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Rajendran Nallusamy (Advocate)     18 March 2008

Dowry Prohibition Act & Domestic Violence Act

Can two independent complaints be given under the Dowry Prohibition Act and Domestic Violence Act?


 6 Replies

Guest (n/a)     20 March 2008

Yes , Both the acts are totaly different . Dowry prohibition act relates to olny those cases of dowry, while domostic violence act is intetented to protest the woman from all her sufferings at the matrimonial home and also to give her protestion. The magistarate has power to give direction to protection officers to visit the home and report and to take cognizance. Pls inform me if i am wrong.

davinder (advocate)     25 March 2008

yes domestic violence act itself is very clear about it

Korugu Venkatesh (Advocate)     16 April 2008

case law
(1894) 1 QB 725
AIR 1997 SC 1925
AIR 1951 SC 128
(2005) 1 SCC 229
See Master Ladies’ Tailors Oranisation v Ministry of Labour (1950) 2 All ER 55; Sree Bank Ltd v Sarkary Dutt Roy & Co. AIR 1966 SC 1953 Ramji Purshottam v Laxmanbahi Kurlawala (2004) 6 SCC 455; R v Birwistle ect. Justucwa (1889) 58 LJMC 158 (Court held that despite absence of statutory language, the Married Woman (Maintenance in Case of Desertion) Act, 1886, applied to desertions which took place prior to the Act’s passage; “It was intended to cure an existing evil and to afford to married women a remedy for desertion, whether such desertion tool place before the passing of the Act or not.”); Lane v Lane (1896) (Under Paragraph 133 , Section 4 of the Summary Jurisdiction (Married Women) Act, 1895, which entitled a married woman “whose husband shall have been guilty to her” to apply for an order under the Act, held to apply to acts of cruelty committed before the passing of the Act.); Workmen of Firestone Tyre & Rubber Co v Management AIR 1973 SC 1227 (though they generally do not retrospectively affect vested rights, remedial statutes should be constructed liberally, and the inhibition of the rule against retrospective construction may be applied with less insistence.).

Korugu Venkatesh (Advocate)     28 April 2008

Due to the emotional upheavals associated with domestic violence, Courts should anticipate occasionally receiving a series of applications and withdrawals from the same aggrieved person. Women in abusive relationships sometimes goes through phases whereby the perpetrator offers professions of love, appeals for mercy, and promises to change, resulting in the woman agreeing to give the man another chance but in reality simply prolonging the abuse. Despite the drain on valuable judicial resources, Courts should exercise tolerance. The Act does not mandate that the Court dismiss an application solely because the aggrieved person has filed and withdrawn applications on one or more previous occasions. Neither does the law permit the Court to dismiss an application solely because the Court had dismissed prior applications. Every act of domestic violence constitutes a fresh cause of action. Confronted with repeated applications and withdrawals, the Court may take suo motto action in referring the aggrieved person to support services like a counseling center, a shelter home, or a medical facility. The court may also seek the assistance of the Protection Officer in assessing the aggrieved woman’s particular circumstances. Compassion and understanding, rather than irritation and intolerance, is the better approach.

Korugu Venkatesh (Advocate)     10 May 2008

very good

bharat bhushan (lawyer)     15 May 2008

yes both different comlaints can filed in different acts

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