Domestic violence
sunnir
(Querist) 07 October 2014
This query is : Resolved
Hello All,
My question is regarding DV that after 5 years of customary divorce deed on stamp paper in 2005 she has filed 498A,DV in 2010 and other complaints of 323,114,506 in the year 2007 etc.Trail court has granted her selective prayer for residence in domestic violence case and order passed for monthly rent of 6000. She is a govt,employee and earning 40000 p.m then also magistrate take her criminal complaints as prima facie ground and imposed obligations on husband to provide rent for residence.I moved on an application in sessions court appeal to bring her pay slip on record u/s 391 which the judge has granted as further evidence. My question is whether I can get any relief from the upper courts? We resided together for only 2 months and then seperated and executed divorce deed in 2005. After that she has filed many complaints on me and my family. In 498A my except me my all family member names were quashed by High Court. Please advice me that is there any way i can get rid of this women she is very vengiful and adamant in nature and do not want to spare me my life has become as hell since last 10 years.I did not get divorce order from the family court as my plea was rejected because of improper prayer.Again i have filed a suit for divorce declaration in family court which is pending.
I await your reply.
Thank you all.
Nadeem Qureshi
(Expert) 07 October 2014
file an appeal against the order passed by trial court before session court as per section 29 of Domestic Violence Act, 2005 and raise the question on limitation. the limitation for filing of d v case is one year from the incident as per SC judgement.
Rajendra K Goyal
(Expert) 08 October 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Dv-464611.asp#.VDTLBPmSyn0
Any further question to be asked in same thread.
V R SHROFF
(Expert) 08 October 2014
Agree with shri Nadeem"file an appeal against the order passed by trial court before session court as per section 29 of Domestic Violence Act, 2005"
However, there is no limitation prescribed under DV Act.
And filing it later alone cannot be a bar to DV complaints..
Though I request Shri Nadeem to highlight the SC judgement, and whether it covers all DV compl??
ajay sethi
(Expert) 08 October 2014
repeated query no reply
Nadeem Qureshi
(Expert) 08 October 2014
The word mention in the Judgement
"in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable.
Nadeem Qureshi
(Expert) 08 October 2014
Supreme Court of India
Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011
Author: . B Chauhan
Bench: P. Sathasivam, B.S. Chauhan
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1635 of 2011
(Arising out of SLP(Crl.) No. 7787 of 2010)
Inderjit Singh Grewal ...Appellant Versus
State of Punjab & Anr. ...Respondents J U D G M E N T
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 October 2014
Nadeem it is good to observe that you have refined your inputs in contrast to earlier ones.
Yes you have to keep eagles eye on judgments to be able to give contrary solutions.
Apart from SC 2011 citation given above there is also specific 2014 Judgment of Bombay High court for limitation in DV cases.
The victims of family laws come on sites like this and post multiple problems on multiple threads and then sit on the head of their advocates who gets dis interested due to proactive clients.
Coming out of DV ACT and even 498 A cases is easy even at late stage like this but far that you have to employ an expert advocate
Experts pot their efforts and do give their opinions here but some body has to fight it out properly in court rooms.
P. Venu
(Expert) 08 October 2014
The problem is the mindset that an effective defence needs to be something more than the common course incidents of ordinary life.
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
I fully agree and endorse the views of expert Advocate Defense in this regard. As rightly observed, after grabbing best opinions from this site or some similar sites, the querists instead of properly utilising the opportunity start misguiding their counsels resulting into bringing fatality to their own cases. The DV and 498a cases generally donot sustain to its intended vigor as how it was planned by the petitioner/complainant while filing them, the fact which the victims generally fail to understand, but by unnecessarily worrying about it, they aggravate their problems. Thus, understand the logic that he long pending cases will lose its credibility and you can easily knock them down finally by utilising the services of a prudent lawyer to defend you.
