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indianzindian (business)     04 October 2010

domestic violence

can a girls claim that boy has given her one slap be considered under domestic violence...(girl also picked fight)..

 5 Replies

Tajobsindia (Senior Partner )     04 October 2010

1. No.

Reasoning: -

C.K. Daphtary, the renowned Attorney General for
India was in Geneva in the sixties appearing for the Government of India in the Rann of Kutch dispute with Pakistan. When asked what he thought about the foreign girls he met during his stay, he sighed with the poet: “We look before and after / and pine for what is not.” That was Chandubhai, an exceptionally human and amiable soul.

If you are in non-conformity by my straight answer then re-read what you mentioned yourself in brackets.


CommonMann (Software Professional)     04 October 2010

Yes. Even if you ask her to prepare and cook food..that also comes under domestic violence...Now you can judge what all comes in the room of DV....

G. ARAVINTHAN (Legal Consultant / Solicitor)     04 October 2010

even if you change channel that can be attracted as offence under DV Act

Jamai Of Law (propra)     05 October 2010

Are you saying that if a wife files divorce case and narrates many such incidents.

Husband eventually admits some of the inccidents but gives his version of the incident



Hence, and inadvertantly also, at least that incident's occurance is not disputed although the versions of both may different.



But the very occurance of incident itself suffices for DV it seems.



Are you saying that if any Husband agrees on any such incident but plays an 'assertive defense' in a divorce case and gives reasons and thus gets away in the divorce, BUT...............



Stll he is liable to be, and can be booked under DV, if wife quotes the same incident in DV complaint and also brings it to the notice of the concerned that the husband had indeed admitted to the incident?



And thus make him attract the punishment although not under divorce bit under DV atleast? or atleast book him convincingly and get him behind the bars first and have him 'free lunches' there and make him straighten up his **** in there.



And then he comes out lest his masculine arrogance and his ego crushed, which would remind him of  those days when he used to torture his lady and took advantake of her helplessness, before even thinking joining with any other gal in future !!....................



Not a bad deal for those victims/women.......................



Should it be applicable in the 498a case also.


Jamai Of Law (propra)     05 October 2010

So one has to file the divorce case first ...................



and make opposite party make assertive defence .......................



and then file DV on the same incident.............................




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