per cent of all reported serious crime is around domestic violence …”!!!

So…., the “domestic violence” Industry may soon become global

>>>> From Tthe Hindu - Business Line >>>>
Laws of opportunity

Rasheeda Bhagat

Britain’s Law Minister makes a strong case for Indo-UK tie-ups for legal services.

She was in India last week mainly to talk to advocates and the judiciary about the opportunities that British law firms can offer India, if allowed to open shop here. “In a global economy India is poised in the next few years to become an even more important economic force, and we share the same language, the same legal system,” says Baroness Cathy Ashton, the British Law Minister whose ministerial responsibilities include administrative justice, human rights, international legal trade and information rights.

[...........more at above URL....]

Comments : Every year more men commit suicide that women. Yes, that is a fact and NOT some typo !!. Every year more men commit suicide. We believe a lot of that is linked to Harassment at home, a harassment that men suffer in silence

Now, Lo and behold !, askthma is connected to DV….. What next ??

>>>>>>>>>>> news from TOI >>>>>>>>>>>>>>>>>>>>>>

Domestic violence raises risk of asthma: Study
11 May, 2007 l 0439 hrs ISTlKounteya Sinha/TIMES NEWS NETWORK

NEW DELHI: In a first of its kind study that links domestic violence with the rising cases of asthma in India, researchers from the Harvard School of Public Health have found that women who are victims of domestic violence have a 37% increased risk of suffering from the common respiratory condition.

On the other hand, women who had not experienced domestic violence themselves but had witnessed such acts against other female members in the same household were at an increased risk of developing asthma by 21% in comparison to women who lived in violence-free environments.

Similarly, children aged between 0-4 years living with women who experienced domestic violence were found to be 30% more at risk of suffering from asthma.

The research team, led by S V Subramanian, assistant professor in the department of society, human development and health at HSPH, analysed data from 92,000 Indian households where domestic violence was rampant.

Each respondent was interviewed in one of 18 Indian languages. Respondents were asked if anyone in the household suffered from asthma, and were also asked about a personal history of experiencing or witnessing domestic violence.

Explaining the strong relationship between violence and asthma, Subramanian said exposure to violence affected the immune system and caused inflammation, which led to asthma. In addition, those exposed to violence adopt certain coping behaviours that predisposed them to asthma, such as cigarette smoking.

Speaking exclusively to TOI, Subramanian, who is an alumni of Kirorimal College and Delhi School of Economics, said, “Domestic violence is an extreme form of stress that affects psychologically, emotionally and physically. Till now, most research around asthma has been on its environmental risk factors like smoking and indoor air pollution. That’s why I looked at the social causes. The study found a consistent association between being exposed to, and having experienced, domestic violence and asthma prevalence. We expose another terrible health risk of domestic violence.”

According to WHO, India is home to 15-20 million asthmatics while spousal violence is rampant in India. The latest National Family Health Survey-III, carried out in 29 states during 2005-06, has found that 37% women reported being physically or sexually abused by their husbands at some time in their lives.

According to Subramanian, the survey has under-reported the menace of spousal violence and believes it to be between 50-70%.

kounteya.sinha@timesgroup.com
Source URL
http://timesofindia.indiatimes.com/TOIonline/India/Domestic_violence_raises_risk_of_asthma_Study/articleshow/2030533.cms

Friends :

There are 100s and 1000s of false dowry cases filed year after year. Even Supreme court of India has spoken against the misuse of dowry law.  Not just the husband, even elderly parents, sisters and other relatives are unfortunately arrested and humiliated.

News of arrest is splashed all across the net WITH little or NO REBUTTALS from the accused. Headlines and sub titles are added to further make men look like animals

Mind you, ALL THIS IS BEFORE TRIAL and any court has given a verdict. If this isn’t defamation ? if this isn’t trial by media, what else is ?

General suggestion to men who are harassed : The moment you suspect a false 498A case, one has to approach the court for bail …

I do NOT know if the case below is true or not, but I can see a matrimonial matter has been converted into a CRIMINAL case and dirty linen is washed in public

>>>> from The Hindu >>>>>>

Doctor held on dowry charge
`Conspiring to eliminate his wife’

NEW DELHI: A doctor posted at Safdarjung Hospital here has been arrested along with his father and elder brother on charges of demanding dowry and subjecting his wife to cruelty and criminal intimidation.

According to the police, 30-year-old Malti, a teacher with Government Sarvodaya Kanya Vidyalaya, has accused her husband Jwala Prasad and four other members of his family, including the doctor’s mother and sister, of subjecting her to mental and physical harassment and even conspiring to eliminate her. Besides the doctor, his father Phool Singh, a retired school headmaster, and brother Inderpal have been arrested and sent to judicial custody.

“The complainant has accused her mother-in-law and sister-in-law of abusing her and beating her up. Since the accusations against the two are not serious enough, they have not been arrested so far,” said a police officer.

Malti married Dr. Prasad on April 30, 2005. According to her, the two never got along well and their relations soured after her husband got admission to a post-graduate course.

“My husband and in-laws always taunted me for not bringing enough dowry. My status in the house was gradually reduced to that of a maid. My in-laws even tried to force me to go for a divorce. But I bore all this in the hope that my husband would mend his ways one day,” alleged Malti.

Malti told the police that her in-laws had even hatched a conspiracy to eliminate her and made her write suicide notes on two occasions.

“They again made an attempt on my life on Wednesday night and I finally decided to report the matter to the police,” said Malti.

However, a close relative of the doctor, Banarasi Das, alleged that she was acting under the influence of her brothers who had an eye on her money.

http://www.hindu.com/2007/06/09/stories/2007060908290300.htm

<<<<<<<<<<<<<<<<<<< More from Zee News Site !! <<<<<<<<<<<

Safdarjung doctor beats up wife for dowry, arrested

New Delhi, June 07: A senior doctor of Safdarjung Hospital was today arrested in northeast Delhi on charges of assaulting and harassing his wife for dowry.

Jwala Prasad, an ENT specialist, was arrested in New Usmaanpur on the basis of a complaint filed by his wife Malti, police said. The two had been married for the last two years.

In the complaint, Malti has accused Prasad of beating and harassing her after her family failed to meet his demand for a new car, police added.

Prasad`s father and brother have been also been arrested after they were named in the complaint by the woman, who is a housewife.

They have been booked under Section 498 a (punishment to husband or relative of a husband of a woman for subjecting her to cruelty) of the IPC.

Police said the woman had bruises on her body because of the beating.

Bureau Report

source URL : http://www.zeenews.com/znnew/articles.asp?aid=375812&sid=REG

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

regards, vinayak

Hi

>Cry from the Harassed Hubby
>
>i did not Ask any money in whole of our
>staying with her
>now she is saying i had physically and
>mentally harassed her for money..rs  ____ some
>lakhs/-

These days I come across 100s if not 1000s of FALSE extortion cases and FALSE dowry cases. Courts have condemned this. The law that was made to protect the woman, seems to be grossly mis-used to extract money from innocent men or to wreck vengeance.  I’m saddened to hear your story.

Do not think you are the only one affected. There are 10s of 1000s of FALSE cases all over India. …..Subject to my idea of *self help* which is very essential : http://tinyurl.com/pxcfz and standard disclaimers as in http://tinyurl.com/947u9 … may I suggest

>Cry from the Harassed Hubby
>
>i did not Ask any money in whole of our
>staying with her
>now she is saying i had physically and
>mentally harassed her for money..rs  ____ some
>lakhs/- she is _____ (professionally qualified).
>I HAD GIVEN a property / assets of rs ______
>(some lakhs) for settleing matter and wanted to
>stay with her…..but after i had purchased
>flat she lodge false dowry case on me and other
>__ family members,

1. On whose name is this flat / property / asset is purchased ?

2. Who has paid for the flat / property / asset ? if it is you do you have proof of payment for the flat / property / assets ?

3. Was there any written agreement or proof that she would leave you once the flat / property / asset is purchased on her name ?

4. DO NOT WORRY if you do NOT have proof. I am only looking at the hard evidence or other circumstantial evidence that she might have or you might have to prove that the flat / property / asset was indeed purchased by you and that it was purchased a settlement

4.1. In many cases such proofs do NOT exist. However as long as maintenance issues are decreed the court have latitude to look at the content and NOT just the form

5. Have any OTHER cases [OTHER THAN the 498a case] been filed so far ?

If already NO cases are already filed, DO NOT FILE FOR DIVORCE and here is why ?
http://batteredmale.blogspot.com/2007/05/questions-for-new-victims.html
or alternate URL http://tinyurl.com/34bnmj

6. Hope you already have anticipatory bail for all family members who are accused. If NOT apply for an anticipatory bail. That is your birth right. Read here for more http://batteredmale.blogspot.com/2007/06/re-anticipatory-bail.html or alternate URL http://tinyurl.com/38ytoh

7. A 498A case is a criminal case. You wife will at best try to threaten you. She cannot legally ask for money at the end of a 498A case. All she try is to prove that you threatened or harassed her

7.1. However please note that the conviction rate is VERY VERY LOW in 498A cases. ONLY approx 2% of the 498A cases end in conviction and that too in case where the wife has died. In your case I understand the wife is alive and seeking more money !!

7.2. In cases where the wife is alive, there is VERY VERY low conviction u/s 498a of IPC and so you have a great chance of being proven innocent - IF YOU are REALLY innocent

7.3. If your wife has to seek maintenance she has to file a separate civil or criminal case. You will have a chance to fight legally

GENERALLY …. : ITS LOTS CHEAPER TO FIGHT BACK than just give up and pay these un scrupulous women

The will to fight back is very very important

>…..now she is asking for
>maintenance rs. __,000/-pm i m totally ruined
>by her ……pl save and help me…..
>

8. Maintenance related issues

………. as long as you have NOT gone ahead and file a divorce case !!….

8.1. Your wife will have to prove that you had harassed here, treated her badly ….. and SHE HAS TO live separately. Otherwise she is NOT entitled to maintenance [as long as you have NOT gone ahead and file a divorce case !!]

8.2. Your wife will also have to prove your salary etc etc and that she is completely in capable of earning before she gets ANY SUBSTANTIAL maintenance

read questions below and especially question No. 21 onwards to understand and discuss maintenance issues. New victim questions :  http://batteredmale.blogspot.com/2007/05/questions-for-new-victims.html
or alternate URL http://tinyurl.com/2f2pyl

SELF HELP CENTERS

*It is always preferable to get advise and support over phone or in person [numbers below]*. Everything cannot be UNDERSTOOD over mail. We have started many self help teams in India and aboard.

*I suggest that you call the nearest self help group*

I am also copying this mail to some of our dedicated volunteers

All India Helpline Number: 91-92434 73794 (24 Hours)
alternate Nos : 91-9810611534 or 91-80-65334135

Volunteer Helpline Numbers (limited contact hours)
Also at : http://tinyurl.com/2dewon
—————————————————————————————-

Delhi: 9911119113, 9810611534, 9891369616 (Rajeev)

Kanpur (and U.P.): 09335014984 (Aanand), 09935239764 (Lt.Col.(Retd.) C.S.Khandelwal)

Calcutta:
Mr. Vineet Ruia - 033-25347398 , 033-25217318 - 8:30 to 10 PM ONLY
Mr. Kamlesh K Dwivedi - 9231835462
Mr. D.S.Rao -  9830151555
Mr. Suman Chatterjee - 9830927619

Bangalore: 
*Asha Kiran*, 1252/6, P.M. Lakshmia Layout,
Magdi Cord Road Layout , 1 st Main, Vijay Nagar.
Bangalore 560 040.
Helpline: 91-80-65334135
Mobile : 9845986250

Mumbai: 9869323538 (Guptaji) / (helpline) 9224335577
Ahmedabad: 9898989884
Gujrat: 09825365816

Hyderabad :
Prasad : (9848280354) kollud@yahoo.com  (Miyapur, Hyderabad)
Prakash: (9948504037) victim498a@gmail.com (BHEL, Hyderabad)
Pavan Kumar: (9985858729) yangaldaspk@yahoo.com  (Hyderabad)
Dr. Sreedhar: (9908578457) ameresree@yahoo.com (Secunderabad)

Jaipur: 09352562456
Nasik: 9371988132

United States (USA): 650-430-9544, 612-812-4340 (Avro, call between 10PM to midnight Eastern )

Please note this help / service is based on a self help concept. We share our experiences here. We do NOT just advise you TO take one path or another. DECISIONS are yours, but we suggest some ideas based on our experience.

If you wish to get maximum benefit from writing to us, It is also IMPORTANT THAT YOU READ AND UNDERSTAND the law with us. Use some good commentaries available in the market.

regards, vinayak

Even in case of death of wife, Husband and other accused are granted bail
Do NOT file for divorce in a hurry
http://tinyurl.com/2tb3s7

Manoj Prabhakar’s wife arrested for assaulting neighbour

New Delhi, June 2: Sandhya Prabhakar, wife of former test cricketer Manoj Prabhakar, has been arrested by the police following a ‘violent spat’ with her neighbour in Kalkaji area of South Delhi.

Fight between Sandhya and her neighbour Colonel S S Chibber began late last evening at her Nehru Enclave apartment in Kalkaji, when she tried to ‘replug’ the wire in the retired Army officer’s meter, said a senior police official.

Chibber, who accused Sandhya of tampering his meter by ‘plugging’ her wire into his connection, and his wife were attacked by the cricketer’s wife and her friend Madhuri (26, resident of Jangpura) late last night after she once again tried to ’steal’ power.

After being reprimanded for her ‘act’, she assaulted the colonel and his wife with a sharp object, probably a blade.

”Both Sandhya and Madhuri were arrested after the Colonel complained of being attacked by the two which resulted in cut injuries,” the official added.

They were produced in a court today which granted them bail.

Cricketer Manoj Prabhakar and his wife Sandhya are living separately. Divorce proceedings are on between the two.

— UNI

http://www.newkerala.com/news5.php?action=fullnews&id=34991

=========== end of news ==========

Comments :

It is important to note that the same woman had filed DOWRY COMPLAINT against Manoj Prabhakar after more than a DECADE of marriage !!!!

Now the same woman is arrested in a criminal case

Why should the law [dowry law, whatever law....] provide special protection for such people ?

Just because she is born a woman ?

do these people behave like women ?

regards, vinayak

Comments Subject to
———————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Hindustan Times
Archives

SC finds fault with Domestic Violence Act

New Delhi, December 19, 2006
First Published: 00:00 IST(23/2/2007)

In its first ever judgment under the recently notified Protection of Women from Domestic Violence Act, 2005, the Supreme Court has ruled that a wife’s claim for alternative accommodation lie only against her husband and not against in-laws and that her right to ’shared household’ would not extend to the self-acquired property of her in-laws.

“In our opinion, the claim for alternative accommodation can only be made against the husband ,” a Bench of Justice SB Sinha and Justice Markandey Katju said dismissing the claim of a Delhi woman who had claimed her right for alternative accommodation under Section 19(1)(f) of the Act.

The Bench also interpreted the concept of ’shared household’ under Section 17(1) of the Act. It clarified “the wife is only entitled to claim a right of residence in a shared household, and a ’shared household’ would mean the house belonging to or taken on rent by the husband or the house which belongs to the joint family of which the husband is a member.”

The court also commented on poor drafting of Section 2(s) of the Act, which defines ’shared household’. Terming the definition of ’shared household’ in Section 2(s) of the Act as “not very happily worded”, the Bench said it “appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and does not lead to chaos in society,” it observed.

The court allowed an appeal filed by the father-in-law and mother-in-law of a woman, living in the property owned by the mother-in-law, who had claimed right to residence in a shared household and also that of an alternative accommodation under the new law notified on October 26, 2006.

Under Section 17(1) of the Act, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

Further, Section 19(1)(f) of the Act provides that a woman can seek a direction to her husband to secure same level of alternate accommodation for herself as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require.

The apex court’s ruling makes it amply clear that shared household would mean only the house belonging to the husband or taken on rent by him or the house belonging to the joint family of which he is a member. It further clarified that the wife’s claim for alternative accommodation can be made only against the husband.

Sandhya Batra was married to one Anand Batra (both names changed) on April 14, 2000 and the couple was residing at a house owned by the husband’s mother at Ashok Vihar, Phase-I, Delhi.

After Anand filed a divorce petition, Sandhya lodged dowry demand cases against her husband and in-laws including married sister-in-law and they had to visit Tihar Jail.

Initially she shifted to her parents’ residence due to the dispute but when she returned to her in-laws’ place, the house was locked. She filed a suit for getting entry to the house.

However, it was alleged that even before the suit could be decided, she, along with her parents, forcibly broke open the locks of the house at Ashok Vihar belonging to her mother-in-law. It was further alleged by her in-laws that they had to stay in their office as she terrorised them and that they finally shifted to Mohan Nagar, Ghaziabad.

The trial judge granted her temporary injunction on March four 2003 and restrained her in-laws from interfering with her possession. However, the order was reversed on September 17, 2004 by the Senior Civil Judge, who held that she had no right to the properties other than those of her husband.

The Delhi High Court restored the order of the trial judge holding that “mere change of the residence by the husband would not shift the matrimonial hone from Ashok Vihar, particularly when the husband had filed a divorce petition against the wife.”

Her in-laws challenged the HC order before the SC where her counsel contended that in view of the coming into effect of the Act, she could not be dispossessed from the property in question.

Her counsel further contended that the definition of ’shared household’ “includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship”.

But the apex court rejected the argument, saying if it was accepted then “it will mean that wherever the husband and wife lived together in the past that property becomes a hared household.

“It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband’s father, husband’s paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc.

“If the interpretation canvassed by the respondent is accepted, all these houses of the husband’s relatives will be shared households and the wife can well insist on living in all these houses of her husband’s relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd,” it said.

Allowing her in-laws’ appeal, the apex court said “the property in question in the present case neither belongs to Amit Batra nor was it taken on rent by him nor is it a joint family property of which the husband is a member. It is the exclusive property of the appellant No 2, mother of Anand Batra. Hence it cannot be called a ’shared household’.”

Email: Satya Prakash: satya.prakash@hindustantimes.com

http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=8a240e39-9dd5-410f-814a-255926bfb88c&ParentID=08cd593d-dfbc-492e-ab13-9bc12f5c7ced&&Headline=SC+finds+fault+with+Domestic+Violence+Act

We choose when we work….  but you shall protect us round the clock !!

Women want protection anywhere and everywhere. Interestingly they want equal rights as well

Some few women, may 3 … 4 out of millions of women in Bangalore were attacked at night when returning from work……

Immediately a huge hue and cry was raised -> thanks to the networking women do

Exasperated, the state said, they can protect women only to some extent…. and if they women want further safety, let us regulate when women would work for e.g. let NOT women do night shifts etc in every small shop and petty establishment. The state tried to ban night shifts for women, that too outside the IT industry !!

Lo and Behold !! All the feminists of the world woke up and claimed !!  We choose when we work
http://timesofindia.indiatimes.com/Cities/City_Supplements/Bangalore_Times/We_choose_when_we_work/articleshow/2041896.cms

Now the state has withdrawn the night shift ban !!. Withdrawal of night shift ban welcomed
http://www.hindu.com/2007/05/15/stories/2007051518730300.htm

So what next ???

armies of men to protect them thru the night ??

Well….well….well….. what to say ?

regards, vinayak

My post above is Subject to
—————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Bangalore’s jailhouse doc
31 May, 2007 l 0256 hrs ISTlPushpa Narayan/TIMES NEWS NETWORK

BANGALORE: When Dr M Basavaraj finishes surgery, he walks back to his cell in the central prison, Parapana Agrahara. The 100-bed prison hospital had been without a surgeon for many years. Their search ended when the doctor came in to serve his seven-year sentence for dowry harassment.

Now, clad in the inmate’s white-kurta-pyjama, Basavaraj looks like any other prisoner. But, every morning or whenever there’s a medical emergency, his cell doors are thrown open and he rushes to the hospital. In the past two years, he’s performed 200 surgeries. He is also the “unappointed” prison surgeon and doubles as the ‘night doctor on call’ as four physicians employed in the hospital leave at dusk. In 2005, 13 years after his wife committed suicide, the doctor, who’s worked at several government hospitals in Karnataka, as well as in Sir Ganga Ram Hospital in Delhi and Nanavati Hospital in Mumbai, was jailed in this prison, near Bangalore.

“After 6 pm, the doors of my barracks open whenever there is a medical emergency. I do my best to help people around with the little facilities here,” says the surgeon who has expertise in minimal access (keyhole) surgery. He has kept the minor operation theatre busy with removal of tumours, sutures and some infectious swellings as well. “Many times I have asked the authorities to rush them to another hospital as there aren’t enough facilities here to handle emergencies such as heart or brain attacks,” he said. “With little more equipment and back-up systems, a good theatre can handle more minor surgeries like appendicitis and hernia. The jail authorities have promised them,” says Basavaraj.

DIG (Prison) B S Abbai is not sure if permission would come for better facilities but he knows when Basavaraj completes his term he would have offers from leading hospitals. “I help him get the latest updates in surgery through medical journals and books. The rules don’t permit us to let him browse the internet. He learns about the books from his friends and places orders,” he said.

Jail psychiatrist Dr P Rajani says: “Two years ago, Dr Basavaraj was shattered. He thought his career was ruined and his future was bleak. Today, he seems more confident.” Basavaraj agrees. “When I walk out I’ll get back to the hospitals that I worked for. But, even then I would continue my service to this place. For me, this place is something special.”

http://timesofindia.indiatimes.com/India/Bangalores_jailhouse_doc/articleshow/2087957.cms