Domestic violence need urgent reply
Dheeraj kumar
(Querist) 10 June 2013
This query is : Resolved
hello respected experts
What if in DV case husband not ready to take back his wife and wife want to come back.
Why I am telling this when I sent her a legal notice to rejoin the family she not came , what if she changed her mood , I heard that if wife put second time DV case then 1 year jail is compulsory without listening to accused party.
Adv Archana Deshmukh
(Expert) 10 June 2013
Thats not true.. nobody can be put in jail as such without a trial. If protection order is already granted by the court, then its breach is an offence but there too a trial is conducted. If you want to take your wife back, then do to hesitate to do so, just becoz of the fear of DV Act.
Rajeev Kumar
(Expert) 11 June 2013
It is misleading fact no one can be sent to jail without trial or without court process. If there is breach of court order then it is an offence for this trial is too conducted for execution of court order. If you want to take your wife then don't hesistate due to the scarce of DV Act.
Raj Kumar Makkad
(Expert) 11 June 2013
If a good sense has prevailed to your wife, exhaust this opportunity without bringing your ego in between. Life itself is a compromise.
Sudhir Kumar, Advocate 
(Expert) 11 June 2013
one can be sent to Jail even during trial but one has to attrcat non-bailable sections of criminal law.
Just because husband has sent RCR notice wife is under no obligation to return to a house which she believes (rightly or wrongly) that DV is being committed against her.
Generally wives are provoked to use 498a on receipt of RCR notice but you failed to get such allegation.
