Clarification on domestic relationship
Amit
(Querist) 14 August 2012
This query is : Resolved
Hi,
My wife has filed DVC on me and my entire family.
From what I read elsewhere and in LCI forum is that to file DVC the respondent has to have a "domestic relationship" with the petitioner.
In my case, my wife originally stayed in my parents place for 3-4 days after marriage and thereafter we both stayed separately (in the same city but around 20kms away at the other end of the city) till we got separated (she deserted). During this time, twice a month or so we used to visit my parents place and live for a day (typically on Sat).
Given this,
(1) Is "domestic relationship" established with my wife and my family members?
(2) If no, then how to convince the magistrate saying so? What's the procedure for removing my family members' name from the DVC case?
(3) I am to file counter during the next date. Can I ask for some more time to file counter? How much time is given at the maximum for me?
Thanks
M.Sheik Mohammed Ali
(Expert) 14 August 2012
once wedlock arose, if any dispute with the family members it will come dv act, but you can face the case and easily you will succeed you case.
Adv.R.P.Chugh
(Expert) 14 August 2012
A mere 4-5 days stay with them or you guys visiting them periodically is not enough to implicate, 'domestic relationship' implies continuity, which is absent in this case, in your WS - take this is a preliminary objection as the complaint is not maintainable against your parents. I differ with Ld.M.Sheikh Mohammed Ali
V R SHROFF
(Expert) 15 August 2012
You can be granted time to file your WS.
In any case , you have to defend yourself.
Get Exemption from appearance u/s 205 Cr. P C for your parents.
In any case, there is no summons or Warrant , so your parents need not attend court except when directed by Court for Evidence Recording.
Even for a single day of marriage, if wife claim, Parents collected my stri-dhan, and jewellery and is lying with FIL or MIL, case succeed. , So number of days will be irrelevant, depends on Facts and allegations therein your DV Application, We all are unaware of the contents of DV Application and it's Prayers, so all Experts will probably reply in contradiction.
There are provision for separate residence, Maintenance, etc, that do not count days of residing together. It only need relationship. either marriage or live-in.
V R SHROFF
(Expert) 15 August 2012
Under the circumstances my opinion goes with Ld.M.Sheikh Mohammed Ali, who had clearly said, DV is applicable , once relationship establish it, and she had no residence, so can claim shared household, maintenance, stri-dhan, in her Application under DV Act.
Amit
(Querist) 16 August 2012
I came across this recently: http://www.indiankanoon.org/doc/1513735/
Some quotes from it:
"Only violence committed by a person while living in the shared household can constitute domestic violence. A person may be threatening another person 100 miles away on telephone or by messages etc. This may amount to an offence under IPC, but, this cannot amount to domestic violence."
"For example if there is a joint family where father has several sons with daughters-in-law living in a house and ultimately sons, one by one or together, decide that they should live separate with their own families and they establish separate household and start living with their respective families separately at different places; can it be said that wife of each of the sons can claim a right to live in the house of father-in-law because at one point of time she along with her husband had lived in the shared household. If this meaning is given to the shared household then the whole purpose of Domestic Violence Act shall stand defeated. Where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under Section 12 of Protection of Women from Domestic Violence Act on the basis of domestic relationship. Domestic relationship comes to an end once the son along with his family moved out of the joint family and established his own household or when a daughter gets married Crl. M.C. No. 3878 of 2009 Page 4 of 7 and establishes her own household with her husband."
I came across several judgements wherein "domestic relationship" is clearly defined to be "living in the shared household" and not visiting the house.
Can I quote all such judgements in my WS and ask them to remove my family members' names? If my wife has faced any violence from them let her file IPC sections as quoted above.
Also if her stridhan is misappropriated by my family then she's supposed to file IPC 406 right?
I understand that PWDVA gives the wife right to residence, maintenance etc and I will fight the case on merits but for now my primary concern is to remove my family members' names as respondents.
Please suggest.
