Re: domestic violence filed by my brothers wife
SAM
(Querist) 04 April 2014
This query is : Resolved
Hi All,
My brother wife has filed a DV complaint before the Judicial Magistrate. My brother is not working now and is at home (he has given resignation in his office as the office was too far and they were not giving any increment.
The court every time ask my brother that whether he is willing to stay and take back his wife with him? My brother everytime have said orally committed in the court that he is ready to take back his wife and will go to his native place and stay there permanently (As this is normal procedure in the court where the husband has to say to the court that he want to take his wife back, but in reality after his wife several mental harassment and torture faced by my brother in police station, he really do not want to stay with his wife and just for the sake he is telling the court).
After this the court asked my brother to give affidavit/undertaking in the next date that he is ready to take his wife back and settle in his native place. My brother denied in the court that he will not give any type of undertaking/affidavit in the court and that his wife needs to give undertaking in the court.
My Questions.
1. What is the next step? Should my elder brother give undertaking/affidavit in the court that he is ready to take back? Or else he should inform the court that as per principle of natural justice that court should also his is wife to give undertaking/affidavit before the court that she will not file any more false cases in the court/police station and will also not file any 498a cases in the police station or in the court and give a public notice to that effect.
2. What would the court do if my brother gives affidavit before the court? (Actually my brother's wife do not want to go in the native place as she is from Mumbai and would not be comfortable to stay in native place due to lack of facilities in the native place)
3. Are there any precautions that needs to be taken by my brother so that that DV case gets dismissed before the court?
Appreciate any response. Many Thanks !
Devajyoti Barman
(Expert) 04 April 2014
1. Ask your brother not to file any such undertaking. This should be mutual and if his wife is also willing then both of them can file such type of joint undertaking.
2. No question of giving any affidavit.
3.Fight on merit.
SAM
(Querist) 04 April 2014
Thank you Adv. Devajyoti Sir for your kind reply
ajay sethi
(Expert) 04 April 2014
if your brother does not want to stay with wife he should honestly inform the court about his reluctance to take her back . dont file any such affidavit . fight case on merits .
SAM
(Querist) 07 April 2014
If my brother says in the court the he do not want his wife back as she is every time harassing him by complaining in local police station and mental harassment, then in that case whether the court gives all the relief to the opposite party whatever she has mentioned in her prayers (monetary compensation/residence rights/pecuniary compensation etc as mentioned in Domestic Violence Report?)
SAM
(Querist) 07 April 2014
What would happen in the Domestic Violence case which is filed by my brother wife against my brother and 3 others (including me) if he says in the court that he do not want to take his wife back?
After hearing this the opposite advocate will inform the court (judge) that in the first instance the husband is not taking his wife, this amounts to Domestic violence and so the relief be provided to the wife.
Then will the court grant order in favour of the wife. Now the opposite advocate also ask the Judge for ad-interim relief for the interim order passed by the judge (interim relief for residence rights).
Please reply,
Thank you
Devajyoti Barman
(Expert) 08 April 2014
Not taking wife back does not amount to domestic violence. After martial discord due to wife, the husband has every right not to take back his wife.
It is legally permissible.
