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is an rti application to a public authority an act of d. v.

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Is an RTI application to a public authority, to elicit truth, an act of domestic violence against the wife ? Request case laws / judgements supporting the husband ( saying an RTI is not domestic violence )
---------- details ---------
* An honest husband, has been hit with a False domestic violence case ( and 498a , CRPC 125 cocktail ).
* There are various false allegations which he is countering independently.
 * inter Alia His wife claimed approximately Rs.15,000 per month for residence ( in her other cases )
 * To find out if the wife was living in a own house or a rented house, he filed an RTI application with the ____(city) municipal Corporation.
 * He had requested information regarding the ownership of the house ( where wife lived ) and on whose name that house was registered...
 * as you know, Registration information and ownership of houses is public record...
 * Now the wife is claiming that this RTI application itself is further domestic violence.... !! And cruelty
 * This RTI application was filed after the husband and wife stopped living within the same shared household... She had filed 498a, 125 etc before the RTI. However they were still married ( not divorced at that time. That means after they parted and started living separately but divorce NOT decreed.
 * So the main question here is is an RTI application seeking publicly available information, a domestic violence?
 * if an act does NOT abuse / accuse or violently attack the wife and does NOT public ally defame the woman, how is it DV ?
 * what is the established position on this ?
 * If you have any cases that say RTI application is not an act of domestic violence please share that here
 * thanks in advance and God bless you for your help

 
Reply   
 
Vakeel No. 1

Answer: Legally speaking, information relating to “judicial records” is not excluded from the information which is required to be provided under the Right to Information Act, 2005. However, most of the courts do not provide information relating to judicial records under RTI. Many of the courts have specifically made rules that restrict providing of information relating to judicial records, though in vague language.

For example, under Rule 5(a) of the Delhi High Court (Right to Information) Rules, 2006, “such information which relates to judicial functions and duties of the Court and matters incidental and ancillary thereto”, is exempted from disclosure of information (see here).

Since you have not mentioned the court where your matter is pending, you’ll have to check the relevant rules, if any, made by such court or by any superior court thereof.

Let me point out as to how the RTI Act does not contain any restriction on supply of information relating to the judicial records (and, yet such information is not being supplied, generally, by most courts). Relevant provisions of the RTI Act have been reproduced at the end of this answer.

Firstly, the definition of “information” under 2(f) of the said Act does not exclude information relating to judicial records. Secondly, courts are covered within the meaning of “public authority” defined under Section 2(h) of the Act. Thus, the judiciary or the courts are required to provide such information, unless there is some provision in the said Act that restricts supply of such information.

The only provisions in the RTI Act that can restrict supply of information are contained in Section 24, 8, 9 and 11 of the Act.

Under Section 24 of the RTI Act, it is laid down that the provisions of this Act do not apply to certain intelligence and security organisation as are mentioned therein. Judiciary or courts are not such organisations.

Section 8 places restrictions on supply of certain information mentioned in that section. The only relevant provisions which could possibly apply in your case could have been clauses (b) and/or (e) of Section 8(1), but they don’t apply here. As per clause (b), there shall be no obligation to give “information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court”. However, this provision appears to be applicable only if there is an order of a court passed in its judicial capacity. In your case, there does not appear to be any such order. A general order passed in administrative capacity of the court, or any rules made by a court, are supposed to be not covered under this clause. Similarly, clause (e) of Section 8(1) says that there shall be no obligation to provide “information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information”. However, this clause will also not apply in your case since you are a party to the case in which you are seeking information and such information deserves to be provided to you even in larger public interest, since otherwise how can you defend your case.

Section 9 of the Act places restrictions on supply of information which may involve infringement of a copyright. This is also not applicable in your case.

Section 11 places certain restrictions on supply of certain third party information. In the present case, it can perhaps be claimed that the interlocutory application sought by you may relate to third-party information. However, since you are a party to the case, you have a right to get copies of all relevant applications filed in the case, and the third-party principle cannot apply in your case.

Therefore, it may be seen that information relating to judicial records sought by you should be made available to you, since it is not exempted under any provisions of the RTI Act. Yet, most of the courts do not provide such information, as mentioned above. This is impermissible under law. But, the law is interpreted by the courts themselves. Also, it appears that such restrictions have (perhaps) not been challenged in courts on their judicial side or before the Supreme Court on its judicial side.

So, the option before you is to file an appeal, against the refusal of RTI information, to the first appellate authority, and then to the Central or State Information Commission, as the case may be. If need be, after that, you can challenge it before the High Court concerned and before the Supreme Court. I know it may not be possible for you to do it. But, then, someone may perhaps will have to do it at some point of time. Otherwise, such impermissible rules will continue to exist.

The second option before you is to pursue with the Copy Section of the court, and if need be, approach the senior officers (such as Registrar) of the court to direct the Copy Section to give you the copy of the application desired by you.

The third option may perhaps be to file a formal interlocutory application (or, by whatever name it is called in that court) before the court itself (where your case is pending) for seeking direction to the Copy Section or the Registry of the Court to give you copy of the application sought by you.

If you fail in the efforts so made, you may have to pursue the case before the next higher court or authority, as the case may be.

These are the only legal or lawful options available, as far as I can think of.

—————–

Relevant provisions of the RTI Act, 2005:

2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

2(h) “public authority” means any authority or body or institution of self-government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

and includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;

8. Exemption from disclosure of information.—(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under Section 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

9. Grounds for rejection to access in certain cases.—Without prejudice to the provisions of Section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

11. Third-party information.—(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

(3) Notwithstanding anything contained in Section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under Section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under Section 19 against the decision.

24. Act not to apply to certain organisations.—(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of (sic if) information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in Section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in Section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.



Attached File : 352477 20160618084745 457809567 rtifile .pdf downloaded 30 times
 
Reply   
 


Vakeel No. 1

Originally posted by : Subu
Is an RTI application to a public authority, to elicit truth, an act of domestic violence against the wife ? Request case laws / judgements supporting the husband ( saying an RTI is not domestic violence )
---------- details ---------
* An honest husband, has been hit with a False domestic violence case ( and 498a , CRPC 125 cocktail ).
* There are various false allegations which he is countering independently.
 * inter Alia His wife claimed approximately Rs.15,000 per month for residence ( in her other cases )
 * To find out if the wife was living in a own house or a rented house, he filed an RTI application with the ____(city) municipal Corporation.
 * He had requested information regarding the ownership of the house ( where wife lived ) and on whose name that house was registered...
 * as you know, Registration information and ownership of houses is public record...
 * Now the wife is claiming that this RTI application itself is further domestic violence.... !! And cruelty
 * This RTI application was filed after the husband and wife stopped living within the same shared household... She had filed 498a, 125 etc before the RTI. However they were still married ( not divorced at that time. That means after they parted and started living separately but divorce NOT decreed.
 * So the main question here is is an RTI application seeking publicly available information, a domestic violence?
 * if an act does NOT abuse / accuse or violently attack the wife and does NOT public ally defame the woman, how is it DV ?
 * what is the established position on this ?
 * If you have any cases that say RTI application is not an act of domestic violence please share that here
 * thanks in advance and God bless you for your help

 

The Law (PWDVA)
What are the legal rights of domestic abuse victims?

In 2005, the government of India passed new legislation on domestic violence called the Protection of Women from Domestic Violence Act 2005 (PWDVA). It is a civil law aimed at providing relief to million of women including wives, mothers, daughters and sisters affected by violence in their homes.
 
Through the PWDVA, affected women are entitled to:
 
Protection: The magistrate can pass orders to stop the offender from aiding or committing violence within and outside the home, communicating with the woman, taking away her assets, and/or intimidating her family and those assisting her against the violence
Residence: The woman cannot be evicted from the shared household.
Monetary relief and maintenance: The woman is entitled to maintenance, including loss of earnings, medical expenses, and damage to property.
Compensation: She can claim damages for mental and physical injuries.
Custody: The court can grant her temporary custody of children. Interim order/ex parte order. The court can pass an interim order to prevent violence before the final order. In the absence of the other party to the dispute, an Ex Parte order can be passed.
Legal service: Women have the right to free legal services under the Legal Services Authorities Act, 1987.
What is the PWDV Act of 2005?

The Protection of Women from Domestic Violence Act 2005 includes actual or threatened abuse against women in their homes, including those of a physical, s*xual, verbal, emotional or economic nature. This legislation is critical considering that more than two-thirds of married women between the ages of 15 and 49 have experienced some form of s*xual or domestic violence, including being beaten, raped, or forced to provide s*x.* Punishment for such acts includes a jail sentence of up to one year and a 20,000 rupee fine. The new law also provides a share of the husband’s earnings and property to the victim, including medical costs.
(Source: The Independent, “India brings in first law to protect women from abuse.” Justin Huggler, October 27, 2006)
Where can I file a case on domestic violence?

The woman or somebody on her behalf can file a Direct Information Report (DIR) with :
 
The Protection Officer (PO) who is appointed by the government. The PO registers the DIR, presents it before the Magistrate and ensures that the orders passed by the court are enforced.
A Service Provider – a voluntary organization registered with the state government, Service Providers assist in filing the DIR with the PO, provide her with legal aid, medical care, counseling or any other support.
The Police can file a criminal complaint under Section 498A of the IPC. On request the police will record a DIR under the PWDVA at the same time and forward the same to the magistrate.
The Magistrate – A woman can directly approach the Magistrate’s court to file a DIR under the PWDVA. If the woman already has a pending case, then she can fill in an application under the PWDVA and file it as an “Interim Application” in the pending proceedings.
What if the abuser continues to commit violence or violates the orders passed by the court?

Violation or not complying with the order of the court is a criminal offence under the PWDVA 2005. In such cases, the woman can complain to the magistrate or the police or the appointed Protection Officer. The abuser can be arrested following such a complaint, and necessary action would be taken against him.

 
Reply   
 
Vakeel No. 1

What protection does a woman have from domestic violence?

The Government of India taking cognizance of the situation wherein millions of women were being and still being victimized of domestic violence passed the Protection of Women from Domestic Violence Act 2005. This is an Act of the Parliament of India which aims to protect women from domestic violence which came to action from October 26, 2006 soon after it got the assent from the President.

The Domestic Violence Act or DVA has been quite successful as a lot of women have come up to file the criminal cases against the perpetrators and many of them even got swift justice.

Scope of the Law

Over the years, the scope of the Domestic Violence Act has been widened up. For instance, whereas the primary aim of the law was to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the latest decision by the Madras High Court says that complaints under the Protection of Women from Domestic Violence Act, 2005, need not be made only against men.

The Madras High Court held that the legislation does not insulate women from being accused of offences mentioned under it, the protection for a woman also is against another women like sisters or mother-in-laws. This is quite new interpretation for the law which has traditionally been providing protection to women living in a household such as sisters, widows or mothers from men but was silent about the violence from the women in the house.

The Domestic Violence Act includes actual abuse or the threat of abuse whether physical, s*xual, verbal, emotional or economic and according to the law harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition – this part is in addition to the Dowry Prohibition Act which is already available for women. Thus, the victims of dowry harassment have been given additional protection in the DVA.

Widening the Scope of Domestic Violence

As has been mentioned above the scope of ‘domestic violence’ has been widened to great extent in the Act as it includes actual abuse or the threat of abuse that is physical, s*xual, verbal, emotional and economic. Worth to mention is threatening the woman by not paying her food or goods of day to day requirements too can be domestic violence. Additionally, if the man is harassing the woman for dowry or demands the same from her relatives, it would amount to domestic violence.

The Protection from Domestic Violence Act, 2005 is available for those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household. The cohabitation may be consanguinity, marriage or a relationship in the nature of marriage, or adoption. Widening the scope, the legislators also included the women living together as a joint family like sisters, widows, mothers, single women, etc.

The DVA 2005 Assures Right to Secure Housing

A lot of women were facing a dilemma when they were forced from their in-laws’ house and were unable to claim property rights at their parental property before the amendment of the Hindu Succession Act, 2005. However, not just the Hindu Succession Act ensures women a part in the ancestral property but the DVA 2005 also ensures the woman’s right to secure housing as it provides for the woman’s right to reside in the matrimonial or shared household.

Interestingly, the right to reside in matrimonial or shared household is going to exist whether or not she has any title or rights in the household.

The Court Can Pass Prohibition Order against Abuser

The ambit of the DVA 2005 is not limited to punishing the abuser but also passing relief to the victim by the way of protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act. The prohibition order may stop the abuser from entering a workplace or any other place frequented by the victim. The court may also pass prohibition order to stop the abuser from attempting to communicate with the abused, isolating any assets used by the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.

Breach of Protection Order

When the court passes the prohibition order, and the abuser breaches it, then, it becomes a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.

Thus, the Domestic Violence Act is not just about protecting women from domestic violence but also about providing them right to shelter and right to live with dignity which has been ensured to them under the Article 21 of the constitution of India.

 

 
Domestic violence against men: High time government addressed the problem
India has also identified domestic violence as a crime and provides relief and protection from it – albeit to only Women!
×
 

Domestic Violence has been recognised across the world as a form of violence that affects a person’s life in every way – physically, mentally, emotionally and psychologically – and is a violation of basic human rights. Various countries have identified it as a serious threat to a person’s overall wellbeing thus providing relief in various forms. India has also identified domestic violence as a crime and provides relief and protection from it – albeit to only Women!

Indian men facing domestic violence at the hands of wife or female partner is a harsh reality. However, no one including our government has taken any stand on addressing it. Domestic Violence is a serious social issue, but men who face domestic violence in India have nowhere to go since the law doesn’t treat them as victims.

In most countries in the world, the laws against domestic violence provide protection to both men and women. Men can also seek restraining orders from courts, which restrain the abusive partner or wife from perpetrating abuse and even contacting the victim. Whereas in India, family violence against men is almost legal as there is no provision in any law to protect a man, who faces violence from wife or other female family members. There are several cases where a husband has been battered, abused, tortured by wife in connivance with her own family. Many a times the violence is so brutal that the husband suffers extreme injuries, in some cases he is killed as well.

This situation is mainly due to patriarchal thinking in the society, that men are stronger than women and they can defend themselves with physical force. Its high time India keeps pace with the rest of the world and makes the laws against domestic violence gender neutral.

Save Indian Family Foundation, an organization working on men’s rights, has now approached MPs to submit a private member bill in the parliament to start the steps towards enacting a law for protection of men from domestic violence. It is long overdue. We are currently Marital Rape and the argument is that it is recognised as a crime in several countries. If that be, domestic violence is also recognised in most countries as spousal violence and not man on woman violence. To keep pace with these developments, there has to be a policy to prevent family violence against men, believes SIFF.

Most abused men do not run away from their abusers and apply for divorce, because they are either afraid of losing access to their children or they are afraid of getting implicated in false cases of dowry harassment. They also dread huge financial losses and long drawn litigations in the process, given the insensitive and lackadaisical attitude of the Indian Judiciary, especially towards men.

In 2004, the National Family Health Survey (NFHS) has found that about 1.8% or an estimated 60 lakh women have perpetrated physical violence against husbands without any provocation. However, men are more likely to be threatened and attacked by male relatives of the wife than the wife herself. The strange aspect however is, men are not asked if they are victims of domestic violence in these surveys.

When physical violence and threats against men by wife’s relatives are taken into account, an estimated 3 crore men are facing domestic violence in India.

As there is a lot of social stigma towards men abused by women, most of the male victims do not come out in open and do not share their ordeal with family, friends or colleagues. Male victims of domestic violence are ridiculed and considered as unmanly. Such thinking is chauvinistic and it is harmful.

Violence on men can range from anything like - physical violence including slapping, pushing, hitting by wife, her parents or relatives; emotional violence with wife threatening suicide to intimidate and control the husband; verbal abuse if husband remains in contact with his parents or comes home late from work; throwing objects like utensils, cell phones and crockery at the husband; s*xual abuse if husband denies s*x to mental abuse by constant threats of implicating the husband and his family under false case of dowry and domestic violence.

Today, many women have serious anger management issues. They also seem to bring the stress of the workplace to the home. This is one of the main reasons of domestic violence against men. The other reasons include intolerance and anger at non-fulfillment of expectations. Sometimes, inability of husband to meet monetary demands of wife also leads to abuse and violence

Times are changing and there are many men whose wives are more educated than their husbands and earn more. However, the burden of running the house still rests on the man owing to 16th century patriarchal beliefs and this paves the path for abuse of men. Such a law could allow such husbands to seek maintenance from an abusive wife and lead a dignified life free from abuse.

Male victims of family violence go through low self-esteem and their performance at workplace suffers. Thousands of such men are approaching psychiatrists, who are not of much help, when a law to provide protection to men and restrain the women does not exist.

Most parents of women blame the son-in-law for the breakdown of the marriage, without accepting that their daughter is abusive or she has serious anger management issues. They somehow think their daughter can never be wrong and expect the son-in-law to tolerate her. They get violent at son-in-law to teach him a lesson or seek revenge. Police rarely accept any complaints filed by husband about the violence he is suffering, claiming that this is a family issue. They also refuse to provide any protection to the man.

The patriarchal thinking that “Mardko Dard nahihota” (Men do not feel pain) eulogizes and patronizes emotional castration of boys from a very young age which teaches them to tolerate abuse and feel glorified about making sacrifices. Owing to this social conditioning, a vast majority of victimized men wear a plastic smile and hide their scars and suffer in solitude.

The survey conducted by National Family Health Survey which throws light on unprovoked violence against men by women is evidence in the face. Notwithstanding the fact that double the numbers of men commit suicide compared to women, it should not be a surprise to ask for a law to protect men as such a law for women already exists. In fact, it would be preposterous in this age of gender equality, not to have such a law. Such a law to protect men from domestic violence would act as succour to millions of those men who feel victimised and left out.

It would also provide them with a legal platform to come forward and share their pain and get some semblance of a relief.

 

 
 
Reply   
 
Vakeel No. 1

 

Domestic Violence Act can be used against women too: HC

URVI MAHAJANI | Thu, 2 May 2013-08:00am , Mumbai , dna
Says Act should be interpreted to enhance justice, not frustrate it.
 
The Bombay high court, while dismissing an appeal, emphasised that a woman can press harassment charges against female members of a family under the Domestic Violence Act.
 
Justice Roshan Dalvi was hearing an appeal filed by a man, challenging a lower court order which allowed the cruelty complaint filed by his wife against him and his family members.

Dismissing his appeal, Justice Dalvi said, “The Domestic Violence Act is required to be interpreted to enhance justice to women and not to frustrate it.”

 

He added, “The provision does not specify a male relative. Hence, female relatives cannot be exempted from it.”

The wife had approached the judicial magistrate in Kalyan, seeking relief under sections of the Protection of Women from Domestic Violence Act, 2005, against her husband and his family. The magistrate had issued process against the husband and his family members on October 21, 2010. The same was upheld by the sessions court in Kalyan on August 8, 2011.

The husband had then challenged this order in the HC, saying that the Domestic Violence Act cannot be used against female relatives. The husband further claimed that his wife had not filed the complaint in a prescribed form, which was mandatory under section 12 as well as under section 23 of the Act.

To this, Justice Dalvi said that there is no need for a woman to submit her complaint in a prescribed form. He said that the act “is meant for protection of violated women. It is upon the acceptance that such women may not have the necessary legal advice.”

The judge further noted in her order that if the application is not in the prescribed form and the required details are not furnished then it should “not deter” any Magistrate or Court from granting any relief.

 

Scope of the act

Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women in a household such as sisters or mothers.

Domestic violence includes actual abuse or the threat of abuse — physical, s*xual, verbal, emotional or economic.Harassment by way of unlawful dowry demands are also covered.

 
Reply   
 
Expert Humanitarian and Lawyer

Originally posted by : Subu
Is an RTI application to a public authority, to elicit truth, an act of domestic violence against the wife ? Request case laws / judgements supporting the husband ( saying an RTI is not domestic violence )
---------- details ---------
* An honest husband, has been hit with a False domestic violence case ( and 498a , CRPC 125 cocktail ).
* There are various false allegations which he is countering independently.
 * inter Alia His wife claimed approximately Rs.15,000 per month for residence ( in her other cases )
 * To find out if the wife was living in a own house or a rented house, he filed an RTI application with the ____(city) municipal Corporation.
 * He had requested information regarding the ownership of the house ( where wife lived ) and on whose name that house was registered...
 * as you know, Registration information and ownership of houses is public record...
 * Now the wife is claiming that this RTI application itself is further domestic violence.... !! And cruelty
 * This RTI application was filed after the husband and wife stopped living within the same shared household... She had filed 498a, 125 etc before the RTI. However they were still married ( not divorced at that time. That means after they parted and started living separately but divorce NOT decreed.
 * So the main question here is is an RTI application seeking publicly available information, a domestic violence?
 * if an act does NOT abuse / accuse or violently attack the wife and does NOT public ally defame the woman, how is it DV ?
 * what is the established position on this ?
 * If you have any cases that say RTI application is not an act of domestic violence please share that here
 * thanks in advance and God bless you for your help

Sir Sir,

I want to know two things.. What is meaning of honest husband and inter alia, is your wife name alia?  Please elaborate and reply.  Thank you and God will bless you for sure !

 
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Social Studies Reader/Worker

Please dont take offence of my words, men really dont know to manage women, they let them dance and cant control them mainly cant manage them hence this kind of situation.  In real, it is she who is doing domestic/legal terrorism against you the great.  Your case is the first of its kind, RTI application becomes cause for filing DV case?  I can imagine how patehtic your situation must be.

Pay her alimony one time and take mutual divorce. rest all effort useless. Dont remarry. Marriage is not for you.

 
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Self Motivated

Originally posted by : Mrs. Bakshi
Please dont take offence of my words, men really dont know to manage women, they let them dance and cant control them mainly cant manage them hence this kind of situation.  In real, it is she who is doing domestic/legal terrorism against you the great.  Your case is the first of its kind, RTI application becomes cause for filing DV case?  I can imagine how patehtic your situation must be.

Pay her alimony one time and take mutual divorce. rest all effort useless. Dont remarry. Marriage is not for you.

NO offence taken because your reply is NOT concerning what I asked

1. my question is NOT about man - woman relationship, NOT about man managing a woman's ego or NOT managing a woman etc etc... I'ts a legal question at a lawyer's forum 
2. my question is NOT to psycho analyse a husband or talk about who can or cannot marry It's NOT about marriage !!, its purely a legal quesstion about case laws and judicial precedents
3. I'm amazed at the number of social pundits jumping into legal threads !!

 

regards

 

 
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Self Motivated

 


 

 

Originally posted by : Vakalath
Answer: Legally speaking, information relating to “judicial records” is not excluded from the information which is required to be provided under the Right to Information Act, 2005. However, most of the courts do not provide information relating to judicial records under RTI. Many of the courts have specifically made rules that restrict providing of information relating to judicial records, though in vague language.
............................................
 

Dear Sir, Madam

Thanks for the detailed and painstaking reply !!

You have REALLY taken time to reply and I wholeheartedly thank you for the same

I have just one point / one request further... While you have beautifully answered the RTI side, and explained how to get the info, this husband is facing a challenge from the other side ..ie... his wife has A DV CASE  now saying that the VERY FILING of RTI is tantamounting to DV ... so the issue is NOT about how to get info, the issue is about IS an RTI application an act of domestic violence ?? !!

could you also please help me with that question ? thank you

 

 
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