Chaudhary Associates

25/01/2021

https://www.thehindu.com/news/cities/chennai/a-man-woman-being-in-a-room-does-not-indicate-sexual-relationship-says-madras-high-court/article33646829.ece

Order on constable’s dismissal quashed

23/01/2021

https://www.livelaw.in/amp/top-stories/ineligibility-of-appointment-arbitrator-supreme-court-168762

The Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act read with the Seventh Schedule, which deals with ineligibility of a person to be appointed as an...

21/01/2021

https://www.barandbench.com/news/litigation/domestic-violence-act-proceedings-civil-except-protection-order-breach-madras-high-court

The Madras High Court opined that proceedings under the Domestic Violence Act are civil in nature, except in cases where Sections 31 and 33 (breach of a protection order or an interim order) come into play.

09/01/2021

https://www.barandbench.com/news/litigation/bar-council-of-delhi-increases-fees-payable-at-the-time-of-enrolment-to-rs-14300

Bar Council of Delhi has increased fees payable at the time of enrolment to Rs 14,300.

04/01/2021

https://www.livelaw.in/amp/top-stories/bci-bar-council-sc-supreme-court-practical-experience-bar-judicial-service-167863

The Bar Council of India has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said

16/10/2020

https://www.moneycontrol.com/news/business/personal-finance/women-have-right-to-stay-at-in-laws-house-sc-revises-judgement-on-domestic-violence-act-5969101.html

In a big win for married women who are mistreated or tortured at their in-laws’, the top court has observed that the wife would have the right to claim the “shared household” of the joint family under the Domestic Violence Act

10/10/2020

R**e is a violent and has become a common crime against women.

I STAND FOR THE VICTIM AND YOU?

23/08/2020

It is often misunderstood that the Act is criminal in nature with powers to be exercised only by the Magistrate. This Act provides that the aggrieved person may not only approach the Magistrate Court but also the Civil Court, Family Court and seek various reliefs as protection orders.

In Vijaya Bhaskar & Ors Vs. Suganya Devi, the act enabled the aggrieved person to live in a family atmosphere and should not be snapped once for all from the matrimonial house. The Civil law and civil remedies are most efficacious and appropriate remedies and the object of this Act is civil in nature.

In Indra Sarma Vs. V.K.V.Sarma, it was held that the object of the act is to provide remedy in civil law.

In Sudhannya Vs Umasankar Valsan it held that the act gives the option to the aggrieved person to approach either the family Court or the Magistrate Court at her convenience.

Judicial Magistrate deals with cases under domestic violence to ensure speedy and effective remedy to the victims. Any person aggrieved by the Order can prefer appeal within thirty days from the date of order being served on either of the parties.

As I mentioned earlier, this Act is a combination of Civil and Criminal Law. Non-compliance of protection order or an interim order by the abuser is a criminal offence. It is summarily tried by the Magistrate taking in to account the sole testimony of the aggrieved person. No action will be taken against the Protection Officer if he fails to discharge his duties acted in good faith.

You deserve to live free from violence. When we are able to prevent violence or support women we not only safeguard womens' human rights but also promote their physical and mental well-being. The law is always strong and in favour of women. You can always approach the nearest Police Station, Protection Officer, Service Provider, Lawyer etc. Let us all join hands to create awareness and eradicate violence against women in the society.

16/08/2020

As the saying goes, "instead of worrying about what you cannot control, shift your energy to what you can create". You need to be strong to seek for the right help for you to channelise your energy. You must get financial, legal and emotional help to get out of the situation and always remember that the law is by your side.

Domestic violence is a civil remedy. Once the offence of the domestic violence is established, the court can issue the following orders pertaining
(a) to reside in a shared household
(b) protection orders
(c) residence orders
(d) monetary reliefs
(e) custody orders
(f) compensation orders

The residence order cannot be passed against any woman as held in Meenavathi vs Senthamarai Selvi.

In Shoome Nikhil Danani vs. Tanya Banon Danani, it was held that a wife can claim monetary relief under the Domestic Violence Act in addition to maintenance under Section 125 Criminal Procedure Code.

In Sabita Mark Burges vs Mark Lionel Burges it was held that an order can be passed directing the abuser to remove himself from the shared household.

If the Court is satisfied it can grant visitation rights of children to the abuser. It can also grant interim and exparte orders if its primafacie satisfied that the domestic violence is committed or likely to be committed. An affidavit of the aggrieved person is taken in to consideration while granting such orders. The compensation orders can be passed for the damages, injuries, mental torture and emotional distress suffered by the aggrieved person.

The copies of the order should be given free of cost to the parties, police officer, service provider. It is enforceable through out India. It shall remain in force till the aggrieved person applies for discharge or either parties apply for alteration, modification or revocation if there is any change in circumstances.

Seek help and fight for your rights. Please do post your comments here.

11/08/2020

Daughters become equal coparceners at birth even if born prior to 2005 amendment to Hindu Succession Act: Supreme Court |

The landmark ruling says that even if the father coparcener died before the 2005 amendment, the daughter would still have equal coparcenary rights to inherit her father's share in property.

06/08/2020

You can raise your voice and fight against the violence only if you are aware of your rights. Do not live in the false hope that things are going to get better someday. If you are experiencing domestic violence, raise your voice, claim your right and revolt against it by filing application under Domestic Violence Act for various reliefs.

The Act states that the Judicial Magistrate of first class or the Metropolitan Magistrate where the aggrieved person resides or the domestic violence is alleged to have taken place is the Competent Authority to entertain the domestic violence cases.

Once the complaint is received, the Magistrate then adopts the following procedures
1. Fixes date of hearing not beyond 3 days from the date of receipt of application
2. Sends Notice of the date of hearing to the Protection Officer
3. Serves the abuser or to any other person as directed by him and to be served within a maximum period of 2 days or a reasonable time fixed by the Magistrate
4. Ensures that the complaint is disposed off within 60 days from the date of first hearing
5. Considers the sole testimony of the aggrieved person before passing of any interim relief
6. Conducts proceedings incamera, if the situation or circumstances warrants
7. Directs both the parties to undergo counselling
8. Considers the Domestic Incident Report submitted by the Protection Officer or the Service Provider before passing any order

In Krishna Bhatacharjee Vs. Sarathi Choudhury & Another, it was held that if a nature of domestic violence is a "continuing offence" as long as the status of the parties remains same, the aggrieved person is not bound by any limitation.

In Shaymlal Devda & Ors Vs Parimal, the Court held that in domestic violence case, the Court should prima facie be satisfied that there were instances of violence before issuing notice in complaint.

Only you can take action on your own behalf - legally and emotionally. If you have any queries do post your comments here.