Dv - advise

1. It is often pitched under DV Act that incidences of domestic violence are continuous offence and thus narration of even one incidence of domestic violence makes a Complaint case get registered / numbered and cause title gets serviced for issue Notice to Respondent(s).

2. I have always pitched that "offence" cannot be continuous in domestic matters and brought to forum several Judgments supporting my stand / views but I was always shown the red flag by eloping fellow ld. brothers with bald justification that "incidences of domestic violence are not coming under criminal laws" which I again said it is serviced procedurally from day 1 till PO continued only by Criminal Procedure Code so calling the Act, 2005 a civil quasi -criminal law is blasphemy right from the beginning. But this is my view you may not agree which is not my issue.

3. Returning back to your next question, what you expect me to say now after what I said in para 2 other than, it is enough to admit the complaint case and you and we all know what happens next once a DV or S. 498a or husband’s divorce case once gets admitted – years in Court proving that ‘the slap that I slapped 1 year ago was the one and only one resounding slap and was hurled by me in good faith in our domestic relationships and till date in her daily dreams she is falsely alleging I slap her daily-daily-daily’ which is nothing but gross misuse of provisions of Law as even Hon'ble Apex Court says that a MIL kicking and slapping DIL is not S. 498a so my lord how just one chintu sa -pyara sa slap to domesticate a wayward (not Howard 5000) wife could be called as domestic violence under any stretch of vide interpretation of The Act, 2005 but meanwhile she already gets some Protection orders is it not kya J

Summing up; but your defense is in your own admitted facts which you yourself wrote to forum as - “One year later, husband, in a written communication to her, mentioned about that unfortunate slapping incident and stated that such incident should not happen again.” Get your own facts interpreted by your lawyer and what will come out as;

Held;

“…….it was one incidence and for the same husband apologized in writing and evidence brought by aggrieved person clearly points out that the communication exchanged between them was after 1 year hence such normal wear and tear in domestic relationships cannot be converted by aggrieved person now as ‘continuous offence” to service Complaint matter under DV Act, hence complaint case dismissed, file sent to record room.”

Savvy ! 

@tajobs,

thanks for your advice.

Is there any judgement supporting that one such incidence as admitted by husband be treated as wear and tear of family?

Originally posted by : Nandha
	@experts,   Husband slapped his wife when she was using filthy language against him & his mother in October 2010. No complaints were made except threatening of 498a from the wife's side. Then, life went normal. Husband left for job outside India and kept in touch with her through phone and emails and even visited her once, stayed for a few days and again went abroad for job.   One year later, husband, in a written communication to her, mentioned about that unfortunate slapping incident and stated that such incident should not happen again.    When he returned back to India, within a month wife created scene and left matrimonial home with kid and it has been more than  8 months since she left.   Can wife use that communication (written one year before) for filing domestic violence or any other false cases?   Will court take that communication as strong evidence?  please advise.   Thanks

One letter stating a fact of slapping wont be harmful for you in a court of law, but beware brother, once a DV case is filed, it will drain you out like anything.

But its the time which you are made to spend on the case what matters.

Eitherways it does not take anything to file a dv act case.  Make some allegations present your case, and thats it.  If she'd do so, be ready to roam around court halls.