Wednesday, July 17, 2013

you don't EVEN need a marriage to collect MOOLAH under DV ACT. Legal, valid marriage not a must for women to claim benefits, says Kerala HC; as long as you are of legal age and IF you cohabited (meaning had sex), then..... then.... man pays !!. This is proof that Indian men reduced to dick + ATM status , you pay IF you cohabited ;

you don't EVEN need a marriage to collect MOOLAH under DV ACT. Legal, valid marriage not a must for women to claim benefits, says Kerala HC; as long as you are of legal age and IF you cohabited (meaning had sex), then..... then.... man pays !!. This is proof that Indian men reduced to dick + ATM status , you pay IF you cohabited ; 

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Legal, valid marriage not a must for women to claim benefits, says HC


By Express News Service - KOCHI

17th July 2013 07:55 AM

The Kerala High Court held that a legally valid marriage was not essential for a woman to claim benefits under the provisions of the Protection of Women from Domestic Violence Act.

"What was intended under section 2(a) of the Act was a relationship of the same nature as marriage and nothing more. A marriage which is valid in the eye of law is not required to claim the benefits under the Act. The couple must have lived together akin to spouses; that alone is sufficient. The legislative intent of the Act itself is to give protection to the women who were living with the husband in the nature of a marriage but without a legal marriage", the court pointed out.

Justice K Harilal passed the order while considering a petition filed by Joby of Cherthala, Alappuzha challenging the order of Cherthala Judicial First Class Magistrate Court.

The court had directed to conduct a DNA test to prove paternity of Joby's alleged child. According to the petitioner, the woman who was the complainant was not a wife as under Section 2(f) of the Protection of Women from Domestic Violence Act, as there was no domestic relationship between the petitioner and her. However the court pointed out that there was enough evidence to prove a domestic relationship in view of the decision by the Supreme Court.

It had stated that the man and woman must be of legal marriageable age. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses.


source

http://newindianexpress.com/cities/kochi/Legal-valid-marriage-not-a-must-for-women-to-claim-benefits-says-HC/2013/07/17/article1687494.ece