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Om Prakash (Analyst)     26 November 2012

Dvc case

Hi I'm from bangalore i got married last year 2011 Feb due to some misunderstanding my wife left my house on 23 Dec 2011 and she sent me a congiqual rigts petition then after a month she came with police and she arrested me for dowry case she stays in chennai  my wife and her family members have filed dowry case and criminal case against me i was arrested and was put behind bars early this year which is on january 20th 2012 now they have filed a DVC case for which im travelling from bangalore to chennai every week which is getting too hectic for me and no peace of mind i wanted to file a quash on this DVC how do i do it and do i need to be present in the HC when i'm applying for quash or can my lawyer can do this from my side please help me im been tortured by my in laws and my wife my whole family is under threat please can give me suggestions and also they have filed a criminal case that i tried to kill her everything is false how do i prove that all this are fault case on me plesae can some on suggest me some good idea how to get out of this they are even tortureing my family even they have to come to court everyt week my parents are too old HELP me please ......



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 2 Replies

Tajobsindia (Senior Partner )     26 November 2012

Your query before us lacks clarity. Be it so as it may be here are opinion(s);

1. Your query has more emotional / sentimental outpour then legal facts as points with which on merit quash can be applied for is my opening remark.
2. I don’t see any single ground with which you can approach HC for quash. Moreover HC may not entertain “direct” quash petition and may direct you to go via Sessions Court route challenging the DV applicability on you and other family members.
3. Regarding she filing Restitution of Conjugal Rights application and in one month followed it up with Criminal Complaints with which you even got arrested and sent to jail I see some error apparent in procedure followed as it is GK that no wife will like to live with a husband who tortures her ! However be it so it seems you are not well represented by a seasoned criminal lawyer to your side. You need discussion in Chamber of another and may be several local seasoned Lawyer(s).
4. Your query also lacks specific allegations with which quash / discharge may happen. This is understandable. In Bangalore there is a Men’s Rights Organisation which provide paid counseling and help in strategies / petition writing work / RTI application drafting etc. to harassed husbands / his side of family. You may on your own contact them by getting in touch with them at
https://www.confidareindia.com/   
5. Yes we do understand even men can be ‘harassed” For the same in reference to context of travel hassles of commuting for Court cases form Bangalore / Chennai there are ways with which a Transfer petition could be filled at Hon’ble SC for transfer of cases from Chennai to Bangalore or alternate prayer of conveyance money paid to you / your side to attend such cases in Chennai. There are peculiar strategy for harassed men which needs to be applied to win such transfer of cases, If you meet the people at above proposed link you may get base ideas and then you may carry forward from there.
 
All above are opinions and not directions and unless few tweaking read with self help used to understand why, how and when of once situation further remedies giving will go over once head. So make an effort first to start from para 4 as I feel in your situation you first of need to understand what situation you have fallen into and then remedies could be understood all these basically to contest such assumingly false criminal cases and proving once innocence which are all very long drawn contest battle in various Courts and need long staying powers.  

Om Prakash (Analyst)     26 November 2012

Thank you sir for the reply but as mentioned in your comment #2 how do i approach HC for quash and on what basis i can approach for quash my wife is asking me 50,00,000 if not monthly pay of 25,000 which i cant afford to pay the allegations which she has charged me are all false how do i prove it they are hitting us back to back im not getting any loop hole to stop them and beat them back so that they can keep quite i tot the only way is quash to make them silent we dont have childrens also we just stayed together for 8 months not more than that no physcial harrasment has been done to her from my side or from my family and she has filled that i and my family members have harassed her how do i go about it to prove al this are false, my lawyer filing quash my next hearing in DV case is this coming friday, and thank you for the link in point #4 i shall contact them 


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