Received Justice (Accounts) 30 March 2013

Dv case!!!!!!!!!!

ME , My wife & son were living in Delhi. Understanding issues with wife from last 6 years . Son is already in hostel from Sept'2012 & studying in reputed school in Delhi. Her mother & uncle came & took her Punjab 5 month ago. I got phone call from Mahila Thana & Inspector told me that my wife filed complaint for Domestic Violence against me & my family. In Punjab, my family got some summon also , which they refuse to accept as I was not residing Punjab from last 7-8 years (before marriage i settled in Delhi). I have to go Mahila Thana in next week .My questions are :

1. What type of questions will be there & how i should react them?

2. How to safe guard my family , as they are not staying with me in delhi.

3. What is summon means? after complaints , can court issues summons immediately without any investigations.

4. Should I file Divorce case now in Delhi to make her life difficults for court case etc

5. Shold I apply bail for me & my family on basis of summons.Is DV case is crimal or civil.I am sure she will have false medical report to file DV case. But she went with her mother & uncle from Delhi & no action was taken by her from 5 month, so how will be the case stauts now?

Reply Follow

4 Replies

Sudhir Kumar, Advocate (Advocate) 31 March 2013

1. What type of questions will be there & how i should react them?

Ans : depends upopn the complaint

2. How to safe guard my family , as they are not staying with me in delhi.

Ans : By seeking AB

3. What is summon means? after complaints ,

Ans : Sommon is notice from court to attend court

can court issues summons immediately without any investigations.

Ans : Yes

4. Should I file Divorce case now in Delhi to make her life difficults for court case etc

Ans : Who said you are fling divorfce case. Try reconciliation

5. Shold I apply bail for me & my family on basis of summons.

Ans : Yes

Is DV case is crimal or civil.I am sure she will have false medical report to file DV case. But she went with her mother & uncle from Delhi & no action was taken by her from 5 month, so how will be the case stauts now?

ANS : sHE CAN FILE EVEN AFTGER FIVE MONTHS.

Manish Udar (www.Mehnat.IN) 31 March 2013

DV case is both civil and criminal. No need for anticipatory bail yet.

False Accusations by Wife

Amit (NA) 31 March 2013

In DV case, the respondents can only be people who shared household with the woman. Since none of your family members lived with you and your wife, DVC doesn't apply to them.

So your family is safe as far as DVC is concerned. But interestingly she filed DVC first and not 498A. If you suspect an incoming 498A then try to get AB for your family.

If things can be settled down in DVC itself, try for that. Act cool and do not get angry or upset in thana.

If you file divorce case in Delhi, she can get it transferred to her place but I am not sure if that'd be allowed in this case.