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dhiraj (Team Leader)     07 February 2013

Wife filed domestic violence case

hello

 

What actions can be taken in DV case? i got summons on my name and for my parents. Is it necessary that we all i mean me my mom and dad has to be in court for hearing? she already has filed 498 and 125. we got anticipatory bail in 498 and 125 still its on hearing dates no judgement has been placed yet. pleae guide me what steps shall i take to protect myself and my parents because all the allegations are wrong and we are been harrased this way. 

Waiting for you kind replies.

 

Thank You



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 February 2013

Appoint the lawyer to defend your case.  You all need not apper before the court.

Adv k . mahesh (advocate)     07 February 2013

who had taken care to approach court for bail the same lawyer can attend on you behalf everytime and he will guide you when you should attend in the court.

dhiraj (Team Leader)     07 February 2013

Thank You for your kind and quick replies

 

I dont have any problem being appear in the court but the basic thing is i am in Ahmedabad (Gujarat) and she is from Surat (Gujarat). i already have the 125 maintanance case running for which i need to visit the court on specific date every month the same way for the case of 498 the chargesheet has not filed and we got anticipatory bail so me and my parents have to visit police station evey first of the month. we are already going to surat twice a month now this is the 3rd case she has filed. I am loosing my patients now because i am working for a pvt company and taking leave 3 days a month its quite next to impossible plus the same time my father has a business of Medical Store even he has to keep his Shop closed so at the end the people who are in loss thats me and my family. Is there someone here who can help us..

stanley (Freedom)     07 February 2013

you can seek exemption from the court for the Dv case and your lawyer can attend the same . Your lawyer would be able to convey to the court as and when you are needed .

dr g balakrishnan (advocate/counsel supreme court)     07 February 2013

sir, understand your problems. when the new court summons first you need to attend with your lawyer who will file your problems for exemption of appearance every time you are called but you shd be ready to attend when court needs your appearace that yu cannot deny. so in your application before the court please mention all cases filed against you. that will assess your case more sympathetically, mention in your appication neither you nor your parents caused any domestic violence  but court will not agree that is called investigation by investigation authority called police.

It is always important when married with a girl please ensure there shall not be any violence at all if you do not want to patch up go for mutual divorce but sincerely try to patch up tat is wisdom. 

Life is not money to neither spouses. Life is a boat in turbulent watters of life that both shd manage instead of harassing each other. if that philosophy sets in married life, there will be no trouble. marriage is supposed to decided in heaven means both need to take the load maningfully  and marriage is not a s*x alone but something much higher than that, if spouses realize life is simply great!..dr g baakrishnan advocate High court of Bombay (original side)

dr g balakrishnan (advocate/counsel supreme court)     07 February 2013

one more thing mr dhiraj, 

Marriage is a meaningfully agreed negotiated settlement that meaningful negotiated settlement is for life arrangement.  I realized in my 50 +yrs of legal practice.regards. dr g balakrishnan

dhiraj (Team Leader)     07 February 2013

Thank You So Much For Your Kind Reply...... dr g balakrishnan

 

i understand what you said but the fact thing is me and my family are ready for the mutual divorce but they are demanding for a big amount of money which is quite next to impossible for me. we didn't do anything wrong whatever she is doing its coz she has lot many wrong things at my house now she dont want to face it. our marriage didn't even work for 6 months. we got married on July 10th 2011 and she went back to her parent's place on Jan 8th 2012. out of these 6 months she didn't even stay for 3 months at my place she went for her exams and all. I already lost my job once because of her. She likes to make TAMASHA every now and then she came to my office created a big drama and i was been fired coz of all this. now again coz of all these i will be loosing my job. If court expect me to give her maintenance or whatever she is asking for i need to earn If i am not earning how someone expect me to pay.

SRISHAILA.DHARANI (Advocate&consultant)     07 February 2013

1.Engage a good lawyer who is experienced in these type of matters and rest he will take it further.Nopbody needs to appear before the court.

2.Dont worry about your parents.There is umpteen number of judgments, as to the wife can ask the reliefs only against the husband and not against the parents of the husband.

srishaila,9741425514,bangalore,advocate,sdharani120@gmail.com

ANAMIKA VICHARE (LAWYER)     08 February 2013

If all the three matters are pending in one court...then you all can attend...if DVA is another court and 498A in another court....then DVA need not be attended, can be attended by lawyer only.....

 

even in 498A you can seek permanent exemption from atttendance for both of your parents n you can also remain absent on some occasions for valid reasons n by making application [by lawyer]...

 

first of all go for counselling [yr entire family]...then everything will be easier

 

Anamika Vichare

anamika_vichare@rediffmcail.com

Family Court Lawyer, Bandra

Manoj Kumar Jain (abc)     08 February 2013

For better fighting in DV there should be  need to attend the court after missing two dates. 

Never Give Up (Fighter)     08 February 2013

For DV and 125 cases your advocate can represent you. No need for you / your parents to come to Surat.

 

Attend 1-2 dates of 498A with parents and then it is normally allowed if you only attend the case and put exemption application for parents. So you end up in having to put only one leave in a month.

 

BTW is your 498A running in Surat ? Which case in which court ? Lets discuss via PM.

 


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