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saleem javid (nil)     16 February 2012

Dv

HUSBAND FILED RCR BUT DID NOT ATTEND. WIFE FILED IA (INTERIM APPLICATION?) SEEKING PERMISSION FOR VISITATION RIGHTS OF CHILDREN PENDING MAIN SUIT (RCR). THE DATE FOR IA IS SCHEDULED ON 23RD FEB. HUSBAND APPLIED FOR ADVANCEMENT AND  WITHDREW RCR ON GROUNDS AS "NOT PRESS" AND ENDORSED BY JUDGE. NOW RCR / IA STANDS CANCELLED.

CAN SHE FILE FOR VISITATION / CUSTODY OF TEENAGE BOYS AS A MAIN SUIT? CAN SHE ALSO FILE DV AGAINST HUSBAND AND HIS BROTHER AND WIFE. WE ARE MARRIED FOR 15 YEARS AND WIFE DESERTED HUSBAND AND TWO SONS SINCE ONE YEAR NOW. WILL DOMESTIC VIOLENCE APPLY AS SHE HAS LIVED AWAY FOR MORE THAN A YEAR WITHOUT ANY CONTACTS? IF SHE GOES TO POLICE STATION TO FILE FOR DV AGAINST HUSBAND AND HIS BROTHER, HOW WOULD THE POLICE PROCEED?

SHE HAD EARLIER FILED A COMPLAINT IN WOMENS CELL NEAR HUSBAND'S RESIDENCE BUT LATER AFTER COUNSELLING THE CASE WAS CLOSED AS SHE WAS NOT PREPARED TO JOIN AND THE CHILDREN WANTED TO LIVE WITH FATHER. CAN SHE FILE FOR DV IN THE SAME POLICE STATION AGAIN OR CAN SHE FILE NEAR HER RESIDENCE?

PLS ADVISE.



Learning

 5 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

She can file for visitation / custody of children as a main suit.

She can file DV in the same police station or near her residence.

There are rulings that DV does not apply after 1 year of separation,but it will only help you in quashing it later.

saleem javid (nil)     16 February 2012

Thanks. Does DV apply on my brother and his wife as we have never lived with them under one roof? Can the police prepare FIR for arrest based on her statement without questioning us?

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

In DV,FIR is not prepared or arrest is not done,DIR(Domestic Incident Report) is prepared.

Legally DV will not apply to people having not lived under one roof. 

Unfortunately there have been instances when such people have been falsely implicated in DV & 498a. 

Join SIFF.


(Guest)

@Chaitanya_Lawyer_Mumbai 

What does "There are rulings that DV does not apply after 1 year of separation,but it will only help you in quashing it later"  mean . Why later, can't it be quashed when DV is filed ?

Does the quashing happen only in lower court or it needs to happen in higher court.

 

thx

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

DV is filled in Magistrate court.

Quashing powers are with HC only.


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