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sanjeev pawar (service)     18 July 2012

What are the exact events that take place in case dv filed

dear members,

my wife, through her lawyer has threatened to file a DV and dowry harrassment case against me and my family members, if we ask for forgiveness from her for the alleged harrasment meted out to her, and take her back(she left on her own) or pay rs 12000 as maintanence. now i am expecting a false dv case on me and my family members. i request you to kindly guide me on the following points.

what exactly happens when DV case is filled (wife in other state) does arrest take place?

are the family members put behind bars ? do i need to arrage for bail?

for the charges of harrassment, how does the wife prove it, i mean, is it taken orally without any backing?

can i seek exemption for my parents, they are too old to travel to another state.

how is the best way out of a dv case, please suggest.

i will indeed apprciate your kind help

thanks



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 July 2012

Itz just like a criminal miscellenous case, you don't have to worry of arrest.

SRISHAILA.DHARANI (Advocate&consultant)     18 July 2012

Take anticipatery bail in respect of all your family members.Attend all the hearings, as it is  a criminal peoceedings.Engage a good criminal lawyer who has speacilsed in these proveedings.Keep all correspondence happend between you and your wife.Dont use harsh language.Transfer all the money and property to your realtives,to whom you are confident.

Be confident , brave and face the situation.There is no need to panic, as it is a normal criminal proceedings.

srishaila,bangalore,9741425514,sdharani120@gmail.com

Adv Archana Deshmukh (Practicing Advocate)     18 July 2012

As said by Adv. Rajeev, it is a criminal miscellenous case, so there is no question of arrest and bail. However, do not take it lightly and engage a good lawyer to contest it. Interim relief can be passed on the affidavit of the wife, if the court is satisfied.


(Guest)
Originally posted by : Adv Archana

As said by Adv. Rajeev, it is a criminal miscellenous case, so there is no question of arrest and bail. However, do not take it lightly and engage a good lawyer to contest it. Interim relief can be passed only on the affidavit of the wife, if the court is satisfied.

Wrong, 

 

Warrant will be issued for non attendance by magistrate.

 

Attend all dates, transfer all property money to relatives, you will need those.

 

Any date if you do not attend will cause warrant issue and further not attending will only cause NBW.

 

Arrange for anticipatory bail in advance.

 

Consult good lawyer who is quick.

Adv Archana Deshmukh (Practicing Advocate)     18 July 2012

@Sujay,

Plz get your basics right about dv act from some good advocate before proceeding to judge the replies as right or wrong. 

I did not tell him that its ok not to attend the court. Its the discretion of the court to insist upon the attendance of the respondant or not. If inspite of the directions from the court to remain present, the respondant remains absent then only the court resorts to coersive means otherwise not. An application under DV Act is not a non-bailable offence to arrange for anticipatory bail in advance. The opponant is not an accused unless he commits breach of protection order passed by the court and only in that case the offence becomes cognizable and non bailable u/s. 31. 

mohan (Engineer)     18 July 2012

Dear Madam Archana can you suggest some thing to my query? Thank you..

Discussion > Family Law > Need help  

Tajobsindia (Senior Partner )     18 July 2012

@ Author of the post,

When a DV Complaint is filed and gets admitted following things happen;

1. Issue Service Notice on payment of Court Fees by all service modes attaching copy of Complaint to arrayed Respondent(s) via Jurisdiction PS. on next date of hearing is announced in days Order sheet.
2. DIR copy is sought from
PO
(if not already annexed with service Notice) on next date of hearing is announced in days Order sheet.
3. If you are Respondent 1 then on first date of hearing you should be present and or with an exemption application your pleader should mark presence and take on your behalf leave of the Court on this date. If no complaint copy annexed and you / your side simply received Notice Form only then you / your pleader after marking presence can ask for Complaint Copy and next date of hearing is announced in days Order sheet.
4. Same date if family members who were also arrayed then they are required to be present and or showing sufficient cause with an exemption application a pleader should mark their presence and take leave of court on their behalf and same gets noted in days Order sheet.
5. After above preliminary submissions either sufficient time should be sought by your side for filing written statement and or preliminary objections filing as the case may then be or same is filed on this date by your side with copy supplied to applicant wife / her side and next date of hearing gets announced in order sheet.
6. On next date oral arguments happens and if she is entitled for prime facie reliefs (protection orders) are granted. OR if there are preliminary objections filed by Respondent(s) side same are prime facie argued and reliefs are granted accordingly.
7. If your side are dissatisfied on this dates proceedings then Sessions Court is appellate Court and stay / set –aside of lower Court preliminary Orders are prayed for.
8. I agree to second reply of Archana, Adv. on warrant etc.
9. I disagree to hyper active hurried response of Sanjay / Dharani as generic repliers.
10. I agree to short and sweet response of Rajeev, Adv.
11. Rest replies I have a right to ignore due to paucity of time in summarizing Igyan
J



PS.:-

A.
Once you cross understanding above suggested first stage and still face some issues come back and further Igyan may be shared in due course of time.
B. There are various thoughtful Igyan discussions on DV Act here in Family Law forum's past several posts, suggest to review them before asking next set of questions just tomorrow!
C. Internet legal discussion forums expect few basic self -help / self - study from queriest too for matiching subject experts and queriest wavelength.


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