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Abramchichk (Be The Change)     10 April 2011

Are Domectic Violence Cases treated under criminal or civil

Are Domestic Violence cases treated under criminal or civil  court cases ?

Also if there is a clear evidence of Meticulous Planning  Of Trying  to Eliminate A person in Domestic Relationship, then does DV act  provide any punishment for the same  or  not ????



 21 Replies

Tajobsindia (Senior Partner )     10 April 2011

@ Author

1. The Bharat Ratna Act falls under civil deterent in guise of criminal provisions when defaulted upon.

2. As asked though wordings used by your kind self is quite heavy (hearing wise) but DV Act has such in-built provisions.

Suggest to consult a Ld. Advocate in your jurisdiction for discussing your versions of facts followed by preparing the suit to file if any.


(Guest)

Many may differ but it is one of the best laws made for the welfare of the woman, keeping in view of the vulnerable condition a woman lives husband's (matrimonial) home.

Now, definitely it is a civil law. But it is operated on Criminal law forum as civil law forum has cumbersome process and takes much longer time to the needy citizen.  In criminal law forum, the procedure is simple and the time takes to dispose off the case is relatively shorter.  As it is civil law, the evidence can be led by an affidavit and also the quality of evidence required is proponderance of probability unlike "beyond reasonable doubt" required in criminal law.

Now, "there is a clear evidence of meticulous planning of trying to eliminate a person in domestic relationship", approaching the issue through DV Act is not appropriate remedy.  This act of offence comes within the purview of Section 498-A and also "attempt to murder" under Section 307 of IPC.  The proper procedure is to invoke criminal jurisdiction instead of the jurisdiction of DV Act, where the relief is maintenance, recovery of stri-dhan, shared household, compensation etc. and the latter does not meet the ends of justice.

3 Like

Tajobsindia (Senior Partner )     10 April 2011

@ Ld. Prabhakar

aap dhanya hai ha ha means your take is perfect but it amazes me seeing your zeal on women issues here but that is besides the point.


I intentionally avoided her main quote / un quote but you made a bull out f it. Perfect answer.

Arup (UNEMPLOYED)     10 April 2011

Are Domestic Violence cases treated under criminal or civil  court cases ?

------      under criminal law, crpc applicable.

 

Also if there is a clear evidence of Meticulous Planning  Of Trying  to Eliminate A person in Domestic Relationship, then does DV act  provide any punishment for the same  or  not ????

------    clear evidence of Mallisious Planning let you free from the case.

hurre - this is the greatest achivement for a man.  

birth as a man in this country is the bigest sin & greatest crime.

Arup (UNEMPLOYED)     10 April 2011

ms kaur, i hope you have got the pointed answer.

Tajobsindia (Senior Partner )     11 April 2011

 

 

Originally posted by :Arup

"


Are Domestic Violence cases treated under criminal or civil  court cases ?

------      under criminal law, crpc applicable.

"

@ Arup

1. S. 151 CPC and various other procedures as per CPC applicable here and have been entertained my various Magistrate Courts while contesting DV Act.


2.
Only when Appeal and or Violation of any of the Protection Order U/s 31 DVA; CrPC comes into picture otherwise DV Act is simply Bharat Ratna confused one step above S. 125 CrPC procedure wise. Even in S. 125 CrPC one can use CPC and many a
Magistrate Court have allowed the same.


3. Even the first prison conviction of a Husband under violation of one of the Protection Order was done under Simple Imprisonment of a Husband from Kerala that also his wife paying for his prison diet money to Supdt. of Prisons and when she could not meet the diet money he was let out and she tossed out the Protection Order and waived it off to ultimately opt in for s. 482 CrPC at HC later.

 

1 Like

Shivaprasad Rao (TL)     11 April 2011

Domestic violennce is quasi criminal case. but trial is under the civil court

1 Like

Abramchichk (Be The Change)     19 April 2011

Atleast men are born.. But 33% women are not allowed to be  born, as per consensus 2011 !!!!!!! !

Another aspect worth pondering over is the fact that these girls who are killed before being born, are killed in their mothers womb and not fathers womb ?????   How MAJBOOR these mothers and unborn daughters are at the hands of men,  !!!!!!!!!!!

What a plight of women in INDIA !!!!!!!!!

Time has come when women are given justice and  not shown the muscle power or mockery.

 

 

Arup (UNEMPLOYED)     19 April 2011

ms g kaur,

your intention not to asking a law point.

a few are here to do zender politics.

you are one of them.

these people are small in number; by changing the ids they raised irrevalant questios,

at last their final submissions are - how women are exploited.

there are a large no of groups -  who directly or indirectly claims that they are exploited.

these groups might be men, women, sc, st, obc, hindus. muslims, farmers, labourers. might be cast base like jaths etc. their basic intentions are to do politics & collect fund keeping a sensetive issue in front.

1 Like

Arup (UNEMPLOYED)     19 April 2011

" these girls who are killed before being born, are killed in their mothers womb and not fathers womb ????"

 

---   what a great logic,

HOW MANY FATHERS HAVE WOUMB?

2 Like

Abramchichk (Be The Change)     19 April 2011

@ Mr.Arup

I indeed asked a law point.

Pasted below is your reply:

Are Domestic Violence cases treated under criminal or civil court cases ?

------ under criminal law, crpc applicable.

 

Also if there is a clear evidence of Meticulous Planning Of Trying to Eliminate A person in Domestic Relationship, then does DV act provide any punishment for the same or not ????

------ clear evidence of Mallisious Planning let you free from the case.

hurre - this is the greatest achivement for a man.

birth as a man in this country is the bigest sin & greatest crime.


 

hema (law officer)     19 April 2011

Female foeticide is not a gender problem.  It is a human problem.  Every person, either male or female or neutral, having sensitive heart bothers about this criminal offence perpetrated by our society against the foeticide.  It is not a blame game - always blaming the mother for female foeticide, after knowing fully aware in Indian society, female's role of deciding the family matters is less.  It is also true, some mothers are allowing the female foeticide of their own womb, as they know how traumatised a woman's life in our country.  If the laws are so much favourable to women, if there is no harassment of dowry, if women are put on high pedestal and are treated very honourably, then there should be no female foeticide.  The existence of female foeticide itself is ample proof how miserable a woman's life is.

Arup, you are a quack.  You do not have any legal qualification. Even then you give advice, that also wrong advice many times.  You do not read judgments.  That is known by your answers.   Youu just paste from bare Acts and pose just like a famous family lawyer. You do not know, whether DV is a civil law or criminal law.  You do not know what is quasi?  If you will be in any foreign country, for giving legal advice, without having any legal qualification, you will be sent to jail.

Arup, you are also double tongued.  If SIFF says some thing, you sing chorus with them.  If two or three women  say same thing, you get stomach upsets. 

You do not have any practical court experience.  You fought only one case in your life.  There also you lost.  Instead of accepting your foolishness in your defeat, you always weep that the judge who gave judgment is corrupt.  You weep that the court reader mischieved you while typing down your deposition and you blindly signed on the deposition without reading it.

You have personal problem.  You could not manage your wife.  Then start to weep about all women.  You insult all women saying that they married only to get maintenance.  If you say the same thing standing on your street, every woman on the street will garland you with chappals for insulting them.  You give illegal advice of "live-in" and give false propoganda that Supreme Court allowed it.  You do not know the consequences of live-in and go on talking about Section 497 (adultery) and go on preaching the men to have s*xual relationship with unmarried woman and divorcee to avoid the offence of adultery, and pose that you invented a new law.

Roshani once said about you, you cannot understand English, you cannot express yourself in English and saying something to you is banging head to the wall.

I hope you talk some sense in future instead of showing your foolishness in five to six posts on single thread.

5 Like

(Guest)

and he is topper in achieving thanks in last month.

Roshni B.. (For justice and dignity)     19 April 2011

He is laadla here.So all people thank him,whether they mean it or not.


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