Domestic violence act misuse - Family Law Experts Queries - Law, Lawyers, Advocates, Law Firms,Legal
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
the husband was a mechanical engineer in HONDA COMPANY.. and the girl
is M.SC maths but she used to live at home. the girl child was born in
sept 2006 out of this wedlock.. the nature of wife was not good as she
always had some problem with others.. she even used to fight with her
husband on small issues. eg i'll not prepare food or always order from
outside, never gave breakfast to her husband after having three
maids.. but the husband always had a compromising nature and never
said anything to her.. he just wanted to live happily with her at any
cost.. but she always used to fight on petty issues.. she even don't
like his parents and other members of the family.. she just wanted to
live alone.. she was not happy to see anyone from her husband's
family. the husband's family never interfered in their matter and were
not aware of the issues between their son and daughter-in-law ..
the disputes heightened b/w husband and wife and finally the husband
left his job in 2008 and started living at home and the wife left her
matrimonial home and went to their parental home.. the boy's parents
came to know about their fight but they managed to bring them home in
bhiwani and asked them to live peacefully.. but again after few days
she started fighting with her husband and now also with in-laws
without any reasons but the boy's parents never said anything as all
members of the the family are highly educated and reputed too.. but
she was not ready to live with them and again left her in-laws home in
april 2010 and filed a case under domestic violence Act,2005.. the
in-laws even don't know that on what basis she filed the above said
case. they went to girl's home and asked to live happy with her
husband wherever she likes but she refused..
the husband tried alot to solve his marital dispute but still she is
not agreeing to live with him..
she is asking for property out of her in-laws property and want to
live alone in that house without her husband but now after filing a
false case against all of them, the in-laws are not ready to take her
back home .. but the lady want to live there only on the first floor
of that house without her husband.. the wife, at present is lecturer
of mathematics in college and she get this job because of her
father-in-law as he is the head of that college, he also helped her in
studies of M.PHIL but she can never understand the value of family and
family relations.. her parents never said anything to her even on her
mistake and used to abuse boy's family.. now the husband also don't
want to live with that lady and want to take divorce from her.. as he
don't want to let suffer his parents anymore because of that lady..
please tell me what are the remedies available to us..what we have to do?
how can i help my aunty, uncle..??
thank you.
pawan sharma
(Expert) 02 November 2010
yes in these situation it is better to leave her.
Kirti Kar Tripathi
(Expert) 02 November 2010
This is only one side. law is in favour of wife, it is not easy to get red of.
Querist :
Anonymous
(Querist) 02 November 2010
thank you all..
would law always favour women even on their mistake also? and what about innocent people sir?? how can we tell truth to the hon'ble magistrate and protection officer?
please suggest something sir as we are totally confused and what to do?
please sir..
B K Raghavendra Rao
(Expert) 02 November 2010
Domestic Violence Act, Dowry Prohibition Act, Section 498A of IPC, Securitisation Act, SC/ST Act are some of the enactments of the parliament that are more misused than used. They have become tools in the hands of particular section of the society against innocents and uprights.
Unless some revolutionary changes are made in these acts, victims rue bad conditions in India.
Querist :
Anonymous
(Querist) 02 November 2010
thank you sir..
so sir what should we do?
sir what remedies are available to us?
thank you..
Devajyoti Barman
(Expert) 02 November 2010
The law favours the women only at the initial stage. At the time of trial you could establish that the allegations were not only false but it is also the other way round then you would soon realise that in India it is still the 'equality before law' and 'equal protection of law' which is in prevalence.
Querist :
Anonymous
(Querist) 02 November 2010
thank you sir..
so sir whats your opinion regarding the Divorce ?
thank you..
