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Roshni B.. (For justice and dignity)     03 January 2012

Can wife seek compensation from husband's girl friend?

 

AHMEDABAD:

 

Can a wife demand compensation or maintenance from her husband's girlfriend under provisions of the Protection of Women From Domestic Violence Act, 2005?

The Gujarat high court is to decide on the issue after getting the first case of this type for adjudication.

The issue came in the form of a petition by one Jalpaben Padsala from Rajkot, who wanted the complaint filed under DV Act against her to be quashed. As per case details, a couple Meetaben and Gautam Akbari developed differences and began staying separately in 2002. Last year, the wife filed a complaint under domestic violence laws alleging that Jalpaben was her husband's kept, and she sufferred a lot due to their relationship. Hence, she along with Akbari should be made to compensate her and action should be taken against her as well as per the law.

The DV Act is a civil law, which provides that in cases like that of Meetaben who has sought compensation under section 12 of the Act, the respondents can be directed by court to compensate the complainant or to maintain her.

After a magisterial court in Rajkot began proceedings on Meetaben's complaint, Jalpaben moved HC demanding that the complaint against her at least be quashed. Her counsel Umesh Trivediargued that a woman can file a complaint against her husband and his relatives only. He submitted that Jalpaben was not a relative of the husband and, therefore, she cannot be made liable to pay to the wife.

The lawyer also referred to a Supreme Court judgement, wherein while dealing with a case of section 498 of IPC, the apex court examined who could be considered a relative. Even Gujarat high court, in June last year, quashed a complaint filed by a woman in Bhavnagar, whereby she sought to charge her husband's girlfriend for domestic violence under section 498 of IPC.

On the other hand, Meetaben's lawyer Krunal Shah referred to the Act and submitted that words "aggrieved person" is well defined in the law.

Justice R H Shukla admitted the petition with observation that the matter required consideration. HC has stayed the proceedings and scheduled further proceeding in the second week of the month.

https://timesofindia.indiatimes.com/city/ahmedabad/Can-wife-seek-compensation-from-husbands-girlfriend/articleshow/11345375.cms



Learning

 22 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 January 2012

DV ACT DO NOT COVER  non family members as on today. 

Now as it is subjudice, wait and watch 

1 Like

Ranee....... (NA)     03 January 2012

ha ha ha ....

Roshni B.. (For justice and dignity)     03 January 2012

the husband has already given a grand position to his k***,that she is almost like a relative.hence she must also be booked.

 

secondly,even if DV act does not recognize her as a relative,it must add this clause that the "other woman" must also be treated as a relative...

 

same clause must be added in 498A too...

 

why we indians are so rigid about making such amedments???

 

 

as of now,the very purpose of these 2 laws,ie,to give justice to the aggrieved wife who has been troubled by her husband's k*** stands defeated..


the keep will keep enjoying the rights of a wife,but the law will not be able to do anyth. for the wife....so all the crusading dun for the dignity of a lawful wife in all these decades by the feminists has gone waste...

 

these feminists kept filling buckets of water so that this water benefits sum1,but then they also kept pricking holes in them

 

so now all the water is draining out....hence, what was the need to fill all this water,when they did not want it to reach the deprived women????this is something which puzzles me!


(Guest)

Sickness of  Bharat Ratna D.V. Act.

If she really want to punish her Husband, why not Book for Adultry (IPC 497).But she wont get any Money Isn't it?. 

So She want MONEY MONEY ! ! ! !

in terms of Compensation......
 

May GOD save this Country..

1 Like

Ranee....... (NA)     03 January 2012

 

@Zameer

can a wife punish his her husband under S 497??

A ke*p enjoys life after fights starts between husband and wife because of her.She becomes the other womanjust because of money.When there will be a provision to book her in such a case and when she will ahve to visit court  for such a shameful position of her owner's life then many women will learn a lesson before getting them engaged to married men.

Your version is strange because you hate wives only not ke*ps!!How can a man refuse to give money to his lawful wife but becomes happy when extorted by MIstReSS??

Ranee....... (NA)     03 January 2012

Originally posted by : Zeeshan
"
I think she did right. What's wrong in this ? 
"

Zeeshan  

who is she here?

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     03 January 2012

RESPECTED FRIENDS

I WANT  TO INFORM U THAT THERE IS NO POSTION OF GIRLFRIEND IN INDIAN LAW AS WELL AS DV ACT SOOO THERE IS NO PROVISION OF MAINTENANCE IN ANY LAW IN INDIA


(Guest)

@Utpala

There is nothing to feel Strange about my views, What I see we have All Women favoured law in India. All righs are for Women and All Repsonsibities are for Men. So She will get Compensation from her Husband not from GirlFriend or Mistresss.

But I Strongly Object Husband here for this, But see Fortunately, and NOT SURPRISE for me. that we dont have such provision where we can punish such Mistress alone that why She indulge with Married Men for such Acts.

And Still Men (Husband) here Vulnurable for Sexual harrasement (Bill 2011) from His Very Own Mistres.

But Question here Lies with Wife Wheather she want Justice or Money ?


(Guest)

Agreed with All

There is Nothing wrong in this, But I was Wondering if Husband can seek compensation from Wife's paramours?

Do we equal Law or Other way round?

galsober@yahoo.co.in (def)     03 January 2012

These type of petitions against non-respondents shud nt be sustainable at all! We have to move as per the law draft holds today..whether rite whether wrong!

zimmerzapper (student)     03 January 2012

i think feminists had a sound reasoning behind this draft of law, although i feel the whole dv act is wrong. for example if wife is given the chance of prosecuting her husband's gf or keep, and if a husbands were to rape a woman, his wife could file a case against that woman that she had an affair and is now making false accusations to escape from my case, etc.

Roshni B.. (For justice and dignity)     03 January 2012

no,u r wrong here.

 

when a wife comes to know of an affair...she is usually having proofs,ie,love letters,e-mails,SMS or seen them in romantic/compromising position together...or even late night phone calls.

 

a rape victim of her husband will not act in this manner..

 

feminists want to protect the k*** only becoz she's a woman...nth. more


(Guest)

 

Kindly read the below news.There is a limit to how much lenience and mercy you can show to a woman,even if she is responsible for ruining a wife's marriage,or for her suicide...

 


https://timesofindia.indiatimes.com/city/delhi/Woman-let-off-on-probation/articleshow/11344900.cms

Woman let off on probation


 

 

NEW DELHI:

 

A trial court has released on probation a woman, who was held guilty of abetting the suicide of a newly-wed, on the ground of her gender.

While giving the woman an opportunity to reform herself, additional sessions judge Rajeev Bansal, however, sentenced the victim's husband, Dinesh Kumar, to five years in jail for the offence.

 

"If the in-laws of a bride are in any manner found to be instrumental in her death by the judicial process, which amounts to an offence, such offenders do not deserve any undue mercy in sentencing and demands a befitting punishment," the judge said.

The court released 26-year-old Sushila, a relative of the deceased, on probation after considering that she was a first-time offender and a mother of three children, eldest being less than six years of age. " The duty of the court is that instead of sentencing a female convict to custody, an opportunity should be given to her to reform herself and become a responsible member of society," the judge said, adding she shall not involve herself in any other criminal activity. The court held the two Chattarpur residents guilty of abetting the suicide of Dinesh's wife in 2009 soon after her marriage.

 


(Guest)

the above judgement is sending wrong messages to society...

 

that if u r a married woman with small kids,you can harass anyone till she/he commits suicide...

 

at the end,the judges will let you off with a warning,only because you committed this crime for the 1st time!!!

 

God save my country!


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