• My husband ran away from house after receiving DV summons

Hello sir/mam
I am married since may 1992. I have 3 children. 2 daughters of 19 and 24 years old and one son of 15 years old.From the first day of my marriage my husband harass me for each and every single thing. My in laws do not live with us but my husband talks to them on phone constantly and they ask him to beat me and my children and leave me.He gives me merciless beatings.On 9 april 2016, he gave me and my daughter merciless beatings due to which 2 MLRs were registered. I wanted to file case against him but my parents stopped me.My husband ran away from house and after 1 week he came back with his brothers and a panchayat was conducted and in 'rajinama' he agreed that he has beaten us and assured that he will not this ever again and came back home but he continued the same acts.He has ran away from house 3 times previously. My daughter is very brilliant student and was preparing for NEET exam but last year my in laws and husband tortured her very much that she is suffering from extreme depression. They even stopped her from appearing from neet and aiims exam due to which my daughter filed DV act 2005 against my husband and in laws under section 12.
after receiving summons my husband ran away from house. His phone is switched off. My daughter contacted her lawyer but he said that we cannot do anything against him and his family. I even filed FIR against him but they too said that they cannot do anything.My in laws do not live with us but they are involved in this. All say that we cannot do anything against in laws because they do not live with us .
sir please help me....
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1. If the husband is running away from summons then the court can pass order ex parte .

2. In the criminal case also if FIR is registered and the accused person is absconding then also the police can issue LOC and the court can declare as proclaimed Offender.

3.If he is working the police can raid his place to work to arrest him.

If the police is not doing this work properly you can file writ petition agaisnt police inaction.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1) no DV case is maintianable against in laws as there is no shared household

2) in order to come within ambit of DV act it should satisfy 2 requirements 1) domestic relationship 2) shared household

3) in present case since in laws do no stay with you ther is no shared household and no Dv case is maintinable against them

4) however complaint under section 498A is maintainable against husband and in laws for continuous acts of cruelty

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

you can rectify the rating by informing kaanoon .com

2) no DV case is maintainable as in laws are not staying with your daughter

3) against husband DV case is maintainable

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

If the in laws have not any wrong which seems apparent then they should not have been made party. Remove their name as this damage the merit of the case otherwise.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Dear Querist

your daughter filed the case against your husband as he has domestic relationship with your daughter and reside in the shared household but the in-laws can not be a party in domestic violence case as they are not in the domestic relationship with your daughter as they are residing separate.

but your daughter may filed a civil suit for permanent injunction along with an application for temporary injunction Under Order XXXIX Rule 3 of Civil procedure Code-1908. against them before civil court and can get an restraining order against them. if they do any acts against the will and wish of your daughter then they can be prosecuted for contempt of Court as per Order XXXIX Rule 2A of CPC.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

You and your daughter can cl;aim relief agaisnt him under domestic violence action as well as you can file a maintenance case under section 125 cr.p.c. separately.

You can get a bailable warrant agaisnt him if he is evading receipt of summons or avoiding the same.

If you are confirmed that your in laws are involved in the violent activity of your husband, you may name them also i the DV case even if they are living away from you, but you can state that it is under instigation and ill-advise that your husband is behaving this way.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

my daughter's lawyer has filed DV case against my husband and in laws both. Is this wrong?

If yor daughter is aggrieved by the acts of her father and his parents/close relatives, there is nothing wrong in your daughter seeking help of the court legally as per provisions of law for relief and remedy.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

You can seek help of district legal aid centre if you are unable to afford legal fees

2) file application under section 125 cr pc and seek maintenance from husband

3) merely because your husband is allegedly suffering from depression will not go against you

4) you cannot be blamed for his mental health problem

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

1. I am afraid that even if he is brought to court, he cannot forcibly made to pay any amount to you immediately without a court order.

The court will pass an order only hearing both the sides after conducting trial.

Therefore please be informed that just filing a case before court you will not immediately get the reliefs sought.

The procedure which is common to all has to be observed, one has to undergo different phases of the case during trial, and after final judgment too, the aggrieved party will approach the appellate court and may obtain stay of operation of the decree/judgment passed agaisnt it.

Therefore you have no other option than to wait and endure the situation.

2. About his medical ailments if he says before court that he suffered this problem due to this then it becomes is duty to prove that he suffers from this ailment with medical examiner's prescription and treatment particulars and cross examination of the doctor treated him for the disease.

But dont allow all such gimmicks to deter your determination of fighting back seeking justice.

The hurdles what you have mentioned are common which have to be overcome since you have decided to fight the legal battle till the end to get justice and remedy.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

1. You may wait and watch for him to appear before court on the date of hearing, till then you may remain calm.

2. In such a development you should deal with him diplomatically so that he does not run away by torturing you more.

3. In the first hearing, if he appears before court, the court will not force him to go to your house, it may follow the procedures of law for this, and ask him to file counter to the petition on the next date of hearing.

4. It is 'restitution of conjugal rights' filed by an aggrieved spouse agaisnt his/her spouse.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

1) you should act as per your lawyer advice

2) if your husband threatens you record his threats and file police complaint of criminal intimidation under section 506 of IPC

3) if husband does not come at first hearing but is represented by lawyer then his lawyer will seek time to file reply

4) court will not force husband to return to matrimonial home

5) section 9 of Hindu marriage act is for restitution of conjugal rights

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

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