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Domestic violence on 75 year old man

Page no : 2

Biswanath Roy (Advocate)     13 June 2014

I do not know where you reside .  I often visit Bombay High Court to attend my cases.  If you reside at Mumbai  I can help you to get relief  if you so desire.  Although I am 84 years of age I am capable to conduct cases in different High Courts in India and still do not feel myself as an old man.  Remember age is a matter of mind , if you don't mind your age it is not a matter.

Sudhir Kumar, Advocate (Advocate)     13 June 2014

@ noname_123

 

You have made good advance of sympathy.

you are perhaps referring to 

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

 

I am giving the link

https://socialjustice.nic.in/oldageact.php?pageid=5

 

I wish if this law could be any help to him for protection fromdomestic violence act or for seeking legal expenses from nephew.

 

Kumar Doab (FIN)     13 June 2014

It is suggested that RTI application be filed to provide full detail from police station.

The lawyer or anyone can file it.The police shall have to provide it.

 

We have filed so many RTI's and police has never concealed or denied.

IN fact the evidence thru RTI was irrefutable.

 

The the nephew or his friend recorded the episode of compromised position on terrace that would be an evidence.

 

A Lawyer handling such cases is need of the time.

The discussion would indicate how the matter would be viewed by Lawyer of the female and has thrown light on the matter.

 

 

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

@ Sr. Citizen Mr. Joshi; No doubt your case appears to be genuine and seeking advise from experts and lawyers at this forum is very much appropriate.  Mr. Sudhir Kumar, who is doing a very wonderful job here in this forum by advising, giving proper opinions and very good suggestions to all those distressed and need people by sparing his very valuable time, at free of cost.  In my opinion, he raised all those queries to ascertain the details in order to help you with his experience and opinion and guide you properly, so there is no use in getting annoyed or provoked over his genuineness.

To your problem, since she is in the peak mood to avenge your nephew to cover her disappointment over her desires of settling down with her boy friend in a foreign country  at the cost of your nephew, getting spoiled, she will now be very ferocious like an injured tiger to destroy everything coming her way which was responsible for the debacle.  Since she could not find any none else, she caught hold of the only person available, i.e., you.  This will not be big issue, you can challenge her case properly by engaging a prudent lawyer and teach her a lesson by getting the case dismissed. Before that, if the case is against your nephew too, you may get the case split and urge for trial of your case alone separately, which will provide you an immediate relief.  Have you been enlarged on bail?

Joshi (Officer)     15 June 2014

Originally posted by : T. Kalaiselvan, Advocate

@ Sr. Citizen Mr. Joshi; No doubt your case appears to be genuine and seeking advise from experts and lawyers at this forum is very much appropriate.  Mr. Sudhir Kumar, who is doing a very wonderful job here in this forum by advising, giving proper opinions and very good suggestions to all those distressed and need people by sparing his very valuable time, at free of cost.  In my opinion, he raised all those queries to ascertain the details in order to help you with his experience and opinion and guide you properly, so there is no use in getting annoyed or provoked over his genuineness.

To your problem, since she is in the peak mood to avenge your nephew to cover her disappointment over her desires of settling down with her boy friend in a foreign country  at the cost of your nephew, getting spoiled, she will now be very ferocious like an injured tiger to destroy everything coming her way which was responsible for the debacle.  Since she could not find any none else, she caught hold of the only person available, i.e., you.  This will not be big issue, you can challenge her case properly by engaging a prudent lawyer and teach her a lesson by getting the case dismissed. Before that, if the case is against your nephew too, you may get the case split and urge for trial of your case alone separately, which will provide you an immediate relief.  Have you been enlarged on bail?

Yes case is against my nephew too. I am waiting for court summons to be issued on me. As soon as i receive it i will do the same. Earlier girl filed I.P.C. 406 on me including my nephews name but i was successfully able to fight that case and before even chargesheet was filed my nephews wife withdrew that case. Now for DV you are right she has the same feeling of retaliation. It seems until she doesn't find anyone to marry her she will keep on harassing us. Your advice on splitting the case is very good. Is there any special application required to do so ? B'coz the whole idea of filing the case is to bring my nephew in the picture which didn't happen when she filed earlier cases.  If i split the case her lawyer will have surely tell them that "JISKA DAR THA WOH HI HUA". The old man wants his case to be split up.

Joshi (Officer)     15 June 2014

@ Sudhir Kumar Appreciate your advice i will take a note of the same.


@ Adv. Biswanath Roy i reside in state of gujarat.  You are 84 years of age i believe you would have been my best bet if i was in state of maharastra. Atleast now i feel that i am not the only one who is old, there is someone who is older than me and that also with much energy & enthusiasm - Very good sir. I appreciate your initiative of offering me such support. Should i need any help i will surely approach you.

Sudhir Kumar, Advocate (Advocate)     15 June 2014

I neither need your appreciation for views expressed nor do I need any apology for your past uncalled for rudeness.


(Guest)
Originally posted by : Joshi


I was referred to this forum by some wise people.


OK


Today my nephew wife has filed domestic violence case on me even for the fact that i have nothing to do with their troubled relationship.


Just being present at the time of mariage does not make you a party to the marriage.  Were you living with them in their house?  Are there any VDO or audio recordings suggestive of your presesnce?  Are there eye witness who can state that you were involved in some act of DV to the said party?  I absence of such you are out of the case in max 2 dates that too if you hire a sharp vakeel.


My nephew lives abroad and he and his wife had marital problems  his wife had illegitimate relationship with someone and he caught her on the second day of their marriage. He immediately left india and told her that this relationship was over but now she has filed so many cases on him and asking for huge sum of money which he don't want to pay.


There lies the problem.  She wants money, he does not want to pay.  Frankly you will come out of it within no time, due to age factor and circumstantial evidences.  But the nephew will be stuck with this case for the next 6-7 years, and will surely end up getting deported.  Go behind bars, spend time there and finally end up paying money to her in the end as maintenance or compensation. 


I am 75 years old and already heart patient, with broken vertebra, diabetic, disabled and  counting my days to live my last days peacefully. Although justice system has nothing to do with my age factor but I have nothing do with their relationship i was present as a elder to give my blessings during their engagement and his wife has furnished my photograph saying that i was present during their engagement and i have harassed her by saying bad words which is not true. 

All such allegations need to be proved in court of law.  Simply making allegations wont make you chargeable for such, but its a nuisance in total until the case gets over.  It all depends on how your counsel puts forward the case before the magistrate.



Meanwhile i wrote a letter to human rights commission filing complaint against this harassment and they have replied me that within 8 weeks necessary action will be taken. At this age - it is very hard for me to even get up from bed. Meanwhile i have to attend court date and i want to know am i liable for this crime ?

Attending court dates is important as non presence on dates will attract warrant issue and subsequently if  not found non-bailable warrant will be issued against you. When caught, you will be at the mercy of the magistrate as to when he will grant conditional bail.  Till that time, you will be in jail.  That is the power of DV case.  Make sure your lawyer attends all dates on behalf of you and that you just need to be present on evidence and cross examination dates.


Do i have to pay her alimony ?

Maybe.  It depends on how good or bad your lawyer is, but generally looking at the case, its yuor nephew who has to cough money and not you.  Once it is established that you are no where in the marital life picture of your nephew, your are out of the case.


She is claiming 10 lakhs for mental torture.

Let your nephew pay.  Just tell in open court the fact that you had been just to engagement and you got nothing to do with your nephew now.


The fact that i am her husbands uncle why am i being summoned for this ?

Even if you were his other uncle whom he ha never met, his wife can file a case against you.  No critieria for filing false cases in India.


Can anyone tell me - is this some sort of pattern adopted by wifes where they harass old age people just to get money out of it.

You may as well ask your nephew's wife.  and other women whom you may find in court halls, at your age, you an as well have a chat wit the magistrate himself upon request and discuss a word or two with regards to this !!





(P.S. - I have requested someone to type this question on this forum as i don't have good eyesight)

 

I hope the font size is readable.  You may get in touch with me on phone too.  Check PM.


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