s (Business) 01 October 2011

Dv case - misc queries

Dear Shoneek and other members!

I would like to ask a few queries regarding DV case

1) In the memo of parties, it is stated that there are two Petitioners - the first is my wife and second is my 5yo daughter. Can a daughter be a petitioner in a DV case?

2) The first para of the DV case says that a DIR is being filed alongwith - and there is no DIR report. Infact a PO is yet to be appointed by the trial court.

3) The MM has called for both the parties to place their income statements to decide the interim maintenance. I have submitted by IT returns for the last 5 years already - but the girl's counsel requested the MM to ask me to submit an affidavit of my assets and liabilities along with the bank statements for the last 8 years (since we were married) and the MM agreed. My wife is yet to submit her IT returns. In this case, can the MM decide on an interim without even asking for the wife's IT returns? What are the consequences of not submitting such an affidavit?

4) I lived abroad with my wife ever since we got married until she deserted me (except for a period of 6-7 months when we lived with my parents at the time of childbirth) - so there is no domestic relationship as such. Also, the allegations are vague and not supported by a single evidence. Would an application for DV quash for A2,A3 etc be a good strategy before the next date? (FYI-The 498a chargesheet has already discharged 3 of the 7 accused) Or would it be better to submit the affidavits and let the MM decide on the interim amount and then decide accordingly ?

5) Is it REALLY now possible for MIL or SIL to file a DV case on the DIL? Would it help in any way? Also, one of the DV respondents have to be a male?

6) Any recent citations to defend and/or defer the interim maintenance decision?

Regards

LIB

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3 Replies

(Guest)

1. Yes

2. Raise objection

3. Raise this point to MM and ask that she is yet to file IT returns even though asked - if she still does not plea for assuming that your claims made about her income is correct.

4. Domestic relationship is there with your parents as she has lived with them - even for short duration. You need to find some other grounds for opposing.Vague charges do not hold much water. You need to bring this out to court notice.

5. As per some high court judgment( Delhi inclided) MIL and SIL can file DV. You can e one of respondent and your role would be to remain silent or say that you were forced by your wife.

Tajobsindia (Senior Partner ) 02 October 2011

@ Author

1. In such nature of cases a minor is always represented by a certificate guardian. She is within her right as certificate guardian of the minor to seek maint. or as prayed relief on behalf of a minor whose certificate guardian she is by default. Have you ever approached any ld. Court to declare you as minors guardian ir-respective of her age. No, so she can file and pray for such relief.

2. A Bharat Ratna DV suit starts with "cause of action" and not by what gibberish applicant / aggrieved person mentions in her either S. 12 and or S. 23 Bharat Ratna DV application ! Cause of action is investigation / statement report before a public servant and in Bharat Ratna DV Act each State's social services Dept. meets roughly on an national average 8.5 K per month as exchequers payout to a protection officer and or to a NGO and or to a service provider registered under them. There is a procedure to register as same unless they are not there a Bharat Ratna DV Act proceedings cannot start which is even mentioned under Rules / Act and that was even legislative intent as per Parliament Debate in year 2002-05. Unless and until a ld. magistrate / mahila court is reminded fo the same i.e. to call for DIR on very first opportunity as preliminary objection bze any cause of action happens only when there is a report of the same made by a public authority either on request (i.e. on approach) and or by direction (a ld. magistrates on admission stage gives direction call for DIR) the suit hearing should be stayed and for the same ld. sessions court is the call for appeal forum. How does the court seize the matter that some domestic incidence happened between aggrieved person and R not prime facie at all !Tell this to your lawyer.

3. Enjoy the joy ride now that you have submitted all your ITR's instead of waiting for the aggrieved person who launched the complaint to give her version first. I have no further comment to make under this para.

4. Who are R2 - RX by relationship nature known and in which year she left shared household and in which year she filed the complaint under Bharat Ratna The DV Act I can't say much under this para.

5. Yes. making you as R 1 a MIL can very well launch complaint against her DIL and seek releifs under Bharat Ratna The DV Act

6. Citation comes handy when full facts are known and based on your incomplete briefs citations cannot be suggested. We understand in open forums it is not possible hence consult your advocate he is supposed to fly the citations relevant to facts of the defendant.

1 Like

s (Business) 02 October 2011

Many thanks for the responses !

@Tajobsindia - sarcasm abounds, eh ? :) But your inputs are much appreciated ! :)

I understand that a DIR is the starting point and with(without) the help of my lawyer, I could potentially try to defer the decision on the interim maintenance.

I also understand that it was hasty on my part (grrr @ the lawyer) to submit my ITRs - but now that they have been submitted - could I atleast not submit an affidavit (about my assets/liabilities + bank statements ) and instead ask for her ITR (and a DIR). FYI - I was asked to pay a fine of 500/- for not submitting it on the last hearing itself as per the orders of the last to last hearing.

Her version of my income/wealth status is in the application itself (unsupported by any evidence) and I have denied that in my reply to the DV petition.

The R2..RX are my mother, my brother, my bhabhis and my uncle. Got married in 2004, lived with the R2..RX for about 7 months or so between 2005-2006 and a couple of weeks everytime we visited India.

She "deserted" me in 2008, the FIR was registered in 2009 and the DV in early 2010.

Regards

LIB