Originally posted by : Uma parameswaran |
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It is only a beneficial legislation . Please read the Act fully and make comments. |
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Beneficial Legislation ?????? what you are talking here Mr. or Ms. Lawyer (whatever your gender is).........
Please go and read first that any kind of class legislation is banned even as per Constitution of India (Art. 14)
Now if you even understand slightly more basics of Law then for a Statute to be called as the one which is "reasonably classified", it has to adhere to Article 14 of Constitution of India - "Equal Protection before Law" and should pass the tests as laid down by the Hon'ble Supreme Court in below re. where even UOI lost the case !
DV Act is not a class legislation in any manner and to call it a "reasonably classified" statute, it fails the tests laid down as it attempts to take away the male partner's rights which are guaranteed by the classification. Hence, it's aim is only to bring in social parity and to help the deprived to come into the mainstream breaking the shackles. In other words, the Act is to perform as a deterrent to those erring male partners and hence have been causing the domestic violence. Even under this theory, the statute cannot be allowed to operate retrospectively which is second headache created by this so called ultra virus Act passed in a hurry by both Houses with what 27 debates from 2002 till date ha ha.
If above is undigestable then read yourself Mr. or Ms. Lawyer before callign DV Act "welfare legislation" - misinformation to readers by so callaed lawyers collective !
1981 (4) SCC 93
Accountant General & Anr ETC. ETC Vs. S Doraiswamy & ORS.
1994 (5) SCC 450
Union of India Vs Tushar Ranjan Mohanty on 14/07/1994
2006 (2) SCC 740
S.L. Srinivasa Jute Twine Mills P. Ltd Vs. Union of India & Anr