Dv case

Hi Sir,

@Shiva Kumar: Please start a new thread. Don't post your questions in someone else's post. You will not get any answers till you create a new post! Once you do, I will attempt to answer your question and also guide you properly on how to approach a lawyer and also on how to win your cases.

@Shalu 704: I hope the DV you have filed is true and not another extortion attempt. But reading your previous thread from 3 years ago, your husband and you are mutually divorced . So, in your extremely wise head, how did the DV occur when you are not even living with your husband or in-laws!???

Honestly, I think you filed this DV case out of spite! You want to teach your husband a lesson by misusing the judiciary! Well, am glad you did this, because once the trial is finished, which your husband has a greater chances of winning, I hope he turns around and files perjury and defamation cases on you. 

If you for one second think that you can fool around with the judiciary and use it for your own benefit, you are thoroughly mistaken. I hope the judge see through your lack of intelligence in filing this case and not only throw this case out, but also gives you a stiff punishment.

As per your question, In-laws will appear once and from there on the lawyer  should be filing an absent petition or an exemption petition. As per your husband, since this is a civil case and no notice is served to him, he doesn't have to come at all. 

Filing an absent petition is quite a nice little tool for the husband's side. Its been over 1.5 years since my parents haven't come to the courts and I just love the look on the opposite party are running around like crazy but are only losing money and getting more frustrated! And just to look at the rage in their faces is the reason I go to court..else I am not really required there till the trial starts..which won't be for another year or so.

So meanwhile, enjoy the draining of your bank account and the frustration! 
 

I fully agree and endorse the advise of expert Q Slinger.

Dear Salu

the issue have power to pass an order in your favour ex-party if they are not ready to appear before the court under section 23 of Dv Act 2005.

Hi All,

I know your concerns are very genuine and it would appear that this DV case is false  since i got divorced three years ago and I am here just to extort money from my ex husband..

But the fact is he is still emotionally abusing  me and my child, He has forcefully taken our child to US  ( our child's custody case is till going on in family court).. He does not appear in the court. he is victimising my child as well. My daughter has been completely isolated form the entire world in US . she is not allowed to speak to even my friends in US ( they told me about it). I ahve no idea how and where she is  and in what emotional state she is  in.. he is  emotinally abusing me and my child..

I dont want any money.. no nothing from him.. he is a sick person and I just want to get my child back safely from him..

Please understand that my DV case for once is very genuine.. 

I am doing everything just to save my daughter.. I have no other interest.  with him.. My daughter is absolutely helpless and I want to help her.. Is it too much to ask for?

Please understand that my  child is in trouble..

And I want to do everything under the sun to save her..

Can you all please help me now?

Thanks

And Mr. Q Slinger,  you are absolutely right.. That is what my ex husband and the ex in laws are going to  do..they will not take summons, they will not come to court, they will manage the police, postman, everyone..  that is what they have been doing for past three years..

 can you please help me as to how to deal with this? 

I sincerely need your advice.. I have really moved on in my life and very happy with my present life.. My only worry is my  daughter.. I just want to save my child and that is why I am wasting so much of my time and energy and money.. I ahve no other interest, please trust me..

And please advice me as to how can I deal with such people and make them bring my child back to India..

Thanks a lot

Originally posted by : shalu704
	Hi All,   I know your concerns are very genuine and it would appear that this DV case is false  since i got divorced three years ago and I am here just to extort money from my ex husband.. But the fact is he is still emotionally abusing  me and my child, He has forcefully taken our child to US  ( our child's custody case is till going on in family court).. He does not appear in the court. he is victimising my child as well. My daughter has been completely isolated form the entire world in US . she is not allowed to speak to even my friends in US ( they told me about it). I ahve no idea how and where she is  and in what emotional state she is  in.. he is  emotinally abusing me and my child..   I dont want any money.. no nothing from him.. he is a sick person and I just want to get my child back safely from him.. Please understand that my DV case for once is very genuine..  I am doing everything just to save my daughter.. I have no other interest.  with him.. My daughter is absolutely helpless and I want to help her.. Is it too much to ask for? Please understand that my  child is in trouble.. And I want to do everything under the sun to save her.. Can you all please help me now? Thanks

You both must have been out of your freaking mind to part ways when there is a kid out of the wedlock.  If that were not enough, you file custody case of the child only to make matters worse for the kid.  When you have the guts to call it quits after a child is born, you should always have the guts to bid adieu to the child too, marry someone else and move on in life.

Like this you are wasting precious time available to you.  You've been already divorced for 3 years.  Now trying to figure out where the kid is and how to get it back.  I sincerely doubt, the father of the kid is a monster in disguise.  But not letting the kid not talk to people who know you is quite normal in this kind of situation, if the kid was with you, you too would have done all tricks to not let the father of the child meet her, its all human tendency.

What you can do is, move papers for visitation rights, giving the address of where the kid is and things will take its own course.

Apart from this my suggestion would be, to just let it go.  Its a waste of time and money to run behind custody case.  Talk it out and settle matters amicably with ex.  Your daughter is there somewhere, but once she is made to come to court, the mental agony and confusion will only be detrimental to her mental health in the long run.  Think.  and take a decision of letting her go.  While you can always find ways to go and meet  her.

Try forcing exparte-order as suggested by Mr.Nadeem, whats your lawyer doing in between?

"But the fact is he is still emotionally abusing me and my child, He has forcefully taken our child to US ( our child's custody case is till going on in family court).. He does not appear in the court. he is victimising my child as well. My daughter has been completely isolated form the entire world in US . she is not allowed to speak to even my friends in US ( they told me about it). I ahve no idea how and where she is and in what emotional state she is in.. he is emotinally abusing me and my child.."

Ms. Shalu 704- If that is the case, who advised you that you would get relief under "Domestic Violence Act'?  If your husband has forcefully taken away the child when custody case in Family court is pending and the  girl child who is living in US  is not allowed to communicate with anyone else, then definitely the solution does not lie in D.V. Case.  In DV case, even though a relief of seeking the custody of the child is there, it cannot be main relief and moreover, when already a custody case, a case predominates to determine the rights of which parent to have permanent custody, is pending, then there is neither necessity nor benefit to file DV case, as it cannot give the relief you sought.  In addition to this, to be fair, if your husband has forcefully taken away the child, how you can drag your ex-in-laws in litigation, who have nothing to do with  all your husband's illegal activities.  And as you rightly said that it takes ages to serve summons successfully in DV case and in your case once ex-parte order deciding the custody of the child in your favour will be decided in DV case and it cannot be executable due to his non-appearance in the court and execution petition becomes futile exercise and does not serve your purpose.

But you have a genuine problem and your husband is illegal to the core and inhuman all the way.  He is not just emotionally hurting you but also the child, who require mother's attention and love, has been made to bereft.  In the eyes of law, the paramount consideration while deciding the custody of the child is the welfare of the child and your husband, in any wild imagination, has not behaved for the welfare of the child and his implicit indecent desire is to hurt you to the core and in that process, without intending, he is hurting that girl child also so much. 

Now, I suggest you the following legal solutins:

1. Move appropriate application in the Family Court where custody case is pending (and where I  suppose his appearance was made earlier) asking the court to bring the child within the territorial jurisdiction of the court   2.  To direct the passport authorities to refuse to  renew his passport under passport Act once it expires  3.  If the husband does not appear in the court along with the child, give a direction to the Indian Embassy through Ministry of External Affairs to bring back the child, as he was abducted from within the territorial jurisdiction of the court, when the custody case was pending. 

2.  Also, file haebeus Corpus petition in the High Court arraying proper parties seeking the presence of the child.

3.  File a complaint before the National Commission for women well explaining your and your child's plight.

Hope you will get relief.

Mr. Shiv Kumar,

@Shalu, many  people above have given their valuable advices out of their experiences. The ball is in your court now, if you are really interested to get back your child to India, there are many provisions in the law to extradite the child from US to India other than a mere child custody case. 

if the services are sufficient on opp parties, you can reqest hnble court for exparty order and next procceding.