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Nitin Kotian (Advocate)     16 January 2013

Domestic violence /498-a case after 6 years

Sir,

One of my friend got married some 8 years back. They were blessed with a son after 1 year. However their married life was never settled.

The issue  is as follows :

 My friend is stating that her husband used to beat her regularly and that since the last 6 years she is staying with her parents as 6 years back she was expecting her 2nd child wherein her husband kicked her in the stomach subsequently their was a miscarriage due to which the child died before his birth. She says she got all the medical papers  issued by the doctors.

Now she wants a divorce.

My query is

1)   Can we file a case of Domestic Violence and file an FIR under section 498-A after a gap of 6 years after the happening of the incidence.

 

Regards,

 

Nitin P Kotian

 



Learning

 18 Replies

Never Give Up (Fighter)     16 January 2013

Why not opting for mutual consent/ contested divorce instead of filing DV and 498A ?

 

First question in the trial would be what were you (read wife) doing since last 6 years as there was no police complaint and cases ...

 

Judge sees through the complaint..please do not encourage clients to file false cases..

1 Like

(Guest)

@Nitin

Why don't you directly say that you are trying to extort money?

Do you really think that judge will entertain your 'bakwaas' of waking up suddenly to file 498a/DV.

Definitely you can file but do remeber that in your case its next to impossible to proove anything and be prepared to catch counter cases if her husband took this matter otheriwise.

Better go for MCD or take your A*s out of this forum.

Nitin Kotian (Advocate)     16 January 2013

Sir,

 

Before u answer in such a bulsh*t way pls note this issue doesnt pertain to me, its related to my client. The person whom to whom i am referring to was kicked in her stomach in an advanced stage of pregnancy due to which she lost her child and due to which she was in a state of shock for atleast a year . She lost her job. Much of the finance has been gone to her medical treatment.

After a gap of say one and half year she consulted some senior lawyers however none helped, after which she lost interest in getting any kind of justice. Fortunately when i am trying to help people like u try to make some nonsense statements over a forum which is helpful to all till date.

Next time if u find any of my post if u cant answer properly then dont make such senseless statements, end of the day if the case has to go forward then i have to take help of my seniors itself.

Also this query was asked since my practice is in Cheque Boucning, Co Operative Soceity and Property matters.

Also pls ready the rules and regulations properly of the forum before u make any kind of such bad statements.

Nitin Kotian (Advocate)     16 January 2013

Sir thanks for the suggestions. we wud go through the divorce process itself . However sir i would like to ask my client has been treated cruely with that person. However at some stage the court may order her to stay with her husband for a period of six months as per the law.

Is there anyway that we can avoid that, as she is terribly afraid to even think of this.


(Guest)

1. No lawyer helped her ? lol ! She just need to file FIR and state would have represented her if she can not afford. Are you really a lawyer ?

2. Did you check the facts stated orally by her before advicing her to file 498a?

People like you are provoking to file false cases without even knowing the facts and you want me to respect your query. Idiot.

 

Nitin Kotian (Advocate)     16 January 2013

U Idiotic and foolish person does a common man knowns the process that she needs to file an fir. the lawyers to whom she met didnt even tell her that much and she was very much in a state of shock that she was afrraid going to the police wud risk her own life.  I guess u may be a lawyer but u cant be a good human to help others.


(Guest)

 O really? She was working, earning and have not heard of FIR ?   Which lawyer did not suggest him to file FIR or told her the procedure? I would like to worship him. I wish my wife meet such a lawyer if she happen to file an FIR someday :-P

Nitin Kotian (Advocate)     16 January 2013

okay once i find out the lawyer who didnt guide her i wud ask him to join u on this forum... u can surely discuss the same... at ur own will..


(Guest)

Thanks a ton, that will help 100s of harassed husband. you are truely a gem.

Never Give Up (Fighter)     17 January 2013

No court orders to stay with husband for Period of six months. Six month period is cooling off period which are given to parties to re-think upon their decision of divorce.

Nitin Kotian (Advocate)     17 January 2013

Its often said that when we walk on the road, and if a dog barks at us we dont need to bark at him as there is some difference between a dog and a human. Same way i after every useless statements of yours i dont need to give back answers certainly there is some difference between u and me. Hope U Understand now...


(Guest)

Be a man and don't call yourself dog. Thanks forthis  warning that you can bite :-P

Nitin Kotian (Advocate)     18 January 2013

Same to U sir, by the way what type of dogs breed u ar... pls put the photograph out besides ur name... so that the world can understand that even dogs  try to give sume legal decisions... asked by a human.


(Guest)

My purpose has achieved to destroyed this thread asking advice to cook false 498a :-)

Happy 498a-ing !

Good Luck


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