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Khusboo (none)     06 June 2013

Sec 12 of dv

Hello All Experts,

Need help understanding whats happening.

My brother has filed for Annulity of marraige as the girl he was married to had some issues mentally, she mentally harrased my brother and denied him of any martial relationship.

When her father was called to settle things down he instead took her back home on pretext of sorting things out and filed a case for Maintenance, we have filed case for annulity in family court as well.

In the maintenance case its just stated that we left their daughter and now they want us to pay them to maintain her.

This clearly is a case where the girl and her parents are looking for money.

They have now filed a 12 DV Act. What does this mean? my brother and parents have been asked to appear in front of magistrate?

What can me done ? As there is already a annulity and maintenance case going on?

Can someone suggest a better way to get rid of all this problem?

The girl hardly stayed with my parents and brother for 1 month after which her father took her away and she is staying with them since past 4 months.

Also on enquiry we have understood the girl had some medical issues like depression, she used to get fits which was hidden from us.

 

regards

Khusboo.



Learning

 5 Replies


(Guest)

Central Government Act

Section 12 in The Protection Of Women From Domestic Violence Act, 2005


12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.


(2) The relief sought for under sub- section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.


(3) Every application under sub- section


(1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.


(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. (5) The Magistrate shall endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing.

stanley (Freedom)     06 June 2013

google and read protection of women domestic violence act 2005 and you will get your answers . Newtons third law of motion for very action there is a opposite and equal reaction . Divorce = PWDVA

Contest the case .If his wife is a working women than no maintanence .

Manoj Kumar Jain (abc)     06 June 2013

Attend the court and recieved the copy. In the next date you should file the reply. 

Manoj Kumar Jain (abc)     06 June 2013

As per the laws reliefe to the domestic violence effected women only. In the trial if the allgations not prooved  so no reliefe. so contest your case on merits. Court cant not provide final reliefe or maintenance on just mere cooked up story.

DVM RAO (Advocate)     06 June 2013

You have to appear before the Magistrate Court and file your reply with all your evidence.  Once after going through the entire case only, advocate will be able to guide properly.  Please feel free to contact : DVM Rao, Advocate, Hyderabad


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