need help under section12(A)domestic violence
navin
(Querist) 26 March 2011
This query is : Resolved
Respected sir,
thanks a lot for your information,
regarding interim order and facts
respondent-1 was a teacher in school in year 2008 on contract which was upto april 2009
timing of the school was 11.00-6.00pm
specific time of the school was chosen because respondent-1 has to do otherhouse hold work as his mother was paralytic. and since begining applicant was not staying in matrimonial home.
hence as the duty of a son specific time and school selected salary offered by the school rs10000.00
in the evening he has to come immediately for kitchen and other works.
in the year 2009-2010 respondent joined B.ed college for the sake of better salary and permanent job.
respondent received b.Ed result on 29-July-2010 and court notice of domestic violence on 10-Aug-2010.
Education institution are not providing job to those candidates who are in litigation. asthey are the centres of sensitive minds.
hence respondent remain jobless since jan-2009
Applicant has mentioned in her application that respondent are earning more than Rs 30000.00 through tution & classes and not even a single evidence is presented by her in the court in support what she can never submit as husband was never attached with classes and tution.
the day arguement held respondent submit appointment letter of the year 2008-2009 and submitted his B.Ed college ID annd said orally that he received result on 29- july-2010 and court notice on 10-Aug-2010
interim order
appointment letter is submitted by the respondent himself hence exact salary cannot be popup for the sake of Applicant and child Rs8000.00 from the date of Application he should pay to the applicant.
other facts related to respondent
from past two and a half year he has not earned even a single rupee.banks are not giving him loans as no support for the recovery of their money as respondent is jobless and was in B.ed college.
by hoping good job in the future he took lakhs of rupees loans from friends and relatives for house hold expenses.now everyone is demanding their money .
respondent has lost his professional career of teaching even in future he will not get job in any educational institution. hence professional career lost entirely.
he joined a job of sales representative as a fresher at the age of 37 yrs.at least for survival.
mother of respondent died and father is old and sick enough.Applicant is claiming that the share should be provided to her from the entire property owned by respondents.
she got pregnant even though she was not staying with husband .
her family lawyer knows everything as she was in mediatorship during the period 14-nov-2009 to 7-march-2010
mediator has filled the case of domestic violence with allegation of demand of dowry , pregnancy kick, physical and mental harrasment,
particularly she has mentioned at many places that on the instigation of sister and respondent-no-2 . respondent-no-1 demands dowry and mis behave with applicant.
can one suggest anything about this
if a person who has not earned anything from past three years and are in huge debt.
losst professional career and joined a job of sales representative as a fresheer for the sake of survival on salary 8000.00
how can he give the monthly maintenance of Rs 8000.00. specially from the day of application.
as per order currently respondent have to pay 72000.00 to the applicant. in a situation when he himself is not going to the doctor for his sickness to save Rs 30.00 and medicine charge.
Devajyoti Barman
(Expert) 26 March 2011
If you highlight these issues at the time of hearing of appeal of the order from DV case, the court would surely consider the same.
If the wife becomes pregnant after leaving her matrimonial home , you can pray for dismissal of the case u/s `125 crpc as the wife is living in adultery.
Ghanshyam Mishra
(Expert) 27 March 2011
You have various defenses in your favor; you have to use them at right time and before right forum.you can get the order set aside by filing an appeal and can seek divorce.Must contact a lawyer who is dealing in such kinds of cases.You will find some case law in your favor. Ghanshyam Mishra 9899794006
Atuliya
(Expert) 27 March 2011
Hi Navin,
First of all there is no need to get worked up about what she (your wife) is alleging. The DV Act is a ridiculous Act and unscrupulous lawyers make things worse. The respondents loose out not because they are actually guilty but because they begin to believe that their world is now coming to an end.
All the facts that you have stated like, the Applicant never stayed at the matrimonial home, your actual salary and the fact that you are unemployed amongst other such important fact are good enough to assail the order of the JMFC. Instead of challenging it in the Sessions Court you should have directly gone to HC u/s 482.
By the way you have not mentioned if the Applicant was able to prove her allegations about the demand for dowry and more specifically Domestic Violence
Hopefully you should be successful at the Session Court if what you have stated is correct. Else approach the HC to get this order quashed.
Good Luck to you.
Raj Kumar Makkad
(Expert) 27 March 2011
It is very sad story of you. We all know that 90% of such cases are more or less same but unfortunately no concrete measure could be done to stop misuse of otherwise beneficial legislation for women. Courts are handicapped in the hands of law framed by legislation, however, some rays of hope have come from judiciary. Recently Bombay High Court has imposed a fine of Rs. 50,000/- upon a women engaged in similar litigation as you are facing.
In your case, you have no option but to plead your case with real facts before courts again and again.
