Sec. 31 under dv act

By the way, who filed the divorce, you or your wife?  If your wife filed the divorce, the court will take your antics as your undying love towards her which put you in such quagmire and take lenient view.   Any how, you certainly violated the protection order.  Ample proof is your complaint under S.107/151.  Let your advocate weigh the evidence against you.  Even though in the DV Act, a simple affidavit from the wife is sufficient enough to convict the husband under S.31, if evidence is against you, after consulting your advocate take a pragmatic view of tendering apology to the court with solemn assurance that you will not violate protection order till that order is in operation.  If any other advocate has any better advice, I will be pleased to get enlightened.

Hi,

I had a hearing yesterday, on last date the MM had asked for reply on Sec 31 application and affidavit for assets and income.

For the reply on 31 application I did the following on advice of my lawyer:
- submitted the complaint I had given against my wife's complaint, where I have mentioned that my wife caught my hands while his colleague beat me up. I had also mentioned that I had warned my wife and her colleague to not talk with each other, but they were still doing.
- submitted undertaking by her colleague that from now on, he will not stay in contact with my wife.

However while I submitted this reply, my wife also submitted a CD containing my conversation with IO in CAW, where I was telling the details of the incident, where I had agreed that it was me who had beaten up her colleague and till the time she is my wife she cant talk to anybody without my permission.

My lawyer told me that she will not dare to submit that CD in court, but now she has, he is also telling me that this can be refuted by saying its bogus CD. My wife offered to get it examined by CFL of court's choice.

On my Lawyer's suggestion I also didn't file the income affidavit, he said we can always do that later, first thing is to vacate the restraint order. Judge was not pleased she extended the restraint order and asked us to bring in the affidavit next time.
She has also put the 31 application for arguments on next hearing..

1) I am not sure if I am getting the right advise, Is there a chance that I might get punished due to this CD, as sec 31 under DV also has provision for imprisonment?

2) Will this increase the chances of her wining the DV case?

3) Should I change the lawyer??

Any suggestions/guidence friends.....

Need your help...