need help under section12(A)domestic violence
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
Dear All,
query regarding quashing the Matter.
matter,DV act 2005.
1)whatever allegation put by applicant almost all cleared by herself in the main application only.
2) for all charges she had put they are false having evidences with the Respondents.
3) my query what charges she had put in the main application, own clearance points and evidences with the Respondents- points and charges must be kept in sequences first her own clearing and then evidences.or some other arrangements must be made.
4) can we submit colourful petition in the high court as DV application are usually lengthy and confusing and bifurcation is discretting from point to point and dispersed among several paras.
5) what minimum I must remember when A question arise of prima facie, its cleareance needed what things needed?
I have taken it as a life project, as it is my matter and lawyers basically remain busy in their many cases . so no problem, let me do my duty for my well wisher lawyer.
my last query in this regard , my wife's evidences and my evidences will be treated equally or something else in High court u/s482 for quashing.
I am a student doing 2-year professional course, I requested to the court magistrate she can call me whereever she want, or she should file the matter after the course,
with this hope that magistrate will give importance to my submitted evidences and will give me a chance to represent them but she replied do along the process or file for quashing.
magistrate told me in front my lawyer that quashing is not easy but it is easy to face allegations and clear them in period.
I cannot study in such a mental state, I pray to court on behalf of my maintenance atleast give me permission to see my child atleast once in a month but magistrate said better to stay without family for study otherwise she will claim for protection order.
magistrate understand me but wife not, just trying to make me gharjamai all this drama.
wife is telling if you are a man face my allegations and prove you are good husband and father or do as i wish.
In one year case after interim nothing just calling on date everyweek and giving next date,
not allowing me to enter in my own home and my in-laws are staying there and I am staying with friend without reason.
cant meet my child also told in school case of dv is running and plz dont allow him to see child , to what extent emotional blackmailing to keep her parents and brothers in my home for ever.
everyone is laughing in the court but no one trying to undrstand my mental state I am facing the matter from past one year and got 2-kt in subjects and will fail if this case keeps running. plz help-plz help
kindly help me
Raj Kumar Makkad
(Expert) 03 August 2011
You can file a petition before Family Court for visitation rights to meet your child and you petition shall be successful as you have got full legal right to do so.
So far as illegal occupation of your in-laws over your own house is concerned, you can take the help of civil court by filing a separate suit in this regard. I am of the view that you should bravely go to your house with the help of your friends and should create an atmosphere so that those may flee from there may with your wife or without her. You should not flee rather should face.
Mental disturbance is a natural phenomenon in such matters. You shall have to suffer this disturbance as no one can help you.
