A new story in this DVC. Read it.
Economic abuse is established in this DV case from Anantapur DV Cases Series. Gross misuse of power or glorified ineptness towards differentiating between a Civil Suit for property and giving Residence (not property) Order under DV Act.
I am going to start the first of the DV cases from West Godavari district with this case which resulted in a key judgment from Hon’ble Supreme Court wherein it was held that courts can allow amendments to the complaint so as to avoid multiplicity of cases and remove infirmities. Read it here. Later on, on 12 August, 2016, the trial court allowed some reliefs in this DV Case.
See the Bullshit reasoning given by magistrate
Admittedly, the parents of P.W.1 have no indigent status and they are financially stable. In such a case, it is likely that the parents of P.W.1 have paid the dowry amount to R.W.1 at the time of marriage. Dowry system is rampant in the Indian society even umpteen number of legislations. Therefore, the probability and plausibility factor coupled with the verbal testimony of P.W.1 impels the court to place implicit reliance upon the testimony of P.W.1 regardless of documentary evidence.
Some more BS sprinkled herein Para 9,
The substantial revelation from para 4 of the counter of R.W.1 is that “the complainant is a kondakapu which is schedule tribe by caste and with a lenient view the respondent married the complainant without taking dowry amount”. This material drives home the message that R.W.1 married P.W.1 on his own volition without any compulsion. On the other hand, it is not the case of the R.W.1 that P.W.1 disguised her caste. In such a case as to why R.W.1 averred in the counter that P.W.1 is a scheduled tribe by caste. In this context, the argument advanced by the learned counsel for the respondent has workable force and this averment is made in the counter with intent to inflict psychological trauma, sorrow, agony and pain to P.W.1.
Just because RCR under Section 9 of HMA is not filed, judge thinks offer of husband to continue marital ties if knife comes back, is highly pretentious and fake.
It is specifically pleaded in para 20 of the counter that R.W.1 would accord warm welcome to P.W.1, if she comes and joins him. In this context, the counsel for the respondent questioned P.W.1 whether she is willing to join R.W.1, on which she emphatically denied. If in truth R.W.1 has any transparent honesty and righteousness to continue the marital tie without snapping, he would have invoked the coercive provision as envisaged under section 9 of Hindu Marriages Act i.e., for restitution of conjugal rights, however R.W.1 is very much indifferent and inactive and did not offer any solemn explanation as to why he failed to resort to the provisions of section 9 of Hindu Marriages Act. This material makes me to understand that the offer of R.W.1 to continue the marital bond with P.W.1 is highly pretentious and fake.
In contrary, read this BS, when it was questioned, why knife didn’t file IPC 498A criminal case from Para 17 and 18,
The third limb of the argument canvassed by the learned counsel for the respondent is that, if in truth P.W.1 suffered low marital happiness on account of cruelty alleged to have been perpetrated by the respondent, surely she would have set the criminal machinery in motion under section 498-A IPC and this circumstance clearly points out that P.W.1 is guilty of matrimonial misconduct. In this contextual facts, regard must be had to the material forth came from the cross examination of R.W.1. During cross examination R.W.1 affirms that “He deposed in O.P. No.22/2010 on the file of Principal Senior Civil Judge’s Court that P.W.1 is tradition ridden woman and always prays the almighty and she is a big devotee“.
In general the woman who are orthodox and have a firm belief over traditions and old customs may not turn impulsive and aggressive and may not resort to criminals proceedings against their husbands believing that their family reputation will be marred irretrievably and irreplaceably. This material gives some formidable feedback to the court that P.W.1 is highly traditional lady and has traditional approach towards life and due to which reason she might not have lodged complaint against the respondent under section 498-A IPC.
One rule for husband and another philosophy for knife.
Another gem of dogshit here from Para 19. Enjoy…
P.W.1 candidly admits in the cross examination that “ I filed application under section 13 of Hindu marriages Act for seeking the dissolution of marriage on the file of Principle Senior Civil Judge, Eluru and the same was ended in dismissal”. In the normal scheme of things, no married woman who have grown up and marriageable children would not venture to walkout from the marriage and gets her marital life ruined, unless the home atmosphere in the matrimony is uncongenial. This material makes me cognizant that R.W.1 resorted to domestic violence in the shared household.
No application of mind, why this S13 application is dismissed!!!
From Para 20, this is the observation: From this material, it appeals to me that P.W.1 is very sensitive and gullible lady.
Read Para 23 for more fun-filled entertainment.
Now, read the appeals filed by both husband (here) and wife (here). Entire Index is here.
Result of not following the legal procedure dutifully can be seen in this DVC.
Read Para 10 to know the arbitrary way Protection order is granted solely by the deposition of Knife, wherein husband is long dead to challenge it.
Now coming to the relief sought by the petitioner that is pertaining to maintenance and residential
orders, the allegation against the respondent as per P.W1 is that the respondent started harassing P.W1. On this aspect P.w1 elaborately deposed that about the harassment of R1 to R3 in her evidence. At one instance she and her child also confined in a room and not provided with food. After seven or eight days her parents came and saved their life. Subsequently she was treated by the parents now she is depending upon her parents mercy. Further coming to the aspect of Protection orders in view of above discussion, it is clear that the petitioner is entitled for Protection order.
Nothing to write about. Maintenance granted in this DVC.
It seems, the burden of proof is pushed onto the husband who has to prove that he didn’t commit DV. This is the essence of this judgment.
Note: The husband was acquitted in the IPC 498A case filed by Knife. Here is the judgment.
Here is another BS judgment from same justice. Blatant misinterpretation of an earlier Supreme Court order to cause advantage to the party of Knife. Either by ignorance or for kickbacks received. God Knows
Shame on him.
Read this judgment to understand how the biased judges give liberal reliefs using gender-biased laws such as PWDV Act. In the process wrongly interpret the Delhi High Court judgment, wherein in reality High Court has declined giving maintenance to unscrupulous knife, our judge in this present case understood and interpreted it totally wrongly and to suit the Knife.
The judgment cited in this order and wrongly interpreted is available here.
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