jitu patel (supervisor) 02 October 2011

Regarding dv act

Dear All,

I want to inform you that i & my wife are living seperately since 4.0 years.

She had filed against mein 2008 under maintance act(though she is earning 10,000/-p.m.Copy of her salary slip is admitted by us in the court) & child custody(female child living with us since she was only 1.6 years old).

Now,both the cases are running in the court and are at almost final stages.

In August 2011,she came at house with making injury on body herself and laid down near door.Her father as planned sent an ambulance and took her to the hospital.Then she got medical report & applied under 498a,against me & my parents.

Also,on the basis of FIR she had applied under Dv act (Sec 18,19,20,21)aginst all of us.No,chrge sheet had been filed by police yet.It was only drama to threaten us & to apply under DV act & 498a.My question is to you that,

1)How can she come at my house as the both cases are running in the court and court had not give any permission or order/visitation right to meet the child?

2)When both maintanance & child custody cases are running in court ,can any desicion may be taken by this two cases where DV act is running?

3)Can court take any desicion regarding Maintance & child custody whithout any proper investigation that in actual, domestic violence had been taken place or not?

Please suggest me your best suggestions....

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8 Replies

Tajobsindia (Senior Partner ) 02 October 2011

@ Author

1. A natural mother can visit ordinary residence of child to seek child's welfare pre - during - post litigation without Courts order. If she came then "protest application" and direction could have been sought which is missing from your query other than a que. on her visit. She is showing her concern towards the child in absence of any injunction or further direction !

1.2 Your second que. I could not understand. if you are asking if two other cases running then can Bharat Ratna DV case can also run? Then the answer is yes since all cases run on their respective strengths and inherent weaknesses accordingly.

1.3 Bharat Ratna DV Act case runs on prime facie complaint application of a aggrieved person supported by a DIR and or call for DIR which ever is the fact thereto. Hence at interim stage a competent Court may grant quick relief to aggrieved person which is the express nature of Bharat Ratna DV Act as made to believe in general public psychic.

1.4. If you say both cases are in "FINAL" stage then in my opinion these basic que. reply is too late to give.

1.5. Suggest to wait for the outcome of both cases and it may come any day as you say it has reached to final stage !

Others may add their inputs if any.......

jitu patel (supervisor) 02 October 2011

Sir,i want to ask you that when court can consider that maintanance case & cild custody case is running under family court.So.judgements will be given on that matter or judge can order against DV act..

jitu patel (supervisor) 02 October 2011

Raj Vikram Singh (Software Engg) 02 October 2011

TajobsJi,

Is this point valid for Father also. Where in-laws are not allowing to meet child:

Current situation- Police complaint in local police station. No CAW/No court etc

1. A natural mother can visit ordinary residence of child to seek child's welfare pre - during - post litigation without Courts order. If she came then "protest application" and direction could have been sought which is missing from your query other than a que. on her visit. She is showing her concern towards the child in absence of any injunction or further direction !

Regards

Raj Vikram Singh

Tajobsindia (Senior Partner ) 02 October 2011

@ Raj Vikram Singh

Ha ha kyu phasa rahey hai aap mujhe shabdo ke jaal mei. Okies there you go by way of illustration to self understand what actually my question by you quote - un quote shall mean:-)

Illustration:

You wife without any express Order comes to your home in a case scenario when both of yours child is with you.
Neighbour 1: Woh bechari khadi hai darwajee mei........
Neighbour 2: Kitney besharam hai ki pani taak nahi puncha......
Neighbour 3: Gunda gardi hai ki bache taak ko eik jhalak nahi milney diya apani maa sey.....
Society: pata nahi kya chakkar hai biwi ko nikal diay aur bache ko akela paal raha hai.........kya bache akeley paltey hai bin amaa ke ! J

You without any express Order goes to your wife's home in a flip scenario when both of yours child is with her.
Neighbour 1: Sharif lagta hai........
Neighbour 2: Kya bache ki itani bhi fikar nahi thi jo aaz aya hai milney......
Neighbour 3: Dekh dekh kaisey ghur kar kirdki mai dekh raha hai itney deer sey.....
Society: Bachha aur maa ko maar peet kar nikal diya aur aab aya hai bache se milney itaney maheno ke baad bsharam kahi ka aab dikhega to maar maar kar bhaga denge iss colony sey ! J

In both sides of social drama actually either parent is personally showing h/er concern to h/er child in absence of any court Order as all that takes ages to get in court scenarios is it not so and since in cases of love and emotions read as affection towards your own child one can’t wait for proper Orders of Court but then social dictum rarely allows them to take such steps and only few courageous mother and or courageous father goes and takes extra length to go to others home and makes one knock and politely says "ok whatever happened between us is in court allow me to meet my child for 10 minutes and thank you for it" In next 60 seconds if S/he does not allow then immediately take a walk back 100 mts. from boundry wall of child’s present home - no waiting at doorsteps for h/er reaction remember this and from 100 mtrs. make a call to 100 # and tell operator to help you and narrate that you are father/mother of a child who is living at such and such address ... and you went there to meet child but mother or father didnot allow you to meet hence help me. Take no. of lodged recorded call and operator name. [All 100 # calls are recorded and saved for 30 days in normal situations.] Now go back home file an RTI in under 24 hrs. to police control room POI address to give you transcriptt of call details in a cd and attested hard copy format.

This RTI reply and annexed attested copy / cd are your protection to all your fatherly / motherly fears of mind and for the same such length explanation mahaprabhu you sought from me – yeh bhi sahi hai J

Flip above and suppose your child is held ransom by a distant relative, what shall you do immediately when no court order or suppose HCP is pending and you know probably where the child is ? This is a crude que. (HCP inclusion here is bad in law but I said it so what?)

THINK.............

Either parent reading down this take can take a call as per your hosh and/or josh.

1 Like

jitu patel (supervisor) 03 October 2011

Sir, My question is to you that can court take any desicion under dv act regarding DV act before cross examination or evidance stage comes on board?

Because child custody case is running in other family court since 2008.Magistrate had taken personal interview if child 6.0 years old child,child is not in position to go with her moter as she living with us when she was 1.6 years old.

As she is qualified doctor earning 10,000/-p.m.We have admitted her salary slip in family court,against her maintanance case.

She had made only drama for DV act to harras us.

Please suggest me...What should be done?

jitu patel (supervisor) 03 October 2011

Sir, My question is to you that can court take any desicion under dv act regarding DV act before cross examination or evidance stage comes on board?

As she is qualified doctor earning 10,000/-p.m.We have admitted her salary slip in family court,against her maintanance case.

She had made only drama for DV act to harras us.

Please suggest me...What should be done?

rajiv_lodha (zz) 04 October 2011

@Jitu!

why r u bumping same question again & again at the tread,

As Tajob has told, DV ACT CAN VERY WELL GIVE HER DESIRED RELIEF DESPITE OTHER SIMILAR CASES RUNNING IN DIFFERENT COURTS.

See, she make sapplication under sec23 for URGENT RELIEF. MM is bound to dispose it within 60 days. Beauty of DV lies in the fact that it runs on PRIMA FACIE statements. The evidence, cross, arguments all happen afterwards. Bear it, this is how law is made by ASSH**ES!

Now, coming to "How to deal with":

* take sec 23 application seriously. U will have years waiting peiod to prove ur truth while she will bask in the glory of Sec23 relief.

* other court has denied her monetary as well as child custody relief- bring this fact out in ROARING to the MM during sec 23 application hearing

* Rest will be on merits u know.

maenwhile, remeber she will easily get VISITATION RIGHTS at least.

What about residential rights? has she not asked for BUNGLOW WID LONG CAR?

rajiv