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Renuka Gupta ( Gender Researcher )     26 November 2010

Man fighting for harassed husbands fined 1L by HC Read more

Man fighting for harassed husbands fined 1L by HC  


AHMEDABAD: The Gujarat HC on Thursday slapped a penalty of Rs 1 lakh on Dashrath Devda, president of Akhil Bharatiya Patni Atyachar Virodhi Sangh for protesting against alleged misuse of domestic violence laws. A division bench fined him for filing frivolous PIL and for wasting court's time. 

Devda had approached the HC by way of filing a PIL demanding judicial interference in the alleged misuse of protection laws for women. He was demanding a protection in legislation for men, who are according to him henpecked by their wives. 

Devda has been claiming that women have abused the laws, which are in favour of them, but certain protection for men is also required against the misuse of the legislation. He filed this PIL, which came up for hearing before a division bench. When Devda began arguments as party-in-person, the court asked him to withdraw his PIL because his demand was to amend the legislation. Refusing to pay any attention to what the court was hinting at, Devda continued to argue how women in this country are worshipped, and no law is required for their protection. However, the chief justice repeatedly asked him to withdraw the PIL. 

Ultimately, the court imposed a fine of Rs 1 lakh on Devda and asked him to pay the money to the Self Employed Women's Association — an NGO working for women empowerment. The court has directed Devda to pay the amount of penalty within two months. 

Devda and members of his association often stage demonstrations and take out rallies in the city in protest against the domestic violence laws. They also help men in court proceedings, who face charges of domestic violence from their spouses. In this PIL also, Devda tried to assert their views that different pieces of legislation favouring women are misused, and ultimate sufferers are the family members. The association has been protesting against anti-dowry law of Section 498A of IPC, alimony related provisions in Section 125 of CrPC and the Protection of Women from Domestic Violence Act.

 Man fighting for harassed husbands fined 1L by HC - The Times of India https://timesofindia.indiatimes.com/city/ahmedabad/Man-fighting-for-harassed-husbands-fined-1L-by-HC/articleshow/6991947.cms#ixzz16PQInIUZ



 35 Replies

Bhartiya No. 1 (Nationalist)     26 November 2010

Good decision.

 

People are going by cheap populist views, and a hype is being created to malign the image of Indian Women/wives, to deny their rights. False propaganda of misuse is being spread.

It is the godesses made of clay and stones are being worshipped, not the real one, who are being thrown out of their houses..

Vishwa (translator)     27 November 2010

I think the judge was abusing his powers. If a PIL is filed, it should be judged on its merits. If necessary it may be dismissed. Why should the applicant be forced to withdraw his own petition? What is this NGO that this judge is trying to patronise?

There is nowadays a consensus that the dowry laws and the DV laws are being misused. It is greedy and worthless women who have created this perception.

It is stupid to pretend that women are goddesses. The right approach is that both women and men are equal and both should work hard for their own progress and the development of the society.

Vishwa

3 Like

Renuka Gupta ( Gender Researcher )     27 November 2010

To know  about SEWA  NGO please click the following link:

https://www.sewa.org/

Legal Wizard (Advocate)     27 November 2010

Domestic Violence act is a draconian law which is totally biased towards womenwhen constitution enshrines principles of equality the DV act should be amended. Furthermore 1 Lakh fine is to much ! recently Hon'ble Supreme court also observed the excess of Domestic Volence act and also commented on the person who whe instrumental in draftin the said act. PIL has to be gone on merits instead of dimissing the PIL in the very threshol of admission itself.

1 Like

Legal Wizard (Advocate)     27 November 2010

Do you know what is Domestice Violence Act and the provisions in it ?

1 Like

Jamai Of Law (propra)     27 November 2010

Good decision......

 

I feel that HC's time more pricy and costly....1 lacs seems to be a price after a lot of discount and condonation.

 

1 Like

Tajobsindia (Senior Partner )     27 November 2010

When it comes to wives they can very well go ahead to change legislation, remember how Hon'ble  SC recommended to add S. 302 along with S. 304b !!


But when it comes to men's issues they show their helplessness in recommending any amendments in legislation.


So much for the gender neutral constitution of India 


Jai hon mera Judiciary mahan !

 

2 Like

(Guest)

Very good decision indeed.  The court's time is very valuable.  The petitioner was repeatedly advised not to ask the relief, which the court cannot give and whatever the petitioner was asking falls within the domain of "legislative functioning" and the Parliament only can give such relief.  But thick headed people continue to argue in the court despite the court's advice and create obstruction in administration of justice, they have to be penalized and if penalty is not enough they shall be sent to behind the bars for disrespecting the courts of law and creating obstructions in administration of justice. 

The very supreme court which said that there was misuse of divorce laws also said that the husbands and in-laws were going scot free under Section 304-B and instructed the police to add charge even under Section 302, if there is dowry death.  That gives the scope to the prosecution, if they fail to prove the proximity between the death of wife and demand of dowry immediately before the death of wife, now, after inclusion of Section 302, the accused can be tried for murder.  some of the members, who repeatedly posted on various threads about theSC's observations on misuse of dowry laws, "legal terrorism" etc. are totally silent when the Supreme Court passionately describes the plight of the young married women and the injustices they met in the matrimonial home by husband and in-laws.

Now the male prejudiced people started to criticise even the Domestic Violence Act along with Section 498-A, which has been under operation in hundreds of countries in all the continents. The world is recognizing that it has not treated fairly with the female population and hence Domestic Violence Act has been brought into force in several countries.  India is not exception.  It has not treated its male population unfairly by bringing Domestic violence Act.  If some of the Indian males want special privileges to treat the female population with utmost cruelty in the name of religion and culture, sorry, the will not be possible.  The Indian male does not get rest and go on to protest against such protective law, which provides shelter, bare necessity compensation and medical expenses to the wronged wife.  Some of the indian male want permission to continue to harass the women physically, mentally and econimically.  That is why they are protesting the above Gujarat HC judgement.  I advise them to go to appeal against this order in the Supreme Court and get higher penalty with their pestering and untolerable attitude and if the matter is listed before some Supreme Court Judges, they may also face the threat of imprisonment. 

2 Like

Tajobsindia (Senior Partner )     27 November 2010

Men should not be afraid of the judiciary or the meaningless orders they give with respect to alimony and maintenance in cases where wife is found to be working and earning almost  equal to her husband income. Several men I know happily went to civil prison on expenses of diet money from their wives for refusing to pay maintenance and came back happier when wife refused to pay civil imprisonment cost to warden.


Do anything, but don't pay a single penny to 'urban' legal terrorists who patronize "legal rape" on husband and his side of family. Let the judiciary know that Indian men and their families are not afraid of jail, comtempt of court, or prolonged legal battles etc. etc. and let her hair turn grey begging before various Courts inspite of working and earning an income. Compensation cost for what if we talk of gender equality ????? 
 

 

Alimony promotes idleness, which leads to obesity and related health problems in women.


If Indian urban women want 'size zero'......they should, get a job and start working and pay maintanence to their husbands for all the good things they had done to them,besides these it robs Indian urban husband who pays pension to wife of his mistake of marrying her !

 

2 Like

Legal Wizard (Advocate)     27 November 2010

Law is above everything! Law should be unbiased! gender equality is the call of the hour! gender equality is not only treating Women with respect but not at the cost of self respect of Men and their family.

1 Like

(Guest)

Welldone , i agree with the court's decision. Such kind of people should be punished. I agree that lot of men and their families have to suffer alot due to their wives, and false complaints, but the we should not forget the sufferings of a women also. Ultimately the sufferings of a woman will always be more, because as per our society's rule a girl has to leave her house abd settle with her husband and stay at husband's house, and at husbands house whatever she suffers is just with her. Their are still so many men who kick their wives out of their house on small, & petty issues, and then dream for a second marriage. Just think about those females, then the husbands and their family very easily inflict the girl with several nasty alligations, like she was not virgin , her character and her past is disgusting etc, such kind of nasty alligations are a shock to the girl and her parents, and most of the girl and families feel so bad and helpless that they quitely go for a divorce , to protect their reputation, whenever the word virginty comes, it is always associated with woman, whereas 80-90 men are into s*xual relations before marriage, so they are not virgin then how can they point their wives. If a man does anything then its fine, its manhood but if a woman does just 50% of that then they are called characterless, so their is no eqaulity. Men are still enjoying their freedom and prestige, just few cases have arised where a man and his family had to suffer, and still that suffering is a way less than what females have suffered and are still suffering. But jab aadmi pe thodi si mushkil aayi , thodi si sufferings aayi toh ssedhe ye bol diya that , judiciary is biased etc, should change the law, etc etc....our society is still biased, so when it comes to punishment and allimony men start saying that we are equal, male females all are equal etc....cut the crap. All men ask urself do you think that you and females are equal . Even females are human beings like you . If so then please stop dreaming and demanding for virgin girls. Only then you will understand the difference between hypocracy & equality.  I just gave an example about virginty, so virginty is not the only way to prove equality.  Deeds matter , and we all are answerable to god. God is the real judge, and the real court. So we should stop blaming eachother, and work on our deeds.

1 Like

Arup (UNEMPLOYED)     27 November 2010

THE JUDGE MAKES ONE MORE SAHID.

WHEN SC SAYS THE FAMILY LAW IS IMBALANCED, THE CJ OF HC SHOULD THINK ONCE AGAIN.

WE SEE EVERY WHERE BIASED PERSONS, BUT THEY ARE MORE DENGEROUS WHEN THEY ARE IN JUDGE'S SEAT.

3 Like

Arup (UNEMPLOYED)     27 November 2010

IN REGARD TO JUSTICE, THE LAST WORD IS -

IT IS NOT ENOUGH - TO DO JUSTICE, JUSTICE ALSO TO BE SEEN.

3 Like

Deepak Victor (Senior Manager )     28 November 2010

 

In my experience as a lawyer I have seen more misuse of these laws it is used to take revenge on the husbands family for no fault of their, it not only affects men but also innocent family members; most of the genuine cases do not come to the court all.

3 Like

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