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Roshni B.. (For justice and dignity)     13 September 2011

Getting justice in domestic violence case is not a cakewalk

 

CHENNAI:


Years of my married life went on a toss when I came to know about my husband's relationship with another woman," says Ambika, her eyes filled with tears. She was asked to appear before women's protection cell with her 13 day old kid to testify her statement in front of the officials. Months passed like passing clouds as she tried to find a lawyer to fight the issue legally. Like most women, she is willing to rejoin with her husband, working as a driver in a nationalized bank.


The ineffective enforcement act and everlasting case proceeding have made her a victim of the act.


People like Ambika comes to the police station or courts with loads of questions running in their mind regarding who to approach, what would be the verdict at the end.


In most cases related to domestic violence the woman is victimized at various junctures leading to frustration and suicide.


The gathering was organised to discuss the domestic abuse and violence, its alarming rise and women committing suicide in India. In a male dominant society, females voluntarily accepted certain works and started to keep up her angst and get suppressed, said Sp Thenpan dian, founder secretary of People for Human Rights. 'The issue of domestic violence starts from birth of a girl child; conducting a study in certain districts there is a change in birth ratio after government offered welfare schemes to encourage birth of girl child. Unfortunately the data from other districts shows a negative growth in birth ratio,'says Thenpandian. He recollects the decadelong legal battles and protest about the growing demand (lobbying) from male protection groups to scrap the law, citing reason of insecurity and discrimination in society. Terms and terminology, delaying tactics practised by certain lawyers and certain provisions of the Domestic Violence Act 2005 were discussed in the seminar jointly organised by Pengal Urimai Iyakkam and People For Human Rights. The seminar was headed by Badar Sayeed, an advocate and exMLA.Explaining domestic violence act, Suresh Babu, an advocate, said it is mandatory to issue a verdict in such cases within 60 days. He recalled India signing the Swedish International Development Cooperation Agency (SIDA) Agreement back in 1979 to ensure protection for women against domestic violence. Only then the Indian government enacted laws and amended existing ones to comply with the accord, he said. After decades of struggle, a truce was obtained when the the government passed Domestic Violence bill in 2005 which ensured basic protection for the complainant. It also denotes that the male must reconcile with his partner and live together, else arrange for proper compensation which was missing in other laws dealing with family disputes.





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 16 Replies

Tajobsindia (Senior Partner )     13 September 2011

To,
The Editor
IBN Live


It is like this here; when a man beats his wife regularly, and the wife gets him soundly thrashed by the police, 'civil liberties' groups are sometimes confused on what stand to take and your chanel are issuing misguided statements including this threads author one among many confused third generation metro wives before us !


Quoted Adv. Sh. Suresh Babu is confused and so is your article author on whether the referred Agreemet is still in place in reference to India or not ! We sish your article writer done home work before making the article live !


We all know that SIDA means Swedish International Development Agency


1. We also know that based on SIDA funded / grant support a Indian NGO played an instrumental role leading to a judgment by the Delhi High Court on gay rights in India (LGBT to be more polite to their cause) two years back.


2. Since SIDA was founded in the 1960s, India has been one of the biggest recipients of economic aid from Sweden. When India tested its nuclear weapons in 1998, the Swedish government chose to terminate the bilateral development cooperation agreement releaed by SIDA to its ratified member States. But the financing of projects already underway continued.


In 2003, the Indian government decided it would no longer receive financial aid from smaller donors such as Sweden with annual contributions below USD 25 million. The phasing out of traditional bilateral development cooperation was begun partly because of this executive decision of Indian State and article quoted bilateral agreement is one among others which got phased out !.


Hence the re. agreement is no longer in place after India's decision to refuse below its dignity grants............


3. Sweden’s development cooperation with India now -a-days mostly concerns the environment and climate control areas. This is in accordance with a decision by the Swedish government in 2009. Currently only on going yearly extension based Bilateral Agreements enjoyed between two countries are on Technology related fields, Textile export from India, Environment (climate change) projects and knowledge exchange and lastly on (Health) Midwives training to redue mortality rates in some of the rural parts of India.


We are aware the news article came to public scrutiny since there are some 80 Writ Petition pending before Hon'ble HC of Madras to scrap (Bharat Ratna) DV Act as filed by MRA (Men's Rights Activists)


We hope you shall rectify your mistake on SIDA and publish correction at the earliest.

Regards,
<tajobsindia@.....>

3 Like

zimmerzapper (student)     13 September 2011

we need to do a fundmental revamp of indian justice system. so that justice is granted and not fought for in shortest amount of time. why doesn't anyone try to change these faults of indian justice system.

Subhomoy Das (Retail Manager)     13 September 2011

Ms. ROSHNI B:

WITH REF. TO UR POST , AMBIKA`S HUSBAND IS LUCKY THAT HER WIFE IS READY TO JOIN  INSPITE OF THE FACT THAT AMBIKA KNOWS THAT HER HUSBAND IS HAVING AN ILLICIT RELATION WITH ANOTHER WOMAN.

BUT I`M NOT LUCKY LIKE AMBIKA`S HUSBAND. MY WIFE LEFT MY HOUSE 1 YR BACK. SHE WAS PREGNANT THAT TIME AND SHE WENT TO HER PARENTS HOUSE ON THE PRETEXT THAT HER DELIVERY WILL TAKE PLACE AT HER PARENTS HOUSE AS PER HER AND HER PARENTS WISH. I HAVE MADE SEVERAL ATTEMPTS ASKING/REQUESTING HER TO COME BACK TO MY HOUSE. BUT SHE IS ADAMANT NOT TO RETURN. SHE GAVE BIRTH TO BABY BOY 4 MONTHS BACK. WHEN SHE WAS 8 MONTHS PREGNANT THAT TIME I LOST MY FATHER (HER FATHER-IN-LAW). NOW IN MY HOUSE I AND MY 75 YR OLD WIDOW SICK MOTHER IS THERE. MY MOTHER IS STILL IN MENTAL SHOCK AS SHE LOST HER 50 YRS OLD LIFE PARTNER. UNDER THESE CIRCUMSTANCES ITS HER DUTY TO STAND BESIDE ME AND MY MOTHER AND SHE HAVE TO TAKE CHARGE OF THE FAMILY.  BUT SHE IS NOT REDY TO COME TO MY HOUSE AND EVEN HER PARENTS IS NOT ALLOWING HER TO COME HERE. THE BABY IS MISSING HIS FATHER FOR NO FAULT AND IF MY MOTHER WOULD HAVE SEEN HER GRANDSON SHE WOULD HAVE FELT HAPPY. INSTEAD MY WIFE JOINED A SCHOOL SERVICE NEAR HER PARENTS HOUSE AND THAT SCHOOL IS RESIDENTIAL SCHOOL. SO SHE IS STAYING IN THE SCHOOL HOSTEL WITH THE BABY. BEFORE MARRIAGE SHE USED TO WORK IN THAT SAME SCHOOL AND IT WAS DECIDED THAT SHE WOULD QUIT HER JOB AFTER MARRIAGE. SHE STAYED 1.5 YR IN MY HOUSE NOT AT A STRECTH. I DOUBT WHETHER SHE RESIGNED THAT TIME.... WAS IT MY FAULT TO BELIVE MY WIFE WHO SEEMS TO STABBED ME FROM BEHIND (AN ACT OF TRAITOR). BEFORE MARRIAGE I TOLD HER THAT I `M LOOKING FOR A HOUSE WIFE. BUT TO DO SERVICE IS ENTIRELY AT HER DECISION. SO I TOLD HER NOW THAT IF SHE WANTS TO DO SERVICE OF SCHOOL TEACHER THEN SHE CAN DO AT MY PLACE. AFTER ALL SHE IS 1st CLASS POST GRADUATE AND B.Ed . BUT TO QUALIFY IN INTERVIEW IS HER STAKE. BUT SHE IS NOT EVEN READY FOR THAT. SHE IS NOT THINKING FOR THE BABY. MY HOUSE AND HER PARENTS HOUSE IS 400 KMS AWAY AND IN DIFFERENT STATE.

SHE AND HER PARENTS ARE TELLING ME THAT LET I BE AT AMY HOUSE, SHE WILL BE AT HER PLACE DOING SERVICE AND KEEP THE BABY WITH HER. SHE WILL NEVER COME HERE. BUT I HAVE TO DO DO THE DUTY OF HUSBAND AND HER FATHER FROM MY PLACE MAINLY BY SENDING HER MONEY. Ms. ROSHNI , YOU TELL ME IS THIS A LIFE. WHAT IS MY FAULT.  I HAVE SEEN MY SON JUST FOR 2 DAYS AND MY MOTHER HAVE NOT YET SAW HER GRANDSON AND I DOUBT WHETHER SHE WILL BE ABLE TO SEE HIM ANYMORE BECAUSE MY MOTHER HEALTH CONDITION IS NOT GOOD AT ALL.

MY WIFE HAVE TOLD THAT SHE WILL NOT GO FOR MUTUAL DIVORCE. OR SHE WILL NOT FILE FOR DIVORCE . HER NAD HER PARENTS MAIN AIM IS THAT SHE WILL DO THE SERVICE AT THAT SAME SCHOOL WHERE SHE WAS WORKING NOW AND ALSO BEFORE MARRIAGE.  THEY BREAK THEIR PROMISE. NOW ITS OBVIOUS THAT FOR THE SAKE OF THIER AIM / SERVICE THEY WILL DEFINITELY PUT FALSE ALLEGATIONS AGAINST ME AND MY MOTHER. HAD MY FATHER WOULD HAVE REMAINED ALIVE TODAY THEN HE WOULD HAVE ALSO BEEN BLAMED. NEITHER I NOR SHE HAVE FILED ANY COMPLAINT AGAINST EACH OTHER IN POLICE STN  OR COURT YET.

SO Ms. ROSHNI THESE TYPE OF LADIES (LIKE MY WIFE) ARE MOSTLY THERE. SO I`M UNLUCKY. AMBIKA`S HUSBAND IS LUCKY.....  WHAT WOULD YOU LIKE TO SAY REG THE LADIES LIKE MY WIFE. WILL YOU STILL BLAME THE HUSBAND AND HIS FAMILY.

Roshni B.. (For justice and dignity)     13 September 2011

My dear brother Subhomoy,

 

I am really sad to hear your story.I can understand your pain very well,since I have also been in a similar situation of getting deserted by my spouse.I have also spent those years in pain.

 

I am sorry to know about your mother's ill health,and about your dear father's demise too.

 

Please do not lose hope.There's a solution to every problem.

 

Now you need to find the righjt solution.Don't keep begging your wife.Just collect proofs that she left you,while you are insisting on her return.For example collect copies of your e-mails,your registered posts etc sent to her.If it's proven that she's the deserter,you won't have to pay her monthly,as far as my knowledge of the law is concerned.

 

Although this is your personallife,a solution crossed mymind just now.But it depends on you,if you  want to follow it.

 

Is it possible for you to shift near her school,if it's not that far.This way your old mum,and child will be looked after by both of you,and this marital mess will end.But before shifting,you have to also analyse its pros and cons v.well,or else you suffer later.

 

If that's not possible,you follow your hear and think of your self respect.

upasna (coordinator)     15 September 2011

hi Tajob,

Hope u r fine.. i recently happen to see the Facebook account of P. Suresh..he and his team is staging a dharna tmrw in Bangalore against DV act and 498A. I have posted all the information about the protest and about his society on our forum of LCI in divorce section. Please go throuh it once if you have time . I am really moved to see his struggle.Suresh Pitchaimuthu is the  President of NFHS(National Family Harmony Society) in Bangalore.


(Guest)

For sending this message to tajobs,the best way was to send a PM.Why spoil this discussion thread?

Tajobsindia (Senior Partner )     15 September 2011

Originally posted by :Princess
"
For sending this message to tajobs,the best way was to send a PM. Why "spoil" this discussion thread?
"

ROTFL ................

and what is that you discussed here to "appreciate" this thread ?

2 Like

Rajesh Kumar (Advocate)     16 September 2011

Marriage is a rotten institution...... Marriage should be declared illegal. 

3 Like

upasna (coordinator)     16 September 2011

1.Manners are a sensitive awareness of the feelings of others. If you have that awareness, you have good manners, no matter what fork you use.” 

2.I think the first virtue is to restrain the tongue,He /she reaches nearer to god who knows how to be silent when someone insult him/her.

3.Good manners sometimes means simply putting up with other people's bad manners.” 

 

I think I hv utilized the space this time. May god give peace to ur(the self -proclaimed desecendatnt of royality) restless soul in this life only..AMEN!!!!..

Wht say Tajob my friend....:).... I hope the highness is not angry now for my posting here....I apologise for my bravery my lady

Abramchichk (Be The Change)     16 September 2011

Is it true all Doestic Violence cases have to be settled in 60 days by the court???????

What if it doesnt go like this.

I filed a petitin on 3-3-2011. So far nothing has moved, only D.I.R submitted.

Pls. advice what shd I do to hurry the matter ???


regds.

Tajobsindia (Senior Partner )     16 September 2011

@ Abramchick

1.
For the Interim Order as prayed by Applicant / Agrieved person in her Application to pass by a competent Court The Act states it should be so far as possible within 60 days !


2. Rest is as per capacity of parties to comply legislative intent in spirit read with all other matters peding before same Court
.
 

tj (self employed0915997033)     21 September 2011

Indian legal system should be declared illegal.99% problems of India will be solved.

1 Like

(Guest)

I think heading of the posting is wrong and misleading

 

It should be  "Getting order as desired by complainant is not a cakewalk"

rather than

 

"Getting Justice..... is not a cakewalk"

 

Why it should be cakewalk? .. all they want is make false accusations and  get  courts behind them !!! Already law of natural justice is bent in DV.. rather than assuming accussed to be innocent till proven guilty... the law has been turned upside down!!! 

3 Like

bhima balla (none)     05 March 2012

 

Originally posted by :Onlytruth
"
I think heading of the posting is wrong and misleading

 

It should be  "Getting order as desired by complainant is not a cakewalk"

rather than

 

"Getting Justice..... is not a cakewalk"

 

Why it should be cakewalk? .. all they want is make false accusations and  get  courts behind them !!! Already law of natural justice is bent in DV.. rather than assuming accussed to be innocent till proven guilty... the law has been turned upside down!!! 
"

 Completely agree with above statements.


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