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Just wanted to share with yall what I planned on wearing to court when having to go testify as a witness and give my victim impact statement. It may not be my best dress, but there's a big storm and this little sentiment has brought me through some intense ones before... thx again @taylorswift @taylornation @tree-paine all of you♡♡♡

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Domestic Violence (DV) Case is Civil or Criminal?

A Domestic Violence (DV) case in India has a hybrid nature. While it is civil in nature—meaning it provides civil remedies like financial compensation, protection orders, and the right to live in the matrimonial home—it is enforced using criminal procedure. [1, 2, 3, 4, 5] The main distinctions regarding its nature include: • Civil Reliefs: The core purpose of a DV case (typically filed under…

#DV Case

How an advocate wife gets 30000 pm maintenance & her fraud is exposed at HC !! classic DV set aside !

Practicing Advocate WIFE with 8 bank accounts manages to file DV gets 30 K pm interim maintenance. Her misinformation and concealment is exposed during appeal @ Allahabad HC

CLASSIC CASE of what MARRIAGE litigations are !!

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“…32. In any case it has come on record that wife has become Advocate and she has number of accounts (approx eight), as such, matter requires reconsideration. Amount has to be fixed, keeping in view the income of the husband as well as income of the aggrieved person requiring her to live with the standard of living to which person is accustomed. …” “…33. It is apparent that Prathama Singh is appearing as counsel in number of cases. She is a regularly practicing Advocate, consequently, courts below are required to consider the matter afresh in the light of documents, which have been placed before the Court. Revision thus deserves to be allowed. …” Not only is the wife well qualified and earning well, she seems to have used as counsel, ppl using fradulent means to hoodwink the courts “…34. It has been brought to the notice of this court that Pankaj Tiwari and Pal Singh Yadav appeared on behalf of Prathama Singh by using different enrollment numbers. …” !!! “…35. Problem is compounded further by Shri Shiv Pal Singh, who filed an affidavit through Sri Ravi Shanker Tiwari. Shiv Pal Singh in his affidavit states that he was shocked to know that his name and enrolment number was used by lawyers. He states in para-5 of the affidavit that he does not know either Prathama Singh or Pal Singh Yadav, who have used his enrolment number. In para-6 of affidavit, it is stated that Pal Singh Yadav has not only used the enrolment number but has also used the name of counsel in different cases. ….” !!! “..40. Moreover enrollment number of other Advocates are being used brazenly with impunity not only before this Court but other courts of district Lucknow.41. Prima facie, it appears to be a case of impersonation using somebody else’s name and identity. A fraud has been done, which is apparent from the record….” “…46. Since fraud appears to have been played while filing petition under Section 12 of D.V. Act by concealing material facts in the ends of justice exercising power under Sections 397/401 & 482/483 Cr.P.C., order dated 02.09.2015 passed by Additional Sessions Judge, Court No. 17, Lucknow as well as order dated 25.06.2014 passed by learned Additional Chief Judicial Magistrate-II, District Lucknow are set-aside. Concerned Magistrate is directed to decide the application under Section 12 of D.V. Act considering the entire matrix of the case, in the light of observations made in the judgment, expeditiously, if possible within two months from today. …” “…49. Senior Registrar will get the Vakalatnama available in this file sealed and an F.I.R. lodged against Pal Singh Yadav for impersonation, stealing and using the identity of other Advocate by using his name and enrolment number. ….” MORE AT https://vinayak.wordpress.com/2016/07/03/practicing-advocate-wife-with-8-bank-accounts-gets-30-k-pm-exposed-during-appeal-allahabad-hc/

#Allahabad HC #DV #DV is moolah #DV case #DV maintenance set aside #No maintenance to well earning wife #Practicing wife with 8 bank accounts is exposed at Allhabad HC

Either lump sum OR monthly maintenance u/s 20 DV act. NOT both ! Cal HC Gem !

a mother files DV case on three of her children. The learned MM allows her petition and orders Rs 2000 p.m. from each of her sons AND a fixed deposit of rs 50,000/- per head. Sons appeal to sessions court who sets aside the lump sum payment and grants enhanced monthly maintenance of Rs 2500 per month per son. Mother goes on appeal to HC. HC appreciates the facts and points out that sec 20 of DV act allows only for lump sum OR monthly maintenance AND NOT both !! So HC affirms sessions court judgement and confirms that either Either lump sum OR monthly maintenance can only be granted under Sec 20 DV act !!

more at

https://vinayak.wordpress.com/2016/04/07/either-lump-sum-or-monthly-maintenance-us-20-dv-act-not-both-cal-hc-gem/

#DV #DV case #calcutta HC #Either lump sum OR monthly maintenance u/s 20 DV act. NOT both !

Wife seeking 10lakhs gets just 5000 in DV! Husband laughs all D way as he works un-organised sector, salary NOT proven

In this classic case a woman makes all sorts of allegations ON HER husband and seeks ONLY Rs. 10 Lakhs as compensation !! In the end she gets 5 thousands … yes F I V E Thousands !!

Typical case in which women claims that husband is consuming liquor and is having illicit relations with his own boss / owner of shop and beating her mercilessly

In addition to monthly maintenance she claims relief of 10 lakh … Yes 10 lakhs !!

But this guy is working In the UN-organised sector and so wife is not able to prove what he is earning !!!

she finally gets just Rs.5000 yes repeat Rs. 5000 As compensation !!

This husband is enjoying the complete bliss of being poor and working in the unorganised sector where there is no income tax returns or ANY proof of the salary and the woman can’t make the one thing they want …. Money !!!

The husband lets the case go exparte and doesn’t even bother to attend it once !!

More at

https://vinayak.wordpress.com/2016/03/08/woman-seeking-10-lakhs-in-dv-gets-just-5000-advantage-of-unorganised-sector/

#DV #DV case #DV means moolah #DV means money #Delhi MM court #Wife claiming 10 lakhs gets just 5 thousands !!

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Magistrate CANNOT order Nonbailable warrant for failure to pay DV maintenance. NBW quashed! Kerala HC

Classic case where Kerala HC clearly states “….Learned Magistrate cannot order non bailable warrant for the failure to pay maintenance as has been done in this case. It is made clear that Magistrate can proceed against the petitioner or other respondents for non payment of the interim maintenance only as provided under Protection of Women from Domestic Violence Act and such an order cannot be enforced as has been done by the learned Magistrate. In such circumstances, the order issuing non bailable warrant can only be quashed. Petition is allowed. The order issuing non bailable warrant against the petitioner in M.C.No. 246/2010 is quashed…..”more at

https://vinayak.wordpress.com/2016/01/18/magistrate-cannot-order-nonbailable-warrant-for-failure-to-pay-dv-maintenance-nbw-quashed-kerala-hc/

#no NBW for non payment of maintenance arrears #NBW against husband quashed !!#KErala HC #DV #DV case #DV means moolah #No arrest for NON payment of DV maintenance

NO arrest for NON PMT of DV maintenance arrears.Non pmt does NOT attract Sec 31 DVact. Karnatka HC

In this classic case a husband is threatened with arrest under sec 31 of DV act for non payment of arrears maintenance. Wife files NBW. He files for discharge (from that charge & NBW) . The discharge is NOT allowed by the Hon MM and Hon Sessions courts (both courts dismiss is petition). So Husband appeals to the Hon Karnataka HC which refers to an order by the Hon Rajasthan HC and decrees that a maintenance order is NOT a protection order (under sec 18) and so coercive provisions of sec 31 (like arrest) cannot be applied for NON payment of maintenance !!

The Hon court orders and we quote “….9. On a plain reading of Section 18 in the light of definition found under Section 2(o), it could be definitely said that the order of granting maintenance does not amount to “protection order” and violation of the same will not attract the provisions of Section 31 of the above Act. ….”

and goes on to order “…the petitioner stands discharged for offence punishable under sect ion 31 of P.W.D.V Act 2005…..”

More at

https://vinayak.wordpress.com/2016/01/18/no-arrest-for-non-pmt-of-dv-maintnance-arrears-non-pmt-does-not-attract-sec-31-dv-act-kar-hc/

#DV #DV case #DV means moolah #No arrest for NON payment of DV maintenance

Merry x Mas ! 36 DV cases where husband and in laws won and / or maintenance was denied to wife !!

I have been posting 100s of Judgments / orders on 498a, DV, Sec 125 CrPC and many related areas (please see my FB time line / wall and you will see most of these). Recently I have started categorising them for easy reference and benefit of readers. Some ago I had posted a summary of bail orders and yet another on 498a cases quashed by courts.

Here is an attempt to collate DV cases, where the husbands / in laws won. Since money is the main target of most fake matrimonial litigation, DV along with Sec 24, 25 HMA and similar sections of SMA etc are now becoming the chosen tools for women to extract max moolah. Husbands and families need to watch out and protect themselves

I hope this compendium helps

DVSeries#36: Well educated employed wife resigning on own NOT entitled 2 maintenance! Only Kid gets maintenancec. Delhi HC http://wp.me/p7s7-1Bv

DVSeries#35: Visiting in laws 5days is NOT dom relation so NO DV ! Only violence by person living n shared household is DV! Delhi Sessions court discharges all in laws http://wp.me/p7s7-21n

DVSeries#34: Wife files DV on 6 inlaws 9 yrs AFTER husband's death! DV, Cruelty NOT proven, Looses case ! Delhi MM court http://wp.me/p7s7-20C

DVSeries#33:LOVE match 2 court! DV b4 marriage! 498a 307 323 AFTR marage. Sis in law runs 4 quash http://wp.me/p7s7-1PW

DvSeries#32: No maintenance to erring women ! DV case won by husband on strong arguments & facts. http://wp.me/p7s7-1MF

DVSeries#31: Beaten &evicted elderly M in law WINS DV. Sessions orders lower court 2 grant relief http://wp.me/p7s7-1PS

DVSeries#30: India becoming land of fake DV? Madras HC dismisses fake DV 2 settle property dispute http://wp.me/p7s7-1OV

DVSeries#29: Your Honour I doNOT know her, she's NOT my wife How could I beat her or my brother mollest? what DV http://wp.me/p7s7-1Pl

DVSeries#28: NON disclosure of pre cognizance DV NOT dis entitle you from GOVT JOB ! Delhi HC http://wp.me/p7s7-1OL

DVSeries#27: Sister married 40yrs ago files DV on brothers 4 property !! MP HC decrees NO DV http://wp.me/p7s7-1Mt

DVSeries#26: Wife earning equal 2 hubby NOT get maint NOR residence under DV! Delhi Sessions Court http://wp.me/p7s7-1Mq

DVSeries#25: WIFE already making moolah in sec 125 CrPC cannot make MORE moolah using DV !! Del HC http://wp.me/p7s7-1p0

DVSeries#24: DV Act does not create any additional right to claim maintenance !! Del HC http://wp.me/p7s7-1q6

DVSeries#23: Raj HC : Wife who leaves 3yr old kid & goes away, files 498a DV Looses kid's custody! http://wp.me/p7s7-1CG

DVSeries#22: IF paying maint in DV seek reducn of S 125 maintenance! MP HC http://wp.me/p7s7-1F9

DVSeries#21: Rare order (not the norm!) : NO arrest for NON payment of DV maintenance. Kerala HC http://wp.me/p7s7-1Fm

DVSeries#20: No DV cases on relatives (say inlaws) who are NOT in domestic relationship! Andhra HC http://wp.me/p7s7-1Ww

DVSeries#19: DV case on elders, relatives etc quashed. Only husband to fight ! Madras HC http://wp.me/p7s7-1IF

DvSeries#18: Max 1 month arrst 4 maint arrears. No DV maint enhace by session court. Karnat HC http://wp.me/p7s7-1Fn

DVSeries#17: Gulf based NRI earng 65K pm 2 pay ONLY 6K to wife: Kerala DV case with LOW LOW maint http://wp.me/p7s7-1Fj

DVSeries#16: Husband can sell his house when he wants!! DV can’t stop that. Kerala HC http://wp.me/p7s7-1Fl

DVSeries#15:IF Wife can't prove DV, children ALSO NOT entitled maintenance under DV. Bombay HC http://wp.me/p7s7-1wz

DVSeries#14:Need Cent Govt permision 2 investigate ofence outside India Good case 4 DV, Dowry NRI http://wp.me/p7s7-1zE

DVSeries#13: 24 HMA Intr. maint reduced bcaz wife already getting DV maintenance !! MP, HC http://wp.me/p7s7-1Bh

DVSeries#12: BOM HC : NO DV if couple not living 2gther not sharing h hold! NO DV 5yrs aftr dvorce! http://wp.me/p7s7-1yS

DVSeries#11:Wife Can't return frm abroad &file DV 1yr aftr sepraton! Not in domst rel.ship: Bom HC http://wp.me/p7s7-1yG

DVSeries#10: Personal appearance NOT essential in DV case : Kerala HC : appear thru counsel http://wp.me/p7s7-1wI

DVSeries#09: Wife tries DV aftr mutual dvorc &delay! LOOSES @SC. SC supports 1yr timelimit for DV http://wp.me/p7s7-1x8

DVSeries#08: DV on inlaws 5yrs aftr huby death! Wife wants piece of house Dhingra ji send her back! http://wp.me/p7s7-1xu

DVSeries#07:SuprmCourt: If DV filed, police 2 make enqury frm family, neighbours,freinds, b4 case! http://wp.me/p7s7-1wJ

DVSeries#06: Wife's 172 days delay in filing revision for DV case NOT accepted by Madras HC http://wp.me/p7s7-1x7

DVSeries#05: Womn caught lying in cross exam about DV & dowry looses case gets NO Money! Delhi MM http://wp.me/p7s7-1MV

DVSeries#04: Dghtr in law forcefully enter FIL's house & tries DV residnce. Looses completely. http://wp.me/p7s7-1Nq

DVSeries#03: Live-in woman claims rape, DV, cheating, bigamy etc 9yrs later! P&H HC throws her out http://wp.me/p7s7-1Nt

DVSeries#02: Every failed marriage NOT DV! Fake DV case after 498a quashed by Del HC. http://wp.me/p7s7-1NG

DVSeries#01: Serial case filing wife's DV quashed by Karnatk HC "nothing but abuse of process of Court" http://wp.me/p7s7-1Qj

#36 dv CASES #36 DV cases where husband won #maintenance denied IF no DV #dv #dv case #DV case miuse