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Justice for all (Legal)     09 October 2012

Dv case

Brief Facts: Marriage of less than a year - Wife severally harassed by in-laws - now staying with her parents for last 2 months-

  1. Should the aggrieved party (The Lady), complain to CAW first OR Should a DV case be filed for maintenance first and then approach CAW?
  2. What use will be the statement of facts given by the Complainant to CAW in
  • the Divorce proceedings and
  • criminal proceedings


Learning

 1 Replies

stanley (Freedom)     09 October 2012

You would have to narrate the exact facts 

1. Is harassed wife working .

2. Is she qualified .

3. Is she capable of working .

4.Only after this can a conclusion come against maintanence . 

5.Reconcilation attempts have to be made by husband and wife and a seperate accomodation should be taken to stay away from the inlaws if they are the cause .rather than filing cases . 

6. Even if complain is given to CAW ultimately the court decides so DV case has to filed in court .

7. What criminal proceedings are you talking about in DV case . First try to obtain protection order by proving the facts of the case and than think about criminal proceedings .

Your stress should be on point no 5 rather than breaking up the marriage by filing cases .Wish you all the best Mr Justice .


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