Domestic violence case against men
saravanan
(Querist) 08 September 2013
This query is : Resolved
my wife filed a domestic violence complaint against me and also with my father & mother through district protection officer. The complaint filed in court and after some time, she simply withdraw the case by saying 'I wish to file another complaint, so I withdraw these complaint". After six month, for applying RCR, my advocate send one notice said that we are willing for reunion, come and join with my client. Suddenly, she file another domestic violence said that notice itself as domestic violence and join all previous matter and filed dV case against me and my family. So, how to proceed this. Kindly do the needful...
Raj Kumar Makkad
(Expert) 08 September 2013
The notice sent by your lawyer cannot be termed as a violence but if the court had given permission to her in the previous complaint to file afresh then the previous allegations can be got inserted in new complaint. There is no issue of limitation to file the DVC so better to defend the complaint vigorously and effectively.
Dr J C Vashista
(Expert) 09 September 2013
Domestic voilence constitute certain acts against women, in relaton, as defined therein the POWADV Act, which do not include any notice. However, no notice is required for RCR.
DV Complaint once withdrawn by woman and permission granted by the court to refile, has to filed within a reasonable time, although no limitation is there.
Contact /engage local lawyer to proceed/ contest
Guest
(Expert) 09 September 2013
Notice for reunion or RCR is not a case of domestic violence. Your advocate defend your case effectively.
Rajendra K Goyal
(Expert) 09 September 2013
Take the help of local lawyer. RCR application does not amount domestic violence.
Devajyoti Barman
(Expert) 09 September 2013
Her earlier withdrawal of DV case and her receipt of RC notice would help you in fighting the current DV case.
Raj Kumar Makkad
(Expert) 09 September 2013
You can definitely bring all those facts of withdrawal etc. in your defence.
V R SHROFF
(Expert) 09 September 2013
Defending DV is only choice .
R.K Nanda
(Expert) 09 September 2013
agree with experts.
ajay sethi
(Expert) 09 September 2013
issue of legal notice to rejoin does not amount to DV .
saravanan
(Querist) 09 September 2013
thanks for urs advice. I asked settlement they asked 30 lakh, So I denied it.I have another queries.
1)Any possibility available for myside to move the case to high court chennai and get quick remedy.Because my age is already 35 yrs.
2)how to releave my parents from this DV case ? note that we lived only 3 month and also lived house is separate from my parent house. She also agrees that in complaint, but told as food preparation is common and made only in my parent house.
kindly do the needful to me.
Dr J C Vashista
(Expert) 10 September 2013
The amount is to be settled between both of you, which is not covered under POWADV Act.
Since your case is being adjudicated in the Magistrate's Court, it is to continue thereitself.
Your parents can move permanent exemption through thier counsel from personal appearance in court.
The courts are fully aware that parents are generally dragged in litigation to pressurize the husband/relatives
Sudhir Kumar, Advocate
(Expert) 16 February 2014
repeated
http://www.lawyersclubindia.com/experts/Dv-RCR-regarding-453706.asp
