Guidance needed in a dv case

@fighting back, @nikhil singh, @Mahesh R. Sonawane  I invite you to help me with your knowledge

Originally posted by : Summersail
	Hello You have helped me earlier with my minor queries. I am highly thankful for that. I have few questions, if you guys can answer will be highly appreciated. I am appearing in a DV case filed by my wife.   Q1) She has submitted some sms evidences which were between us. Most of it were allegation by her but I am responding calmly and avoiding acceptance on them. nothing is specific proved on those smses as I knew that it was a planned trap. I have not done anything wrong but as we all know in such cases nobody is clean. I have few things on me which are represented in an exagerated manner in her petition. Please let me know how to defend this evidence. Q2) She has nearly covered each and every member in my family in her DV petition. My sister and her husband is also being mentioned. They are staying away from me and are living far away in same city. They have got nothing to do with my matter. There are no rigid evidences against them eighter. Please let me know how to protect my sister's family from this case. I cannot risk informing my Sister's husband as it will create tension in their family life. Please guide me on this as it is my main priority to protect my sister's family. Apply for stay in HC regarding accused and co-accused. Q3) My in laws are troubling me whenever I am coming to their town to attend the court date. As soon as I finish from the court, I will get a call from nearby police station that I have said something slang or have slapped her on my way out of court. Now  the police guys know that these allegations are just to increase my trouble, they take my statement and let me go but everytime I have to do some hand greasing. Please guide me how to protect me and my father from getting into it everytime. File a formal complaint against your inlaws and take NCR number and certified copy of complaint from police station.

All in all very vague query.  You are shooting in dark all around.  

You have mentioned nothing regarding section number of DV case.  SMS printouts etc details are also very vague.

Ask your lawyer under what sections the Domestic Violence case has been filed.  Only then can it be advised of its outcome and proceedings.

Get a dual sim mobile.

Keep your old number shut till you reach home from court.

Keep other number operative for emergencies.

have replied to you on your PM...............

Q1: Unless one knows the content of the SMS, one cannot guide you.

Q2: If other parties named in the petition or made parties to the petition were not residing with her-and-you in the same "shared household," then they cannot be made parties and allegations against them cannot be considered by the Judge under the DV Act. 

Q3: Always bring a friend or relative along with you to be a witness. Do not take calls from unknown numbers before or after Court appearances. Submit an application with the Court asking a restraining Order on your wife and in-laws from communicating with you or coming close to you during Court appearances. Explain the basis for your application for an injunction. At the minimum, you would have put the Court on notice about what she has been up to. The application may not be granted, but at least the Court has been informed of the conduct.  Also, her false allegations amounts to cruelty by her which you can use in the future against her.   Also, add some Masaala of your own. Have someone call you from a public phone and then complain to the Court  that you are receiving death threats from your in-laws.  Show the public phone in-coming call to the Court. Go on the offensive.  For every false allegation of crime by her, you do the same, in even stronger terms. TIT FOR TAT.  Tell the Judge that you are really worried that they may physically attack you some day. Also approach the Police Station informing them that you are getting death threats. See how the picture changes...  Also, have someone call your sister  at late night (of course after you inform your sister of your plan).  Then, at some point, if she is made a party, then she too can file a DV case against your wife!!!!  

@Helping Hand ! , fighting back,  Samir N (2HelpU) and everyone Thanks for your comments!

** Regarding SMSes, The list is very long and she was just smsing her allegations and forcing me to accept it. I have always denied it. As the communication is very long, I cannot type the whole matter.

***The DV section and details are as follows:

Section 16: Demand to file a dowry and harrasment case. Demand to get all details of my bank account. Demand of streedhan (Which is in Lakhs!!)

Section 18: Demand of protection

Section 19: Demand of residence of same quality somewhere else, demand of streedhan (I dont have  it and I dont know how to prove it)

Section 20:  Demand of money again in lakhs for physical and mental and Streedhan damage. (Allegations are purely fake and no evidences submitted for same)
 Huge lumsum amount demanded for medicine (In lakhs again), maintainance etc.

Section 21: Demanded for order but no demand mentioned in detail

Section 22: Demanded for order but no demand mentioned in detail

And whatever court feels best should be executed against me.

**She recently gave 5 hours of statement against me and my family. I am still awaiting the matter in written. All I can say, Its extreamly egoistic person sharing its perception.

I will be switching off my cell phone from now onwards after leaving court.

I am already paying interim in the court after it is passed.

They are asking more money through 125, It is already under proceeding. No 498A filed so far, I have been to SP office counselling and they failed to file it after that.

@Samir N (2HelpU) I know about the "shared residence" clause in DV but I am unable to find any instance which can be shown in the court.

Please guide me further. I highly apreciate your contribution!