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D.V.Act Can Be Used By Men Against Women: Govt

Page no : 2

mukesh (Executive)     21 May 2010

Yes  my friends,

Here is nothing new.  This affidevit only support to wives / Daughter in law . Bcoz As per law Wom,en can't respodent. Some high courts judgement said yes, and some told No. Avoid to this stituation and in favour of Wives/daughter  in law Govt. Provide this affedevit. But A Mother in law can't use it against her Daughter in law.

This is a totaly gender baised programme and some peoples are trying to spoil / break our soceity

Mukesh

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 May 2010

Adv.Prabhakar'ji,
 

ENTHUSIASM APART :
 


WITH PROPER APPLICATION OF REASONINGS : (sans enthusiasm critisim)

 

1.  The Govt. affadavit, intends  to change the very concept of  "victim",  which till now was conveniently hallucinated as "Victim = Women".
 

 

2.   The Govt affadavit NOW says  "VICTIM =  WOMEN  and/or MAN"     .AND.  "NOT" only female gender.
THIS CHANGES THE LAW.

 

3.    AS IT IS,  even earlier the other family "women"  could always file D.V. complaints against family "womens"  as well as "men's".    There was no change in the hallucinated stand that other  women cannot commit D.V.,  since DOMESTIC VIOLANCE   was never intended only for the  "WIFE",  as hallucinated by legal professionals and enforcers.


 

4.  THE FUNNY PART OF LAW

(as quoted by Adv.Prabhakar)

:

One judge says  D.V.is applicable
....  "single judge of Delhi High Court saying yes"

 

Another judge says,  D.V. is applicable
....  "Bombay. High Court also said yes"

 

NOT TO BE OUT-DONE,  another Judge says,  D.V.is not applicable
...  "But A.P. High Court said no"

 

Again another over-enthusiastic  judge  says D.V.is not applicable
.... "Kerala High Court (Rema Devi Vs. State of Kerala) said yes"

 

Yet another Judge, who does not want to be left out, says  D.V. is not applicable
.... "M.P. High Court said no (Ajay Kant Vs. Alka Sharma)"

 

- One advocate says to restrict enthusiasm and interpret as usual (as earlier)
- Another advocate says  only females can seek recourse under the Act.
- Govt. Affadavit (Legislature)  declares  "right of Victim"  and not "right of female" or "male"
- Govt. Affadavit describes " D.V. can’t be guided by the "GENDER"  of the perpetrator"
(HERE, the perpetrator could be a Female or a Male or otherwise)
- Some Advocates, refuse to understand the "meaning & value" of Govt.Affadavits filed in Courts.
-  One advocate, smartly but vestedly wishes the  "chaos"  to continue.

 

 

5.   It is to restrict the Judiciary, into REPEATEDLY  & WRONGLY  interpreting the Act and its legislative intentions,  that the Govt. has filed the affadavit,  which has the consent of the Legislature.

 

 

6.  UNDER power delegated by the Legislature,  the Govt. has filed an affadavit.  IF it is retracted,  THEN  the D.V.Act, is bound to be  scrapped,  as being "faulty" due non-credibility of the Law.
MY PERCEPTION, is that the Govt. deliberately filed such affadavit to dilute its own folly of creating or say legislating such D.V.Act.

 


7.   Constitutional Perspectives  (coerced by UN)
The D.V.Act,  was passed by the Parliament with recourse to Article 253 of the Constitution. This provision confers on the Parliament the power to make laws in pursuance of international treaties, conventions, etc. The Domestic Violence Act was passed in furtherance of the recommendations of the United Nations Committee on the CEDAW. The Act encompasses all the provisions of the Specific Recommendations which form a part of General Recommendation no.19, 1992.
 
 

From the above, it seems that the Govt. was coerced to commit the folly of enacting the D.V.Act, due to UN pressure,  AND now after looking at the chaos created in different HC's by over-"ENTUISIAM-womens and their over-smart Advocates,  the Govt, files this affadavit to dilute the impact or say implications of the Act.

 

8.  AND MORE OVER,  the above is more evident from the fact that when there are existing provisions under the Indian Penal Code and the Code of Criminal Procedure, pertaining to such violences, the folly of enacting D.V.Act,  was done under pressure from the UN.

 

9.  MAKE  a   KICH-DEE  out of the law and enjoy the legal proffession.  IT is totally abritratory and idiotic to perceive that women do not perpertuate or propagate domestic violance.   Look at  Ramayan and Mahabharata,  the women's characters were the ones who perpertuated, instigated and propagated violence.

 

PERSONALLY,  I'm enjoying the legal chaos,    NOT DUE TO INTERPRETORS OF "enthusiasm"  BUT DUE TO EUPHORIA. of the legal chaos, caused by the perparators of the D.V.Act.

 

Keep Smiling .... Hemant Agarwal
 


(Guest)

This is DIL act , not DV act

Naveen Kumar Shelar (Advocate & Legal Consultant)     15 June 2010

if your wife is harashing you and your family member ( your father, mother and sister), and threating to induldge in false cases like DV, or National Council for Women, Dowery or all.

what is the protection available to a hunsband and his family.

 

need help and advice.

G. ARAVINTHAN (Legal Consultant / Solicitor)     15 June 2010

Nobody believed when DV Act is used by mother-in-law against her son and daughter in law. But it is at the stage of argument now

mukesh (Executive)     16 June 2010

Hi,

I think DV act is very clear. And Affedevit also submitted by Govt. is very clear.

Male can 't use DV act against women.

And Dear Aravinthan S/o Ganesan  :

Nobody believed when DV Act is used by mother-in-law against her son and daughter in law. But it is at the stage of argument now

Here is nothing surprising Thing. Now in Delhi Some mother used DV against her Son.

In my openion If husband and Relatives are fearing DV case by wife . Mother in law should File case  against her DIL and Son.

 


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