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Roshni B.. (For justice and dignity)     12 November 2011

Dv cases are disposed off early is one big joke...

 

Domestic violence cases pending for over 3 yrs


 

March 2008: A school teacher had filed a case against her husband accusing the latter of infidelity. It is awaiting cross examination of the husband.

 

 

* July 2009: A housewife had filed a case complaining physical harassment and ouster from her house. The case is awaiting a decision on alimony to be paid by the respondent.

 

 

* November 2010: A housewife had complained of physical harassment by her husband. The notice is yet to be issued to the respondent.

 

 

The fate of several cases filed under the Domestic Violence Act, 2005 is similar. The Act mandates that these cases should be decided within 90 days of their filing.

 

 

In the first case, the complainant stated that the husband had married another woman and had been residing with his second wife for over six months without divorcing the complainant. While the complainant is currently residing in a shelter home with her two children aged below fifteen years, she is yet to receive maintenance.

 

 



 

Meanwhile, the second case has the complainant accusing her husband of causing mental and physical harassement to her. While it has been a year since the complaint was filed, the summons have not yet been issued to the respondent. The two have been living separately for the last eight months.

 

 

Further, in the third case, the complainant had grievance of being physically harassed by her husband and being thrown out of her own house (which is registered in the name of her parents). The case is awaiting a date for final arguments for the last six months and she continues living in a shelter home.


 

In the third case, the complainant’s lawyer last month had moved an application for transferring the case to the mediation centre.

 

 

However, the response of the court is still awaited.

 

 

“As the case is being delayed, we thought of requesting the court to refer the matter to the mediation centre so that the complainant could seek relief. We are waiting for the court’s order,” said Rajan Malhotra, the complainant’s lawyer.


https://www.indianexpress.com/news/domestic-violence-cases-pending-for-over-3-yrs/874202/2



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 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 November 2011

i think a PIL  should be filed in this regard. it is violation of fundamental right(Speedy Justice)

Roshni B.. (For justice and dignity)     12 November 2011

@ Zeeshan

 

I respect your concern.

 

However this thread is talking exclusively about the fate of DV cases.Please respect this thraed and refrain from creating controversies by posting husbands' concerns.Because if you do,the concerns of a DV victims go for a toss..

 

You are free to start a separate thread which deals with terrorism of husbands.Nobody,including me will stop you.

 

So please show some respect to this thread atleast.I request you to delete your reply,as it's talking of things which are unrelated to my topic.

 

Regards,

 

Roshni


(Guest)

Yes.This Act is really a bharat Ratna!

Bearing unik qualities!

Roshni B.. (For justice and dignity)     12 November 2011

This news highlights the slowness of Indian judiciary.

 

....................................................................................................................................................................................

So,if you find it biased,it's your wish.

 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 November 2011

Certainly DV cases should be tried fast in 90 days similarly cases of divorce mist also be decided fast in a definite period of tim e and the party who draggst he case should be put behind the bars.

Aishwarya (Teacher)     12 November 2011

i second with the expert opinion by bhaskar ji

Krishna Kumar (Business)     18 November 2011

When the law made to file only genuine cases, then there is no delay for processing the cases.Now a days most of the 498a and DV cases are false case, then how come the genuine cases will be processed faster?

Whatever the queries comes to this forum, no faminist think whether it is genuine or not, suggesting to file DV, CRPC 125, 498a cases and telling the cases are delayed.

First the govt change the law in such a way to file only genuine case and stop fake cases by punishing the person who file fake case.

1 Like

Roshni B.. (For justice and dignity)     18 November 2011

Originally posted by :Krishna Kumar
"
When the law made to file only genuine cases, then there is no delay for processing the cases.Now a days most of the 498a and DV cases are false case, then how come the genuine cases will be processed faster?

 
"

 

 

I support this view

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 November 2011

AbSOLUTELY RIGHT WHEN ONLY GENIUNE CASES WILL BE TRIED MAY 5-10% OF CURRENT CASES YOU CAN IMAGINE THAT DISPOSAL WILL BE IN 1/20TH OR 1/10TH  PERIOD THEN  CURRENT TIME.

 

IT IS INFACT IN THE INTEREST OF ALL WIFES WHO GENIUNE CASES THAT THE LAW IS SUITABLY CHANGED AND PERSONS WHO FILE FALSE CASES BE PUNISHED STRICTLY.

1 Like

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