Application under sec-31 of dv act
Ajay Sharma
(Querist) 03 December 2013
This query is : Resolved
Dear Experts,
Would request your urgent help...
DV and divorce are ongoing with my wife. MM has issued and interim protection order to wife, but no restraining order. Few days back, I saw my wife talking with a man i despise on a road. I thought I can click their pictures and use that as proof of adultry. While I was clicking picture they saw me, I got hold of this guy and gave him a sound thrashing. I also filled a complaint under 107/151 with local police station. In the police station I had an argument with my wife, where i said she can't meet outsiders without my permission, till the time divorce is pending. The guy took notice bail from court. Now I got to know (from an informer in their family) that they are planning to move an application under sec 31 for breach of protection order. They also have recorded the argument in the police station.
Can fighting with a guy talking to my wife be taken as violence on her??
What are the chances of application under sec 31 being accepted?
Am I in big mess?
What should I do to safeguard myself.
Please help ..
Devajyoti Barman
(Expert) 03 December 2013
How could you stop your wife talking to another even if no case is pending.
Everybody ahs right to talk to anyone she chooses if that is not harmful.
If did great mistake by quarreling with her on no reason. You may have to pay a price if the court gets strict against you.
Rajendra K Goyal
(Expert) 03 December 2013
Engage a good local lawyer and defend on merits if any action is taken or complaint filed. Try to avoid such incidence.
Ajay Sharma
(Querist) 06 January 2014
Hi,
I had a hearing yesterday, on last date the MM had asked for reply on Sec 31 application and affidavit for assets and income.
For the reply on 31 application I did the following on advice of my lawyer:
- submitted the complaint I had given against my wife's complaint, where I have mentioned that my wife caught my hands while his colleague beat me up. I had also mentioned that I had warned my wife and her colleague to not talk with each other, but they were still doing.
- submitted undertaking by her colleague that from now on, he will not stay in contact with my wife.
However while I submitted this reply, my wife also submitted a CD containing my conversation with IO in CAW, where I was telling the details of the incident, where I had agreed that it was me who had beaten up her colleague and till the time she is my wife she cant talk to anybody without my permission.
My lawyer told me that she will not dare to submit that CD in court, but now she has, he is also telling me that this can be refuted by saying its bogus CD. My wife offered to get it examined by CFL of court's choice.
On my Lawyer's suggestion I also didn't file the income affidavit, he said we can always do that later, first thing is to vacate the restraint order. Judge was not pleased she extended the restraint order and asked us to bring in the affidavit next time.
She has also put the 31 application for arguments on next hearing..
1) I am not sure if I am getting the right advise, Is there a chance that I might get punished due to this CD, as sec 31 under DV also has provision for imprisonment?
2) Will this increase the chances of her wining the DV case?
3) Should I change the lawyer??
ajay sethi
(Expert) 06 January 2014
file your income affidavit .comply with court orders on next date.
you have no business to assault any man who is chatting with your wife on public road . restraint order wont be with drawn in view of your conduct . change your lawyer
Devajyoti Barman
(Expert) 06 January 2014
Playing a hide and seek game with court in income front is always fraught with danger.
So disclose your income may be lesser than actual.
Nothing to worry, you would not be punished.
Change of lawyer in your personal choice.
Ajay Sharma
(Querist) 06 January 2014
Thanks a lot Ajay ji and Devajyoti ji...
Ajay Sharma
(Querist) 06 January 2014
Thanks a lot Ajay ji and Devajyoti ji...
