Dv case and 498a
Mohan
(Querist) 16 January 2013
This query is : Resolved
Respected Jurors
My wife has filed a dv case in March 2012. The interim order/protection order has been passed.
My query to the forum
1. Can a DV case be filed without a prima facie. The law does not contemplate a police compliant but the law has never mentioned that without a prima facie the proceedings can start.As per my limited knowledge the prima facie can be wound certificate or a medical certificate from a competent authority or a NGO report stating that she has lost the right of residence. WIth nothing of these proceedings have continued and interim order was passed. Now wih the interim order my wife started calling the police every second day and I was kept in police cell 4 times.Because of this harassment I agreed to transfer 80% of my property to wife. They agreed for mediation. When the mediation was going on they demanded 100% of the property to be transferred and mutual divorce. When i refused to transfer the property they filed a false 498a case with no mention of dowry demand. She has mentioned in the FIR that I threatened with a knife.The whole exercise is to harass me.I am now on bail. I am out of my own property and wife and her parents are enjoying my property
Now my question is whether husbands are worse that rapists, terrorists where proceedings can start without primafacie
I need some citations that supports my case
Devajyoti Barman
(Expert) 16 January 2013
It can be filed on the basis of complaint of wife alone which needs to be supported by affidavit. No need for prior FIR.
Mohan
(Querist) 16 January 2013
There is no compliant prior to the DV summons
ajay sethi
(Expert) 16 January 2013
your wife can file complaintwith magistrate for DV . you ought to have fought cases on merits rather than agreeing to trnasfer your property to wife .
Mohan
(Querist) 16 January 2013
I have decided to fight my case.The judge has asked for cross examination before passing interim orders on maintenance
Mohan
(Querist) 18 January 2013
Dear Jurors
My understanding of DV act is like this. Sorry If i am wrong and correct me
The law does not contemplate a police compliant that means if a primafacie is there you can go to the magistrate and give a complaint to admit the petition. As per the reliefs laid down by DV act right of residence, compensation for injuries and bar the respondent from entering the house or flat of the petitioner. The primafacie should be wound certificate if it is physical violence or medical certificate from a competent authority that says the petitioner is suffering from mental trauma or an NGO report taht says the petitioner lost the right of residence. In my case there is nothing of these. The intention of the petitioner and the counsel is to mentally harass me to transfer the property.The trial court has released an interim order asking me not to alienate the property. When the DV act clearly says the DV act cannot be used to settle property disputes. Can I counter this
ajay sethi
(Expert) 18 January 2013
the objective of DV Act is to protect the women from domestic violence . it may be physical or mental torture . wife can seek injunction restraining you from alienating property .
Mohan
(Querist) 22 January 2013
Thanks for the replies Respected Jurors
ajay sethi
(Expert) 22 January 2013
thnaks for your appreciation
