Section 12 of DV act

Querist : Anonymous (Querist) 10 March 2019 This query is : Resolved
Hi, mu brother got married in 2009. And living separately from his wife. He is not in any contact with his wife. In 2012 his wife filled case for maintainance and share in property of my fathers land which is earned by his own money. Later court gave judgement she doesn't have any rights in asking peoperty in father in laws land. And her husband has to give monthly maintainance of 2000. As my brother is not in contact with his wife and did not appear in court also during this case he did not pay any amount till today. But now my brother wife has filled a case under section 12 of domestic violence on my brother, my father and my mother. And compensation for mental torture 10 lakhs from my parents. She never stayed in our house means with my parents. In her statement it was mentioned she stayed happily for 1st 6 mont of her marriage in house with my brother and my parents. But now she filed a case of domestic violence on my parents. Is the case maintainable against my parents? As in previous judgment it clearly mentioned my parents are not responsible to pay any compensation to her.

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NANDKUMAR B SAWANT (Expert) 10 March 2019
As case is already filed under sec 12 of dv act.the said court will issue summons to all respondents to appear before protection officer who will record statements of applicants and respondents husband and his relatives and he will file his report to said court. the respondents to defend the case with help of legal experts as there is provision for imprisonment and also to pay maintainence and protection order and wifes right to reside in matrimonial home which court may consider so defend the case carefuly.good luck.n.b.sawant advocate high court mumbai

P. Venu (Expert) 10 March 2019
Your brother is bound by the Court's direction to provide maintenance as ordered. DV proceedings are not criminal in nature and could be met on merits. Perhaps, providing maintenance, as ordered, would solve the issue. Please note that your sister-in-law can initiate separate proceedings to realise the amount of maintenance.

Querist : Anonymous (Querist) 11 March 2019
Hi Sir,
As my brother is considered as exparty in the case due to his absence. We have appointed a lawyer for defending my parents for domestic violence against them as respondent 2 and 3. As it is mentioned clearly in first judgement in 2012 that my parents are not bound to give any finacial support to my brother's wife. And also there was a statement mentioned by my brother wife that she lived happily for 6 months with my family. After that my brother and his wife left our house. Is the case stil maintainable against my parents? As they are too old with bad health for fighting this case. And my lawyer is asking huge amount of fees for only defending my parents. Can we use first judgement as a basis to pray for closing case against my parents.

Martin S. (Expert) 13 March 2019
This matter become unending. Settle amicably with OP and take mutual divorce. Be happy.

Section 12 of DV act

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