Domestic violence need reply urgently
Dheeraj kumar
(Querist) 08 May 2013
This query is : Resolved
Hi Experts
My wife put false 498a case three months back and DV case just 2 days before and the date DV case hearing is next week , she demanded 10 lacks of compensation and all the marriage expenses, apart from that Rs 20000 PM maintenance, I have a few questions pls reply :
1. My salary is around 50k so shall i need to pay 20000, as there r lot of expenses.
2.She is software engineer and left the job only becaz she want to file this case as it seems, so could i argue her salary was 20000 PM when she was working.
3.she sent apolize msg to my family member wen she fight with me can this will be produce in DV case.
4. she puts my father and mother name also
my father is retired person age 59 and 55 respectively how to defend for my parents.
5. she updated in facebook Relation seprated and written in FIR that we thrown her out.
6.she made false medical certificate in her home town. how to defend that?
7.when she left the house my younger brother and her wife also there can they will be witness as we all r staying together.
8. Can my mother put DV case against her.
Please advice me how should i fight this DV case and what grounds and proofs i can show in court.
Devajyoti Barman
(Expert) 08 May 2013
1. No, may be around 15k.
2.yes
3.yes
4.Nothing, refute the charges against him. No order is likely to be passed against them.
5.let it be.
6.Bring the original then.
7.yes
8.yes
Dheeraj kumar
(Querist) 08 May 2013
Thanks for quick reply
I have one more doubt that what is the difference between DV Act and sec 125
Thanks
Devajyoti Barman
(Expert) 09 May 2013
Both Acts are different and give different kinds on reliefs.
ajay sethi
(Expert) 09 May 2013
dV ACT IS A COMPREHENSIVE LEGISLATION TO PROTECT WOMEN FROM ALL FORMS OF DOMESTIC VIOLENCE . THE ACT COVERS WOMEN WHO HAVE BEEN IN A RELATION SHIP WITH ABUSER AND ARE SUBJECT TO VIOLENCE OF ANY KIND WHETHER PHYSICAL , MENTAL , VERBAL OR EMOTIONAL .
SECTION 125 CR PC PROVIDES FOR MAINTENANCE OF WIVES , CHILDREN AND PARENTS WHO ARE UNABLE TO MAINTAIN THEM SELVES
Raj Kumar Makkad
(Expert) 10 May 2013
No more to add after reading the wise replies of the experts.
V R SHROFF
(Expert) 10 May 2013
Well explained by Experts.
Advocate decide the proper action DV or 125,
125 only for monetary relief from Husband, DV Covers entire need of aggrieved woman, from anybody having domestic relations, father, mother, sis in law, husband, MIL FIL, Residence Order, Shared household, Girl forced to marry unwilling person, Stay on selling shared property, etc, etc, [ Includes live-in relationship}
DV have many more uses and misuses, in favour of aggrieved woman. DV have Cr.p.c as well as CPC as well as wide unlimited discretionary power of Magistrate.
