Domestic violence case maintanability

Regarding 5 and 6.

Just making claims that you asked dowry on phone, she should have some audio recordings to prove it.

Beating, black and blue, is there medical certificate from a Government doctor stating that she had such n such injury?  No?? Then case wont stand.

And no relief will be given if no domestic violence has occured.

This all looks like a money game.

She is looking for money.

Regarding maintenablility etc, there are scores of judgments available which I will post in my next post.  But my friend with judgment or without judgment or maintanability etc, to prove all this/if you did commit DV or you did not commit DV it  will take minimum 5-6 years to come out of this DV case alone. Let aside the 498a.

Hope you got my point.

I am not an advocate but have successfully fought DV case without advocates. So, here's my advice:

Check Justice Roshan Dalvi's ruling in Criminal Application no. 160/2011 decided on 7.3.2013. You should get it on the Bombay High Court website.

Also, Supreme Court Decision Inderjit Singh Grewal vs. State of Punjab & Anr. Cri. Appeal no. 1635/2011.

In addition to the issue of limitation of one year, you have one more defense. Is the house owned by you or your parents. If it is owned by your parents, then you can skilfully apply Supreme Court's decision in Tarun Batra v. Batra... Just check the net, and add "shared household" as search criterion and you will get a lot of hits. Read it anyway and decide how it applies to your fact situations. The Inderjit SIngh case has to be read carefully to screen out the main ratio-decendii... Limitations of one year. 

Drafting of your application to dismiss the petition has to be skilfully done and argued. Chow-ani advocate will screw up your case.

Good Luck!

1.    The DV Act, 2005 complaint is maintainable or non-maintainable is question of facts and is answered when trial proceeds and before that it is already admitted and respondents should participate in trial.

2.    If respondents could have challenged summoning Order in Sessions then HC and then SC then clarity would have come and meanwhile trial Court matter would have got stayed by superior Court directions. Since these questions of Appeal are not mentioned in brief the question of maintainability or non-maintainability needs waiting adjudication now.

3.    In my opinion the complaint case is maintainable for a trial for three reasons; telephone calls by husband in a subsisting marriage, complainant living in shared household and just the day she leaves she files a police report with some facts and lastly parties child removed from natural mother’s company.

4.    A replier (@ Samir N) directing queriest to use Hon’ble Mumbai HC and Hon’ble SC Judgment; I differ to such references directions as both references are on totally different footings and bears no corelation to brief and thus cannot be used in reference brief in a Appeal case.

I had replied to TajobsIndia but the reply did not show up. It may later. But quickly... You can use the admissions in the petition to file an application for non-maintainability of DV without waiting for leading of evidence. Admissions in the petition are admissible as evidence. If the admissions do not suffice, then, yes, you need to cross her and get the admissions you need on the record and then file non-maintainability application. I believe that you are in the preliminary phase of your DV. Strategize... decide what will be your defenses and work towards getting them admitted by her without her realizing it.