Latest news with #ProtectionofWomenfromDomesticViolenceAct
Time of India
a day ago
- Business
- Time of India
Marital dispute cases: Court makes clear real meaning of stridhan
A recent ruling by a Delhi court has highlighted the complexities surrounding the concept of stridhan , or a woman's property, during marital disputes . The court dismissed a woman's plea for the return of various articles, including a car, stating that not all items given at the time of marriage qualify as stridhan. This decision comes from the application filed under the Protection of Women from Domestic Violence Act. Stridhan pertains to assets, either movable or immovable, received by a woman before marriage, during marriage, or at childbirth. The court's ruling, delivered by Judicial Magistrate Sonika on July 12, emphasised that the assertion that all articles listed by the woman were her stridhan lacked sufficient evidence. The court noted that there was no prima facie proof, such as receipts, photographs, or witness affidavits, to establish ownership of the items in question. Explore courses from Top Institutes in Please select course: Select a Course Category Leadership Design Thinking Digital Marketing Data Science PGDM Public Policy Project Management Data Science Degree Others others MCA Technology Data Analytics Product Management Management CXO Finance MBA Skills you'll gain: Duration: 12 Weeks IIM Kozhikode CERT-IIMK EPIS Async India Starts on undefined Get Details Skills you'll gain: Financial Accounting & Analysis Financial Instruments & Markets Corporate Finance & Valuation Investment Management & Banking Duration: 12 Months IIM Kozhikode IIMK Professional Certificate in Financial Analysis and Financial Management Starts on Mar 30, 2024 Get Details Skills you'll gain: Duration: 10 Months IIM Indore Executive Programme in Business Management Starts on undefined Get Details Skills you'll gain: Opportunities & Outlining Plans to use AI & ML Applying Data-Driven Business Innovation Best Practices Changing Culture to Integrate AI-Enabled Technologies Ethics, Privacy and Regulations in AI & ML Duration: 20 Weeks Indian School of Business ISB Leadership in AI Starts on May 14, 2024 Get Details Skills you'll gain: Critical Thinking & Decision-Making Skills Power of Emerging Technologies Innovation and Drive Organizational Change Fostering a Culture of Innovation Duration: 9 Months MIT xPRO MIT Technology Leadership and Innovation Starts on May 14, 2024 Get Details Skills you'll gain: Duration: 10 Months IIM Kozhikode CERT-IIMK-Women Leadership Programme INDIA Starts on undefined Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode Advanced Strategic Management Programme Starts on undefined Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode SEPO - IIMK CEO Programme India Starts on undefined Get Details Skills you'll gain: Strategic Thinking & Planning Competitive Advantage & Market Positioning Strategic Leadership & Decision-Making Change Management & Organizational Transformation Duration: 1 Year IIM Kozhikode IIMK Advanced Strategic Management Programme Starts on Mar 30, 2024 Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode Senior Management Programme Starts on undefined Get Details Skills you'll gain: Duration: 22 Weeks Indian School of Business SEPO - ISB Venture Capital & Private Equity India Starts on undefined Get Details Skills you'll gain: Duration: 11 Months IIM Lucknow CERT-IIML SLP India Starts on undefined Get Details Skills you'll gain: Duration: 18 Weeks 109820388 Strategic Marketing for Leaders: Leveraging AI for Growth Starts on undefined Get Details The ruling pointed out that while some articles may indeed be classified as stridhan, others could simply fall into the category of gifts. This distinction is crucial, as it affects the legal standing of claims made during disputes. The court stressed that the trial had not yet commenced, and therefore, a decision regarding the return of these items could not be made based on an unverified list. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like When the Camera Clicked at the Worst Possible Time Read More In dismissing the woman's application, the court indicated that she could pursue her claim for the return of her articles at a later stage, provided she presents adequate evidence to support her assertions. This case sheds light on the importance of proper documentation and proof when claiming ownership of assets in marital disputes. As the legal landscape continues to evolve, this ruling serves as a reminder for individuals to maintain clear records of assets received, especially in the context of marriage. The decision highlights the need for a nuanced understanding of property rights and the significance of evidence in legal matters. Live Events
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Business Standard
2 days ago
- Business Standard
All marriage-time gifts not necessarily stridhan, says Delhi court
A Delhi court has said every article given at the time of marriage cannot be called stridhan (woman's property) and dismissed a woman's plea seeking return of her articles, including a car. Judicial magistrate Sonika was hearing an application filed by the woman under the Protection of Women from Domestic Violence Act. Stridhan is movable or immovable assets, received during the lifetime, by a woman either prior to marriage or at the time of marriage or at childbirth. In an order on July 12, the court held, "Upon perusal of the record, including the documents annexed with the present application, at this stage, it cannot be concluded that all the articles, including the car, as mentioned in the list of dowry articles annexed with the present application were given as the stridhan articles of the petitioner." It said there was no prima facie evidence, such as bills, photographs, or affidavits of witnesses, to prove the ownership. The order added, "Moreover, each and every article given at the time of marriage cannot be termed as stridhan of the petitioner, as some of the articles are bound to fall within the category of gift." The court further said when the trial was yet to start in the matter, the order for returning stridhan articles could not be passed on an unverified list, especially during the pending dispute over the ownership. Dismissing the woman's plea, the court said she could seek the relief at the time of final adjudication, subject to leading proper evidence in support of her claims.
News18
2 days ago
- News18
Not every item given at time of marriage stridhan: Delhi court
New Delhi, Jul 21 (PTI) A Delhi court has said every article given at the time of marriage cannot be called stridhan (woman's property) and dismissed a woman's plea seeking return of her articles, including a car. Judicial magistrate Sonika was hearing an application filed by the woman under the Protection of Women from Domestic Violence Act. Stridhan is movable or immovable assets, received during the lifetime, by a woman either prior to marriage or at the time of marriage or at childbirth. In an order on July 12, the court held, 'Upon perusal of the record, including the documents annexed with the present application, at this stage, it cannot be concluded that all the articles, including the car, as mentioned in the list of dowry articles annexed with the present application were given as the stridhan articles of the petitioner." It said there was no prima facie evidence, such as bills, photographs, or affidavits of witnesses, to prove the ownership. The order added, 'Moreover, each and every article given at the time of marriage cannot be termed as stridhan of the petitioner, as some of the articles are bound to fall within the category of gift." The court further said when the trial was yet to start in the matter, the order for returning stridhan articles could not be passed on an unverified list, especially during the pending dispute over the ownership. Dismissing the woman's plea, the court said she could seek the relief at the time of final adjudication, subject to leading proper evidence in support of her claims. PTI MNR MNR AMK AMK view comments First Published: July 21, 2025, 21:00 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
News18
2 days ago
- News18
No Maintenance Under Domestic Violence Act After Marriage Declared Void: Allahabad High Court
The Allahabad High Court (HC) noted that the declaratory decree annulling the marriage had attained finality The Allahabad High Court recently set aside interim maintenance granted to a woman whose marriage was judicially declared void ab initio. A bench of Justice Rajeev Misra allowed a criminal revision filed by a man, challenging two orders passed by the courts below in Ghaziabad that had directed him to pay Rs 10,000 per month as interim maintenance to his estranged wife. The court held that once the marriage itself was declared void, no domestic relationship survived to support a claim under the Protection of Women from Domestic Violence Act, 2005. The couple married in 2015, but the relationship soon soured, leading to multiple FIRs filed by the wife against the man and his relatives. However, in a twist, it came to light during the anticipatory bail hearing in one of these cases that the wife was already married at the time of her wedding with the man. This fact, initially concealed, was later admitted in court. Subsequently, the man initiated proceedings under Section 11 of the Hindu Marriage Act seeking a declaration that the marriage was void. The Family Court in Karkardooma, Delhi, granted the relief in 2021, and the wife's appeal against it was dismissed as withdrawn by the Delhi High Court in 2022. Despite this, the wife continued pursuing a domestic violence complaint filed in 2016, and in 2022, the Ghaziabad trial court granted her interim maintenance, which was upheld by the appellate court in 2023. The man approached the high court challenging both orders. Setting aside the decision of both the courts below, Justice Misra ruled that, 'Once the marriage of the parties itself has been declared void-ab-initio, the subsequent relationship between the parties is of no consequence. As such, the factual position, which has emerged on record is that there is no relationship between the parties in terms of Section 2(f) of the Protection of Women from Domestic Violence Act, 2005". The court noted that the declaratory decree annulling the marriage had attained finality and would relate back to the date of the marriage, effectively erasing its legal existence from inception. Without such a foundational relationship, the court held, the woman could not be deemed an 'aggrieved person" under the DV Act. The judge also cited the Supreme Court's rulings in D. Velusamy vs. D. Patchaiammal and Deoki Panjhiyara vs. Shashi Bhushan Narayan Azad, reiterating that a void marriage does not give rise to rights under the Domestic Violence Act, unless there is a valid finding of a relationship in the nature of marriage. Accordingly, the high court quashed the trial and appellate court orders, concluding that the woman had no legal entitlement to interim maintenance. The parties were directed to bear their own costs. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
4 days ago
- Time of India
Domestic violence: Low rates of conviction flag systemic gaps
Bengaluru: A new study by a city-based women's organisation has revealed alarming gaps in the justice system's handling of domestic violence cases in Bengaluru: Between 2017 and 2022, only 24 out of 2,202 cases filed under IPC Section 498A (cruelty by husband or his relatives) ended in convictions. This translates to a conviction rate of just 1% over five years. The findings are part of a larger research project by the group, Aweksha, that analysed data from sources such as the National Crime Records Bureau (NCRB), National Family Health Survey (NFHS), National Commission for Women, and Bengaluru's district court records. The study also noted that while criminal cases under 498A are low, nearly 4,990 cases were filed in the city under the Protection of Women from Domestic Violence Act, a civil law that provides for protection and relief but doesn't lead to criminal convictions. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru Though the lack of govt data for the last two years limits the study, cases spanning longer periods in Indian courts bring relevance to these numbers. Among those arrested under domestic violence-related sections, the majority were men in the age group of 30-45 years, and more than 95% of the arrested were granted bail. Data from Halasuru police subdivision also revealed that at least one accused was granted anticipatory bail in 72.5% of such offences. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo Despite the high number of chargesheets filed, convicting the violators remains a huge challenge before the district judiciary, as numbers go way below the national average. Despite men's rights organisations across the city accusing women of filing false cases, the numbers show that only 16.6% of cases alleging crimes against women were closed after being deemed false. Justice Ashok B Hinchigeri, chairman of Karnataka Law Commission, said that a provision of law being misused is no ground for demanding that it be scrapped. "Freedom of speech is being misused and abused day in and day out. But the freedom of speech cannot be withdrawn. Similarly, on the ground that the conviction rate is low, Section 498A of the IPC, the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005, cannot be repealed," he said. "We've tried our best to sort of take a middle path to show the reality of what these laws are — how these laws are being implemented to our best faculties without trying to sound that we are only men against women," said Bindu M Doddahatti, a women's rights activist and co-author of the report.
