General Suggestions for victims of DV act

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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

30 thoughts on “General Suggestions for victims of DV act”

  1. N.A.Pawar

    Please provided the judgement of Pune court here, the wife by leaving job chatting on net.provide judgement or link to access the dv act judgement.

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    1. vinayak Post author

      I can’t understand which judgement you are talking about ..please give me a name or date or something to locate the judgement. alternatively search this blog with key words. There are more than 700 judgements blogged here

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  3. ISHAQ ALI KHAN RIZWAN

    POOR MEN ARE REALLY MENTALLY/FINANCIALLY TORTURED BY WICKED WOMEN. WOMEN WHO FILES THESE TYPE OF FALSE CASES SHOULD BE PUNISHED UNDER LAW. I WISH MEN SHOULD HANDLE THE SITUATION BRAVELY AND WHEN THEY ARE ACQUITTED OF THE FALSE CHARGES THEY SHOULD FILE DAMAGE SUITS AGAINST THE WOMEN.

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    1. vinayak Post author

      agree Ishaq !!

      Moral strength and metal courage are the need for the day

      * Also share your success stories , thoughts and ideas thru comments on this blog

      * Sorry IF the earlier comments took time to surface !! My bad !

      * wordpress has a new format to manage the blog now 😦 and I took time to understand it

      * Hope your future comments appear automatically

      regards
      Blogowner

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  4. aman

    my elder brother had some property dispute wid my father,1 day he planned with his inlaws and on 25oct 2012 night his inlaws came wid 20-30 people and injured me and my father and ran away including my brother and his wife,we filed a fir against my brother,his wife and inlaws under 147,452 323 506 427 on same night in dehradun,but on 28oct my brother’s inlaws filed a case under 498a 323 324 506 3/4 dp act in some place in u.p.against my brother,myself,my father..both cases are under investigation,but my brother is living with his wife on rent in dehradun only ,now my brother’s wife filed an application in ACJM court under 156 (3) making a new fake story that on 4th january she came to our house and we beaten her and sexualy tortured her.she gave 3 witnes names but out of them 1 witnes has given an afidavit to us that my she doesnt knw anythng.police has also submited its report in our favour,..and my brothers wife has given an aplication to protection oficer in DV act..my questinn is
    what wil happen in 156(3) case .
    in DV act what relief can she demand althotgh my brother is living with her separatly and he is educated and working. and all our property is bought and earned by my father. and i am his nominee in his registrd will.

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  5. Raj Kumar Sharma

    We (me, my wife and my son) have been served a summon under DV Act. In summon nothing has been mentioned about dowry. Can she later file under 498a?

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    2. vinayak Post author

      Dear Sir

      sorry I just noticed your comment now ;

      You said : You have been served summon under DV act. That’s Sad

      Having said that I cannot say for sure that a DV case once filed protects the accused from a 498a case

      Why not join an SIF self help group and ask the experience guys ?

      Regards

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  7. uday shankar

    here it is a peculiar case. A married sister has her matrimonial house, not divorced from her husband, a state govt. employee, but residing in her brother’s house as was allowed once by their late mother. the woman filed a case under DV act against her own brothers, father & sister in laws, wanting all kind of relief including empowerment to reside in her brother’s house. please help with your tips and suitible case laws.
    udayshankar.986@rediffmail.com

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    1. vinayak Post author

      Dear Udayshankar

      Women have started misusing a lot of laws. DV is one of them. I am unable to think of any solutions immediately. However I suggest that you join the yahoogroup saveindianfamily@yahoogroups.com and contact members there

      There are 100s if not 1000s of men and family members there fighting for family harmony and men’s rights

      best regards
      Vinayak

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    2. vinayak Post author

      Another quick reply : IMHO, A D.V. complaint in India can be filed only against males. Women cannot be a respondent . So the sister in laws should be absolved / deleted from the complaint.

      regards
      Vinayak

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  8. Alok Ghosh

    I am also a victim of 498A and DV act. My 498A and DV (wife) left me 29-5-2009 with her elder brother alongwith all her ornaments. FIR (498A, 323, 504, 506, 3/4 DP) was lodged by her father on 6-2-2010. High Court stay our arrest and order to give Rs. 5000. In mediation center, failed in first day because her father is demanding 15 lakhs. On that day my 498A and DV (wife) took Rs. 5000 and registered case under 125 (26-4-2010) for maintenance and DV act (30-4-2010). Court has ordered me to give Rs. 2000 per month under DV act.
    Now things I can’t understand:
    1. Are they free to put false petition and give any name in the FIR?
    2. Why there is no investigation of petition?
    3. Who is responsible for this? What is the responsibly of Court?
    4. Is giving money or admitting in school of criminals (Jail) is the solution?
    Whatever 498A and DV (wife) and her father, brother is saying or whatever they are written in their petition, needs not to prove anything, needs not give any evidence?
    Only victims has to prove each and everything that they are telling lie and he and his family members are innocent and they did nothing.
    Is this a Justice?
    Is this a way of justice?

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    2. apy bhat

      plz anyone help me…the lower court convicted my brother and father under section498a ..now we appeal at higher court…now m worried that what to do…is there any chance to rescue??

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      1. vinayak Post author

        of course there is EVERY chance

        1. please join local save indian family meetings
        2. to join save indian family NGO and to fight for millions LIKE YOU and to get suggestions for your case, please call SIF ONE # – 08882 498 498
        2.1. this is an all india wide # and you have options for various states and cities
        3. approx 80 + volunteers are attending to this line 24 x 7
        4. also please read this very same blog and you will get may ideas
        regards#

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  9. umrish

    If we go through section 2(q)o of the Act then it specifically bar any complaints against female members of the house but proviso says that complaint can be filed against other relatives of the husband. How do you explain this self contradictory provision.

    However I feel that intention of the legislation was to give a chance to victim to file complaint against any other male relative of husband. Because proviso can never be contrary to the main provision in the Act.

    What do you say.

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  10. Dr.Indranil Saha

    My wife has driven me out of my residential house which I purchased in her name 3 yrs back by saying she will take shelter u/s 498. She tried her best to prove I am a drug addict, I stay with another female,I have stolen sridhan, thown acid bulb on her, kidnaped our children, but could not prove anything, yet she got Rs 35,000/- monthly mentainance u/s DV act 2005. MR Case no. 231/09. Berhampore, Murshidabad, CJM Santanu Jha.My income is Rs 40000/month. I have apealed to sessions judge. Can anybody help me? She has also sent 8 hooliguns and they have injured me heavily.

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  11. aditya

    Being a victim of 498a I devoted some time to study these families. I am convinced that this is a genitic trait.
    My wifes mother had similar qualities which elders in their own family could recall soon after the incident.{ it is alleged that she successfully managed to poison her healthy father in law who died within a year of the marriage. The same happened with my father.]
    Her father as expected is a worthless hen pecked character.Unemployed advocates and corrupt police officers in their family did beome the icing on the cake made of shit. She is now running away from cross examination after the court rejected all the interim relirfs that she had asked under he dv act.
    I AM SURE THAT GOD IS WATCHING.

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  12. aditya

    498a women r worse than professional whores who do their business deligently and charge only in accordance to the service rendered.

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  13. arvind

    i am also the victim of dv act . My step mother filed a case against me.
    I ahve lost a case
    And curt states that i ahve to pay maintenance and compensation
    plz help me

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  14. aditya

    DV act and 498a are excellent resourses available to a married woman who has been caught by the husband in an extra marital sexual relatinship.Adultery as defined in the law is almost impossible to prove.

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  15. DR D C VOHRA

    suggestions made by your site are just wonderful and will

    help solve many cases of Domestic Violance now crowding the

    court by unscrupulous and greedy women who become wives and

    then exploit their husbands and in-laws

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  16. Pingback: Citations From Judgments To WIN DV Act Cases « IPC 498A

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