Domestic violence act....
Guest
(Querist) 10 October 2014
This query is : Resolved
My wife file a case domestic violence against me at another place by giving money to police....She have no proof for it...secondly i also have written proof in which Another women cell gives clear chit to me & my family.....
now my question is that...
1> It is necessary that court give her to reside in my home(house is on my father name).
2 it is necessary court give her maintenance in the form of rent.
Note : i already filed divorce case against her on the bases of physical & mental cruelty...i have proof in which i file a FIR against her family members....after that she gone to court...
malipeddi jaggarao
(Expert) 11 October 2014
You can not prove that your wife gave money to police for taking action on her complaint.
If he women's cell gives clean chit to you and your family members, that can be used as evidence in the present case.
Reg.your specific queries, court will decide these points on merits.
Rajendra K Goyal
(Expert) 11 October 2014
1. Depends upon so many factors, if she lived in the house after marriage, she can claim to live there subject to fulfilment of certain conditions. She can claim residence or rent.
2. Depends upon the merit of the case.
Guest
(Querist) 11 October 2014
Thanks Rajender Sir,
But sir her motive is just to destroy me & my family...I already filed FIR against her family members( 147 ,149,452,503,427 ) ....then she gone to court for 498 ,dv etc....still court can give her benefit ?????
If she proved the domestic voilance against her ..then only she can gets all benefits na ?????
Nadeem Qureshi
(Expert) 14 October 2014
Dear Vikas
In doemstic violence case there is no role of police, this complaint will be filed before court and not before police, the police may registered only criminal cases and not civil, the domestic violence case is purely civil cases.
If the property is in your father but both of you were residing there as an husband and wife and this home is her matrimonial home then the court may passed an order regarding right to residence. but if you are residing separately then the court can not pass these type of order but the court may pass an order for alternate accommodation or you have to pay an amount for rent. if she is unable to maintain herself.
Interim relief may be passed without proving the case.
Guest
(Querist) 14 October 2014
Thanks & soory sir...my query not solved......my case facts are:-
1> she done job lot of time...& i have proof of her last job which she left for file cases...
2> she left house with their relatives by beating my father, mother.& me...i have medical report & MLC from govt. hospitals.
3> i filed divorce case on the bases of cruelty..i have a FIR against their family members....
can judge not see the facts...so i think no use of going court.....that's the true....?????
ajay sethi
(Expert) 15 October 2014
DV case has to be contested on merits . your wife has right to stay in matrimonial home . if wife has been working in past she wont get maintenance .
wife cannot claim right to stay in flat owned by your father . you can offer to provide alternative accommodation .
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
The experts have advised well. Firstly police have got no business to deal with domestic violence case. Secondly since you have already filed a criminal case against them, let it go on, what is your worry about it, you have stated that you have filed a divorce case too, let it also be prosecuted,your query is that how can she file all those cases against you when you have already filed some cases on her? You cannot question her about this, you may have to challenge her cases accordingly. Discuss with your lawyer and proceed further as per his advise.
