After separation of a year, wife can’t file complaint under domestic violence act, says high court

http://www.hindustantimes.com/India-news/Mumbai/After-separation-of-a-year-wife-can-t-file-complaint-under-domestic-violence-act-says-high-court/Article1-1026664.aspx

In an important ruling, the Bombay high court has held that a woman can file a complaint under the Protection of Women from Domestic Violence (DV) Act only while still in the domestic relationship.




Justice Roshan Dalvi rejected a petition filed by a woman who had left her husband and two children living in America and returned to Mumbai.



“A wife who has returned from the US and consequently from the domestic relationship and lived in India for one year cannot file an application with regard to that relationship after such time," said Dalvi while upholding a sessions court order.



"Such a woman cannot be considered to be in any domestic relationship," the judge said.



The woman got married in May 1999 and lived with her husband in the US. She returned to India in February 2009.



In January 2010, she filed a complaint under provisions of the DV Act against her husband, but the sessions court rejected her complaint as no domestic relationship existed at the time of filing the complaint.



Upholding the lower court's order, Dalvi clarified that a woman who lived in a domestic relationship earlier, but which ceases only because of the domestic violence, can certainly file an application for such domestic violence that took place during the relationship.

Domestic violence against men: Know the signs

http://edition.cnn.com/HEALTH/library/domestic-violence-against-men/MY00557.html

Women aren't the only victims of domestic violence in India . Understand the signs of domestic violence against men, and know how to get help. Recognize domestic violence against men Domestic violence — also known as domestic abuse, battering or intimate partner violence — occurs between people in an intimate relationship. Domestic violence against men can take many forms, including emotional, sexual and physical abuse and threats of abuse. It can happen in heterosexual or same sex relationships. It might not be easy to recognize domestic violence against men. Early in the relationship, your partner might seem attentive, generous and protective in ways that later turn out to be controlling and frightening. Initially, the abuse might appear as isolated incidents. Your partner might apologize and promise not to abuse you again. In other relationships, domestic violence against men might include both partners slapping or shoving each other when they get angry — and neither partner seeing himself or herself as being abused or controlled. This type of violence, however, can still devastate a relationship, causing both physical and emotional damage. You might be experiencing domestic violence if your partner: •Calls you names, insults you or puts you down •Prevents you from going to work or school •Stops you from seeing family members or friends •Tries to control how you spend money, where you go or what you wear •Acts jealous or possessive or constantly accuses you of being unfaithful •Gets angry when drinking alcohol or using drugs •Threatens you with violence or a weapon •Hits, kicks, shoves, slaps, chokes or otherwise hurts you, your children or your pets •Assaults you while you're sleeping, you've been drinking or you're not paying attention to make up for a difference in strength •Forces you to have sex or engage in sexual acts against your will •Blames you for his or her violent behavior or tells you that you deserve it •Portrays the violence as mutual and consensual If you're gay, bisexual or transgender, you might also be experiencing domestic violence if you're in a relationship with someone who: •Threatens to tell friends, family, colleagues or community members your sexual orientation or gender identity •Tells you that authorities won't help a gay, bisexual or transgender person •Tells you that leaving the relationship means you're admitting that gay, bisexual or transgender relationships are deviant •Justifies abuse by telling you that you're not "really" gay, bisexual or transgender •Says that men are naturally violent Children and abuse Domestic violence affects children, even if they're just witnesses. If you have children, remember that exposure to domestic violence puts them at risk of developmental problems, psychiatric disorders, problems at school, aggressive behavior and low self-esteem. You might worry that seeking help could further endanger you and your children, or that it might break up your family. Fathers might fear that abusive partners will try to take their children away from them. However, getting help is the best way to protect your children — and yourself. Break the cycle If you're in an abusive situation, you might recognize this pattern: •Your abuser threatens violence. •Your abuser strikes you. •Your abuser apologizes, promises to change and offers gifts. •The cycle repeats itself. Typically the violence becomes more frequent and severe over time. Domestic violence can leave you depressed and anxious. You might be more likely to abuse alcohol or drugs or engage in unprotected sex. Domestic violence can even trigger suicide attempts. Because men are traditionally thought to be physically stronger than women, you might be less likely to talk about or report incidents of domestic violence in your heterosexual relationship due to embarrassment or fear of ridicule. You might also worry that the significance of the abuse will be minimized because you're a man. Similarly, a man being abused by another man might be reluctant to talk about the problem because of how it reflects on his masculinity or because it exposes his sexual orientation. Additionally, if you seek help, you might confront a shortage of resources for male victims of domestic violence. Health care providers and other contacts might not think to ask if your injuries were caused by domestic violence, making it harder to open up about abuse. You might also fear that if you talk to someone about the abuse, you'll be accused of wrongdoing yourself. Remember, though, if you're being abused, you aren't to blame — and help is available. Start by telling someone about the abuse, whether it's a friend, relative, health care provider or other close contact. At first, you might find it hard to talk about the abuse. However, you'll also likely feel relief and receive much-needed support. Create a safety plan Leaving an abuser can be dangerous. Consider taking these precautions: •Call a domestic violence hotline for advice. Make the call at a safe time — when the abuser isn't around — or from a friend's house or other safe location. •Pack an emergency bag that includes items you'll need when you leave, such as extra clothes and keys. Leave the bag in a safe place. Keep important personal papers, money and prescription medications handy so that you can take them with you on short notice. •Know exactly where you'll go and how you'll get there. Protect your communication and location An abuser can use technology to monitor your telephone and online communication and to track your physical location. If you're concerned for your safety, seek help. To maintain your privacy: •Use phones cautiously. Your abuser might intercept calls and listen to your conversations. He or she might use caller ID, check your cellphone or search your phone billing records to see your complete call and texting history. •Use your home computer cautiously. Your abuser might use spyware to monitor your emails and the websites you visit. Consider using a computer at work, at the library or at a friend's house to seek help. •Remove GPS devices from your vehicle. Your abuser might use a GPS device to pinpoint your location. •Frequently change your email password. Choose a password that would be impossible for your abuser to guess. •Clear your viewing history. Follow your browser's instructions to clear any record of websites or graphics you've viewed. Where to seek help In an emergency, call 100 — or your local emergency number or law enforcement agency. The following resources also can help: •Someone you trust. Turn to a friend, relative, neighbor, co-worker or religious or spiritual adviser for support. •Your health care provider. Doctors and nurses will treat injuries and can refer you to other local resources. •A counseling or mental health center. Counseling and support groups for people in abusive relationships are available in most communities. •A local court. Your district court can help you obtain a restraining order that legally mandates the abuser to stay away from you or face arrest. Local advocates may be available to help guide you through the process. Domestic violence against men can have devastating effects. Although you may not be able to stop your partner's abusive behavior, you can seek help. Remember, no one deserves to be abused.

Dowry law is not for personal vendetta: Court

http://www.deccanherald.com/content/196458/court-expresses-concern-over-misuse.html


A Delhi court has expressed concern over the misuse of dowry laws as a tool to take revenge while refusing a plea of a woman who wanted action against her husband and in-laws for alleged harassment.
The court also noted that women victims having matrimonial discord generally roped in the whole family as accused just to settle personal scores even though there is no evidence against them. Additional Sessions Judge Kamini Lau dismissed an appeal against an order acquitting Delhi resident Sanjay Kumar and three members of his family on a dowry harassment complaint filed by his wife in 1999 on the ground that her allegations did not find any independent corroboration.

“I may further observe that Section 498A IPC (husband or relative subjecting a woman to cruelty) in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the apex court of our country had acknowledged this abuse and termed it legal terrorism.
The provisions of Section 498 A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce, but a penal provision to punish the wrong doers,” judge Lau said.

He also said the courts should not be exploited to work for personal vendetta.
“Courts cannot be a party to any kind of exploitative situation and it is necessary for every complainant to remember that it is only an honest complaint which succeeds in law where contents are supported by facts on the ground and persons, who are not connected with the harassment, should never be arrayed as accused. “The platform of the courts cannot be permitted to be used to wreak personal vendetta or unleash harassment and the tendency of the complainants to come out with inflated and exaggerated allegations by roping in each and every relation of the husband is required to be deprecated,” the court said.

Refusing to interfere with an order acquitting Kumar’s family members, the court said even the father and brother of victim Veena did not support her allegations given in an FIR with Jehangirpuri police station in north Delhi.

   A metropolitan magistrate in April this year absolved all the accused in the case finding saying no substance in her charges.

In the verdict, the court also gave a piece of advice to Veena, quoting poet Sahir Ludhiyanvi, that she should dissociate herself from sour relations rather than being revengeful. “Not all relationships are successful. In fact, most relationships which appear to succeed are only based upon compromises.

Let go the past which is painful since attaching yourself to it will only give pain and miseries and help none,” the court added.

Save Indian Family- New Delhi Meeting Point- Every Saturday

Time: 4:00 pm - 7:00 pm Location: Lawns of Patiala House Court, Patiala House Court Lawns, New Delhi, Notes: Save Family Foundation (Regd. NGO) organizes weekly meetings at Patiala House Court Lawns every Saturday from 4 PM to 7 PM. Save Family Foundation (Regd) is a strong team of dedicated families comprising of some of them are victims of misuse of 498a, DV Act including NRIs, Senior Citizens, Mothers, Sisters, Brothers, Brother-in-law, Sister-in-law and even 3 years old children, who campaign and create awareness about gross injustice and abuse that happens in Indian Legal system and Committed to Fight against all other Gander Biased LAW, which encourage to promote a "Fatherless Society" by LAW Makers of India.

HOW TO HANDLE WOMEN CELL

In case you want to Patch up /compromise with your spouse, it’s nice idea for the bright future, and then you don’t need to read all of this.

If you don’t have other option than fight, so before fight you should know your enemy. Who is enemy? Our biased Law is our enemy. So you have to prepare about it.

What is women cell/CAW?

Crime against women cell is department of Police who accepts complaint specific to women. Cell Proceedings Are Voluntary: Delhi HC in two consecutive ruling has held that the proceedings of the CAW cells are voluntary. They have ower to enforce an appearance. Justice Dhingra quote: “It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell.” link to the judgment/order is given here: (http://tinyurl.com/2gf5wo ) When you get first phone call from CAW cell. Ask them politely to send notice for appearance. Receive notice and put date/time of receiving. Most probably the policewala will be in civilian clothes so as to avoid creating suspicion in the mind of your neighbors (How nice of him). He will carry a request letter from the ACP/DCP of the CAW cell and “Requesting you to join the investigation in CAW cell”. Mind it – it’s a request not summon. Also remember it’s a request to join mediation proceedings and as per law the mediation is a voluntary activity and cannot be forced upon any individual. DO NOT panic. He is not going to arrest you.

Read the Request Notice carefully. It should never say any words of compulsion. It will be a request only to join the mediation proceedings at Women cell. When you are asked to sign on it for receiving-Make sure you put TIME along with the date. Ask the policewala for the number of the IO-investigation officer handling your mediation. This will help you in case you need to inform him/her about change of plans from your end. Go there as innocent person. Only listen there, they will ask to give statement in writing. Mention like “you have attended to provide full support in enquiry and ready for any kind of counseling to save the marriage. Also write in same latter to request copy of complaint as person complained against has right to know the nature of complaint made against him, particularly when the respondent has taken action on the complaint filed with them. Sometime they let you read. In case they don’t, mention in the statement that you have not allowed to see the complaint. Let them understand without knowing anything how you can give any statement. Contact librapisces007@yahoo.com for RTI reply in which CAW has agreed to provide receiving confirmation on statement copy given to I/O on each counseling date and they also allow reading the complaint. Take hard copy of RTI and in case I/O don’t allow show him/her. Don’t sign any paper or even their noting without reading. Sometime they ask you to sign against date and tell that they will fill later. DON’T sign on such noting at all. You have right to deny. In Second or third hearing they will give you Istreedhan list provided by lady and will ask you to you provide your admit list against streedhan list. Accept only if same has been signed on each page by complainant. Take a copy of Streedhan and make a RTI and submit to PIO.

Visit http://rtitemplatesfor498a.blogspot.in or Contact librapisces007@yahoo.com for RTI format.

In case you have kid mention in each statement that you are concerned about your child and request I/O verbally and in written that you want to meet the child. RTI to women cell for complaint copy - After fist hearing in CAW cell. For complaint copy. Also attach CIC decision “Case No. CIC/SS/A/2011/000350” with RTI RTI to Women cell for Comply circular with complaint - After 2nd hearing or after Receiving of streedhan list Points to remember. CAW cell is only for women. They will not listen you. But they will show as they are taking your matter seriously. No need to show any proof there. CAW cell never accept any proof from husband side. CAW cell always give to you 3 options.

Option 1 - Agree with Wife’s condition and live with her
Option 2 – Agree and Give money to wife and take mutual Divorce
Option 3 – If you are not choose any one option from above, they will recommend for FIR.

Remember always Women cell works like an extortion cell of Wife. If women cell is agree with you completely, then also they will recommend for FIR on basis of Wife’s statement.

Meaning : CAW cell is a play ground for wife , where she play extortion game with the help of law. And CAW cell will do same what ever wife says. So , With the help of RTI’s Crash CAW cell.

No need to take your parents along with you at CAW cell unless they are specifically summoned. We would suggest taking any friend/male relative that is not named in the complaint as they would not allow entry and he will have to stand outside of premises.

Comments to put at the time of of receiving list- "Received XX no. of sheets of A4 paper as list from Smt XYZ which is not in accordance as per Rule 2 of D/P act and not even indexed, So that one can file reply. Please ask complainant to provide proper list with proper bills. Reply of Istreedhan list Comments on List Submitted by Smt XXXX Note: The list is NOT in accordance with the law, as no list was prepared at the time of marriage which is mandate of the section 2 of Dowry Prohibition Act 1961. Even gifts mentioned as given to bridegroom and his family is not segregated. The undersigned is still offering his comments, despite the list being bad in law, to aid the IO towards reaching a logical conclusion and to ensure that the false and fabricated list furnished by Smt. XXXX does not cause any miscarriage of justice to the undersigned. This is NOT the admit list by undersigned. Istreedan received at the time of marriage and afterward also for Mrs. XXXX was always and is under her possession. She has already taken her clothes, jewellery and other costly items at the time of leaving her matrimonial home on MENTION DATE. However she has left few articles at her matrimonial house which are listed below and undersigned is ready to return with proper bills and prior information but he doesn’t want divorce and want to settle the matter amicably. Left over articles: Mention here her left over articles which you want to give FAQ on admit list/AB etc During repeated RTIs with the Delhi Police CAW Cell on the compliance of circular 07/2007, It has been observed that the CAW Cell is using the plea that since the list of stridhan stands accepted as soon as the Husband submits his admit list and hence husband losses the right to ask for compliance of List of Stridhan. Question ? Couple of days back, i have submitted admit list, with covering letter mentioning specificaly that the list submitted by 498a girl is not as per the DP-2, & is false, kindly arrange for list as per rules duly supported by tax paid bills / valid payment. Will this help? Admit list is the list submitted by husband in response of exaggerated list of stridhan submitted by wife. The police asks you to submit your version of list , now there is a great trick involved here. If you straight away provided the items you are having or items actually given by them, then this means you are allowing the list of stridhan submitted by wife and means THERE IS NO ISSUE REGARDING LIST OR THIS IS THE LIST THAT MIGHT BE GENUINE ACCEPT SOME MISTAKE. But if you file your reply stating that List is false as it is not as per Rule 2 of dowry prohibition Act and police officer who accepted and given it to you then this means wife in connivance with police officer violated the rule. So This practice should be stopped immediately. Yes , what you did is correct, now insist on real list i.e. as per rule i.e. the list which should have been prepared at the time of marriage if she fails and still IO insists that means he is violating the rule and promoting the wrongs. The Circular nO. 07/2007 and other relevent circulars are available on group page. Else contact librapisces007@yahoo.com for copy Q. How can I know when FIR will be registered? Ans. After failed mediation, I/O will take you to ACP. Means that is the time of FIR. Q. When should I apply for AB? Ans. File for AB after 2-3 hearing in CAW cell (Advice is for Delhi only, However get case specific advice after first hearing). Getting the AB will be another eye opening scenario for you as there you will be face to face with your outlaws who will leave no stone unturned to get your bail application canceled/disposed. Q. We have reached to settlement in CAW and they are making agreement for the same, Is it valid document? Ans. Yes. Q. My complaint is with Nanakpura CAW. Do they have any special power? Ans. Yes. Nanakpura CAW is having jurisdiction of all Delhi. Moreover it also has power similar to police station and FIR can be registered there too. If after all of this FIR register, come to second part. Visit the 498a.org and join local meeting. Every case is unique. There is not a set plan for all cases for fight. Blog for the same is:-

http://sffdelhitrainingsessions.blogspot.in/2012/09/CAWsession.html

 Happy CAWing…………….

Bombay HC: Outstanding Judgment : State asked to Pay 2.5L to each illegal arrest in 498A

Has anyone been hit with the following ‘templates’ in their CAW / DV complaints? Wife was not allowed to use the dishwasher, microwave, washing machine in the marital home and was ‘forced’ to perform all these chores ‘by hand’. Wife was kept as a slave/maid in the marital house and was not allowed to socialize, contact her family, or step outside the house except for running errands like a servant. Wife had to beg for money all the time, and was constantly asked to demand her share in her ancestral property from FIL if she wanted to spend on anything. Wife was “dragged by her hair and hit her head on the wall” and was slapped on a daily basis. Wife was “locked in the bathroom so that she could keep crying and no one would hear”. If you were ‘lucky’ enough to be hit with this template, could you kindly share your version? We have to prove to the judge that my wife’s statements are a mixture of templates that are often used n CAW/DV allegations in India which is why they are self-contradictory.

Bombay HC : Divorce given for false 498A

http://www.indiankanoon.org/doc/15373775/ In our view, filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i) (a) of the Hindu Marriage Act. A similar view was taken by the Division Bench of this Court in Family Court Appeal No. 158 of 2008. The Division Bench had taken into consideration the judgment and order passed by the Trial Court of acquitting the Appellant therein for the offence punishable under section 498A r/w. 34 of the Indian Penal Code and also the deposition of the Appellant in the Trial Court.

The Harassed Husbands of India