Posted by Harbinder Singh Kalsi, Advocate on December 25, 2010 ·
The Domestic Violence Act: Constitutional Perspectives
This Protection of Women from Domestic Violence Act, 2005. This Act being among the first in this particular sphere has concretely dealt with the challenge of domestic violence taking into account all the related laws and has attempt to lessen the numerous ancillary problems generally faced by such legislations (such as impractical provisions). [...]
Posted by Harbinder Singh Kalsi, Advocate on December 19, 2010 ·
NCW fined for harassing men
The Delhi High Court has awarded a compensation of Rs. 40,000 towards a man who was off-loaded by immigration authorities from an aircraft here on the basis of a look-out circular from the NCW, saying statutory bodies are certainly not empowered to initiate criminal proceedings.
The High Court said that the compensation award will have to be equally shared because of [...]
Posted by Harbinder Singh Kalsi, Advocate on November 22, 2010 ·
Kantaben Jamnadas Mistry
Metropolitan judge orders Bipin Mistry to let mother live with him, pay her Rs 300 as rent every month apart from Rs 1,500 for food, clothing and medicine expenses.
In probably the first case of its kind in Gujarat, a 65-year-old woman harassed and thrown out of her house by her son and daughter-in-law received justice under the Domestic Violence Act. Metropolitan magistrate [...]
Posted by Harbinder Singh Kalsi, Advocate on October 10, 2010 ·
In the absence of whole-hearted steps to implement the provisions effectively, the Protection of Women from Domestic Violence Act 2005 is falling short of expectations.
The Delhi High Court ruled recently that a woman can also be held liable under the Protection of Women from Domestic Violence Act 2005. This the court did on the basis of the interpretation that ‘relatives’ included [...]
Posted by Harbinder Singh Kalsi, Advocate on September 25, 2010 ·
Section 5 (Chapter 5) Definition of domestic violence.
3. Definition of domestic violence.-
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing [...]
Posted by Harbinder Singh Kalsi, Advocate on September 22, 2010 ·
To avoid conflicts arising out of various personal laws, there is a growing view that all inter-religious marriages, except those within the Hindu, Buddhist, Sikh and Jain communities, be required to be held only under the Special Marriage Act, 1954.
According to a report submitted by the Law Commission of India for the purpose of matrimonial causes and remedies, the Special Marriage Act, 1954 provisions [...]
Posted by Harbinder Singh Kalsi, Advocate on September 18, 2010 ·
Domestic violence prosecutions are often a difficult task for law enforcement agencies. Victims often refuse to testify, either out of fear or a belief that the offender has changed. This places an increased focus on proper evidence collection techniques, since the case often has to be prosecuted without the victim’s cooperation.
Proper evidence collection is essential [...]
Posted by Harbinder Singh Kalsi, Advocate on September 17, 2010 ·
Patriarchal Societies Promote Women’s Rights’ Abuses
Today’s world differentiates a lot from what it was 50 years ago. It has transformed; sometimes for the better and sometimes for worse. Places have changed and with them their people have too. In general, today’s people have more acceptance and tolerance towards one and other and are open to experiencing cultures different from their [...]
Posted by Harbinder Singh Kalsi, Advocate on September 13, 2010 ·
Violence against women is a serious problem in India. Overall, one-third of women
age 15-49 have experienced physical violence and about 1 in 10 have experienced
sexual violence. In total, 35 percent have experienced physical or sexual violence.
This figure translates into millions of women who have suffered, and continue to
suffer, at the hands of husbands and other family members. NFHS-3 collected
Posted by Harbinder Singh Kalsi, Advocate on September 11, 2010 ·
September 03, 2010
What should be the basis of maintenance that a man should pay to his estranged spouse in a case of domestic violence? The Delhi High Court Friday ruled that the man’s income should be the parameter and not his family’s property.
Justice Shiv Narayan Dhingra made the observation while setting aside a family court order directing a man of an affluent family to pay Rs.45,000 [...]