Regarding dv act
Querist :
Anonymous
(Querist) 02 October 2011
This query is : Resolved
Sir,My wife had filed under DV act against me & my family,thoough we ae living seperately since 4.0 yeras(2007).She had already applied in 2008 for mainatance under crpc 125 & chilld custody.Both the cases are running in the court.Court did not granted her demand of intermediate maintance as she is qualified & earning 10000/-p.m.In July 2011 she came at our house with making injury on her body and went to hospital.She took medical report from govt.hospital & applied against me & my parents under 498a,323,504 etc.Then on the basis of fir she applied under DV act section 18,19,20,21.Chrgesheet is not submitted by police yet & police had not taken any statement from our side.I want to ask you that when maintance case & child custody cases are running in other court how can her case sustain?Can court take any desicion when both case are running in other court?Because she had made only drama to threaten us..What should be done n this matter?
ajay sethi
(Expert) 02 October 2011
you have been staying separately for 4years . your wife is enttiled under DV act to apply for right to stay in shared household , maintenance and child custody .
you will be enttiled to expalin your version before magistarte under Dv act . you cna produce before the magistarte the earlier orders of court wherein she has been refused maintenance as she was earning more than 10,000 per month .
the court will take all these factors into consideration before passing any order under DV act .
what do you want? if you want reunion with your wife apply for restitution of conjugal rights . if order is passed by court and she refuses to comply you can file for divorce .
you can also file for divorce as you have been staying separately for 4 years now . consult a local lawyer
Raj Kumar Makkad
(Expert) 02 October 2011
Pendency of earlier cases is not a bar to lodge FIR against you. The cause of action in all 3 cases is entirely separate so face and defend your newer case as your are defending two earlier cases successfully until these are finally disposed off.
Shonee Kapoor
(Expert) 02 October 2011
Her DV case would sustain and the FIR would also sustain.
Now you need to know the contradictions in all the cases and punch holes in them.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv Aileen Marques
(Expert) 02 October 2011
1) ...can her case sustain?
Yes her case can sustain. DV is in addition to other cases and so even if other cases are pending she can file a case under the DV act.
2)Can court take any desicion when both case are running in other court?
Yes the court can take an independent decision in the DV case. But on your part you must inform the Court of the Orders in other cases. Also custody in DV is temporary custody.
3)What should be done n this matter?
If she is threatening you, you may file a complaint in the police station.
Querist :
Anonymous
(Querist) 03 October 2011
Sur, i want to ask you that can court would take any desicion on the basis that actual domestic violence had been taken place or not?Submission of made by her weather it is true or false?
or
Court will take any desicion without proper investigication?
