Domestic violence under section 12

Defeat the case on merit.

Originally posted by : Mrityunjay
	My wife had lodged a case on 26.05.2014 under domestic violence act (section 12) against me, my father, mother and brother with false allegations before Judicial Magistrate, Civil Court, Dhanbad, Jharkhand where my mother-in-law is working as a clerk (Peshkar) in which only I was convicted on judgment dated 16.09.2015 on basis of allegations that (i) I had thrown out to him with child in September 2011 from my matrimonial home & (ii) she was assaulted by me, my father and brother on 10.05.2014 at Dhanbad, Jharkhand. I was convicted because I had no any documentary evidence during trial. Then only my father had appeal before District & Session Judge, Civil Court, Dhanbad, Jharkhand within limitation period by misguiding by my advocate where application was dismissed. Now, I have received documentary evidence under RTI act 2005 that (i) my wife was gone for admission in M.Ed. course at Hazaribagh, Jharkhand and got admission on 23.09.2011. Before that my wife has gone with me for their examination on 20.05.2011 and 18.07.2011 at Ranchi, Jharkhand from Bhubaneswar, Odisha and I have railway ticket as a proof and (ii) on 10.05.2014, I was present in my office at Bhubaneswar, Odisha 1000 Km far away from blaming assault place Dhanbad, Jharkhand and recently in December 2016, my appearance on 10.05.2014 at Bhubaneswar has been received from my office under RTI act 2005. My wife was also working as assistant professor in B.N.Saha DAV Teachers Training College, Giridih, Jharkhand at the time of filing case on 26.05.2014 and was earning 22,000/ per month on contractual basis and now, she is earning 33,500/- per month as associate Professor on contractual basis but till date, I have no documentary evidence regarding earning of my wife and in this regard, my RTI application is pending before CIC, Ranchi. 1. Can I file revision petition in May 2017 in Civil court/High Court against order dated 16.09.2015 after receiving of documentary evidence which are pending before CIC under RTI? 2. Is any time limit for filing Revision Petition against domestic violence order? 3. Can I file a case in Highcourt to quashing order dated 16.09.2015 because order is on the basis of false allegations and now I have documentary evidence? 4. What I can do in this situation?

You give revision petition asking MM court to cancel the order that it has passed based on the facts that you have on hand right now.  No need to go for appeal in Sessions court also.  IT will be waste of time and also money as you need to pay to lawyer again to go for appeal in sessions court and again it takes time. MM court has power to review its own order after completion of 1 year when you cite suitable circumstances asking it to reconsider and review/readjudicate/cancel the order as it deems fit.  First give application here, apply for certified copy and keep that ready.  If MM court dismisses such application, then immediately go to Sessions court for cancellation for such impungent order passed by learned MM.

You can keep in touch with me here or via email.

Order in C.P. Case no 1165/2014 dated 16.09.2015 (Page 117 to 119 in enclosed pdf file) is passed on the basis of allegations mainly that (i) she was thrown out from her matrimonial home in September 2011 & (ii) on the eve of holy festival in the year 2014 i.e. on 10.05.2014 at 4PM, she was assaulted by me (affidavit page no 44 to 56) at Dhanbad, Jharkhand.

Reply

1. She was gone for admission in M.Ed course at Hazaribagh, Jharkhand and got admission on 23.09.2011(Page 96 to 101) for which, she was applied in June 2011. She was not selected in 1st list and 2nd list result published in July 2011 and August 2011 respectively and finally selected in 3rd list result published in September 2011(page 95) while she was gone for their examination at Ranchi, Jharkhand with me in May 2011 and July 2011. I have railway ticket.

(ii) on 10.05.2014, I was present in my office at Bhubaneswar, Odisha 1000 Km far away from blaming assault place Dhanbad, Jharkhand. In this regard, information furnished by my office under RTI is enclosed at page 107 to 114.

My wife was also working as assistant professor in B.N.Saha DAV Teachers Training College, Giridih, Jharkhand at the time of filing case on 26.05.2014 and was earning 22,000/ per month on contractual basis and now, she is earning 33,500/- per month as associate Professor on contractual basis but till date, I have no documentary evidence regarding earning of my wife and in this regard, my RTI application is pending before CIC, Ranchi, Jharkhand. However, she is taking Rs 10,000/- per month from my salary on the basis of order passed on 16.09.2015.

1. Please provide Sample plaint. So that I can file revision petition before Judicial Magistrate, 1st Class, Dhanbad & District and Session Judge, Dhanbad against the order for cancellation of order dated 16.09.2015.
2. I want to file and defend the case myself without lawyer but I have no LLB degree. Can I do so? If yes, under which section?
3. Can I file revision petition in highcourt if District and Session court also does not cancel the order dated 16.09.2015?