need help under section12(A)domestic violence

Querist : Anonymous (Querist) 12 December 2010 This query is : Resolved
Dear sir,

can a layman demand jail as he fedup from his wife and her family continue mental harrasment.

neither wife ever stayed and never intend to stay but constant demand of money.

layman and his family fedup to such an extent they are not getting any hope to get rid of such greedy persons.

lawyers are telling laws are favour of married woman.

my query as a layman is if jail demanded in such scene other family members would be safe or not.

constant sufferance of three years are sufficient to die.

last query is if layman demands jail whether magistrate will give jail or not

thanking you

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Arun Kumar Bhagat (Expert) 12 December 2010
Demanding intention to go jail is construed as acceptance of guilt. On this plea, the magistrate can send you to jail after passing order of sentence.

Devajyoti Barman (Expert) 12 December 2010
Yes but if you are talking about proceeding under the DV Act, then even if you admit the guilt there is no provision to send you jail unlesss you found to violate any direction of the court in the proceeding.
Do remember one thing that though the legialations in India like most of the developed nations in th world favours the women but such Acts mostly revolve around maintenance proceedings and there is hardly an instance of coniction in 409A IPC case. So, think about your parents and put a brave front like a true MAN.

Guest (Expert) 12 December 2010
Laws in India are least preventive but PUNITIVE hence any demand or harassment by any married woman is not punishable unless the acts are prohibited by any law , please consult some lawyer to find out the provision whether actions of your wife falls under the category of offence otherwise you may approach family court for your settlement.