Dv
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
Sir i request you to please advice me on Domestic Violence my details are as under:
I am seperated from my wife since last 5 years we had a customary divorce. She is making 25000/- pm permanent job living at her parents home.i have filed Divorce case in family court which is pending. Now she has filed 498 on me & family, Also filed DV,on all my family.
I filed revision petition in session court to discharge Dv but relief not granted. She is educated and having govt.job. What are the options to get rid from domestic violence in my case. If i appeal in HC what are the points i should take to prove that its a false DV. Please advice thank u very much.
Raj Kumar Makkad
(Expert) 16 November 2011
Each and every case is distinct and unik in its nature so without having knowledge of pleadings of you both parties, how is it possible for we experts to imagine and suggest you. Either you put facts of case or follow advice of your lawyer defending your case.
Rajeev Kumar
(Expert) 16 November 2011
I do agree with Mr.Makkad
ajay sethi
(Expert) 16 November 2011
what has she claimed in DV . if it is only mainenance the fact that she is earning rs 25,000 a month and has a steady govt job will b etaken by court into account while deciding whether she is entitled to maintenance.
the other reliefs that she can claim are right to stay in shared household ,child support , protection order, compensation etc . you have not mentioned whether she has claimed these reliefs
since your query is limited to DV case it is not necessary to dela with 498 A case filed by your wife
Querist :
Anonymous
(Querist) 16 November 2011
Sir, i want to reply in respect your reply Yes she has claimed right to stay in shared household and compensatition, We dont have kids since our marriage last for 2 months only. She is finacially sound and living in well furnished accomodation at her parents home ,in the same town where i m living.My question is she has admitted she is customary divorced in family court and in her FIR then also she can claim for shared household? please advice thanks
Devajyoti Barman
(Expert) 17 November 2011
Your case does seem to have merit in your favour.
The reading of the Complaint of your wife would have helped more to answer more appropriately.
But I suggest you should take a chance in the high court u/s 482 of crpc.
Shonee Kapoor
(Expert) 17 November 2011
The case would need to be fought on merits.
I am working on a magic potion to finish cases beforehand, when I discover it, I would be a rich man.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
