• Domestic violence case

Hello Sir/Madam,

I was married in 2012 in Indore(M.P.) and it was an arrange marriage. But from the very 1st day after  marriage my mother-in-law has started scolding me for dowry.At each & every occasion she had demanded cash & gold-silver items from my parents.By the blessings of god,I became mother of a cute daughter in FEB-2014.After that my husband becomes so violent in nature that he has forced me several times to give divorce,when I refuse he and his sister had evacuated me alongwith my daughter from home in just a single pair of cloth.They had not given me even my daughter's feeding bottle and other essential things.

Then I approached to police and filed an FIR against them in NOV-2014..I had filed the case of Domestic Violence in DEC-2014.Since then till date the case has not yet started! The abuser's lawyer keep on asking for time again & again.From the last 6 months they had not appeared even for  a single time and still the court is not taking any action against them????Even in the case of 498A no strict action has been taken against them!!!!When I asked my lawyer about all this nonsense he said that this is the only process of court.I want to know is my lawyer proceeding in a right manner or is there any loophole????Please tell me the exact process of both the cases.This will be my 7th date of DV case in OCT,so please suggest me what action should be taken now????? 


Please help me .
Asked 1 year ago in Family Law from Indore, Madhya Pradesh
Religion: Hindu
1) your lawyer should draw attention of the court to fact that till date your husband has not filed any reply although 9 months have passed .

2) no further adjournments should be granted . you husband may be granted last chance to file reply on payment of costs 

3) court can proceed with hearing of the case and  grant you interim reliefs of maintenance . , protection order 

4) Dv cases take 5 years to be disposed of . inteim maintenance takes 1 year to be awarded

5) 498A cases take between 5 to 10 years to be disposed of . all courts are over burdened
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek reliefs including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders. The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society.

The Protection of Women from Domestic Violence Act, 2005 is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions. 

IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide.   All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. 498A IPC is a pure criminal offence in which punishment is awarded to the offenders. 498A is a criminal offence that came into existence to combat domestic violence and protect women from dowry harassment

Section 498A IPC therefore, provided women with the only means for such protection prior to this Act. But the reluctance of women to approach the criminal justice system and the inadequacy of the criminal remedy itself are important realities of our social context.

In your case the notice was send from the court and counsel for respondents appeared before the court in CV case. If it is a case under 498A, the respondent (accused) bound to take bail. That is the difference here. At the time of giving evidence their presence is important other wise they become called exparty and order passed by the court if you will adduce ample evidence according to your case. Your lawyer is right is at this extent.But your husband must file his counter to your petition before the court.So kindly advice your advocate to press the interim reliefs and draw attention of the court to the above said facts .
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Hi, You don't bother too much about there presence in the court, the notice of the case has been served and they engaged the advocate and contest the case.

2. You have to proceed with the matter in DV case and their personal presence in each day is not required.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. I am not sure whether you have asked for interim maintenance in DV case or not. 
2. If yes then the said order would have been passed by now. If the same is not done then ask for specific reason . if you do not get proper answer then change him with another lawyer.
3. Another option is to file petition in high court for getting direction on lower court for hearing the case within a time frame preferably within 2-6 months.
4. In 498A case causing arrest is almost stopped. So I do not think your would desired result in the case unless after trial they are convicted.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Please check whether the Respondent has filed the detailed Affidavit and reply to your petition. On the date of hearing in the month of October, ask your lawyer to make prayer before the Hon'ble court for grant of interim relief. The calculation for interim relief would be from the date of filing petition under D.V. Act and you will be getting arrears accordingly. As regards to case under Section 498A, please confirm whether any arrest took place or otherwise. It all depends upon the IO and its conclusion is time consuming process.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
If they have filed the  counter  the trial will begin, but if they are dodging  to file their counter version in the DV case,your lawyer may insist and put pressure before court to direct the respondents to file the counter.
If you suspect your lawyer, you may   better change him than to cling on to him with suspicious psychology. You may ask him to file interim maintenance also.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. It seems that your legal representation is not up to mark. If they are not turning up in the court there are lots of ways to compel them to do so. The court can issue a warrant of arrest against them to ensure that its orders are carried out. In domestic violence cases the courts do not give such latitude to the accused except if there is a waiver by the wife or shoddy legal representation.

2. Ideally speaking, it should be a warrant of arrest now. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) it is surprising that even if after 7 adjournments the respondent has not filed reply and court has granted further time 

2) your lawyer should have opposed application for adjournment 

3) your husband must be filing Income tax returns . Make application. To direct husband to file 3 years Income tax returns 

4) if your educational certificates are not being returned file police complaint against your husband in this regard 

5) RCR is useless . Even if your husband obtain decree of RCR he can't force you to stay with him 

Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
In the interim maintenance the husband may claim that he is an employee but if you can prove that this is the family business and the income derived out of it is for the entire family and your husband being a member of the family, he derives an income of ..........out f it, hence he is liable to grant you maintenance to the extent you have sought. Let him deny or give a reply accordingly, you may remain firm in your claim. 




My husband had filed sec-9 against me,what are its pros & cons???Does it create any effect on my case??

He can file RCR or anything, you discuss with your advocate and challenge it on the basis of merits in your side, why do you worry about pros and cons of it.That has got no concern with the DV maintenance case.

For recovering all your articles including jewels and educational certificates, you may file a petition under section 27 of HMA as an IA in his RCR case itself. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
For returning the certificate immediately file a complaint before police station for getting he same.Do you mean your filed a petition for Restitution of conjugal rights?

The fundamental rule of matrimonial law that one spouse is at liberty to the society and comfort of the other spouse, forms the foundation of the right to bring a suit for the restitution of conjugal rights. The court has the duty of granting a decree for restitution in the cases where either spouse has abandoned or withdrawn from the society of the other.

The prime objective of section 9 is to preserve the marriage.It is the policy of the Act that the parties should live together and assist in the maintenance of marriages. By enforcing cohabitation, the court is serving this purpose of the Act.section 9 said tries to bring the parties together. Whether to grant restitution decree would be just, fair and reasonable in the facts and circumstances of a given case is left to the court to be decided in its judicial discretion. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society.Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other.The court will normally order restitution of conjugal rights if:
i. The petitioner proves that the respondent spouse has without reasonable excuse withdrawn from his/her society
ii. The statements made by the aggrieved spouse in the application are true, and
iii. There is no legal ground why the petitioner’s prayer should not be granted.
The court can pass a decree for restitution of conjugal rights and order the erring spouse to cohabit with the aggrieved spouse. Also under the Indian law a decree of restitution of conjugal rights can be executed by attachment of the respondent’s property. But it is to be noted that the court cannot compel the defaulting spouse to physically return to the comfort-consortium of the decree-holder spouse.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0