• Domestic violence act under section 12

Hello sir/mam... 
My case is I am husband and central govt employee and my wife is working in Bank as manager. My net sal is 1L and my wife net sal is 55K. We were married in the year 2007 in Bhopal and shifted to Bangalore and we have been in Bangalore for last 11 years. We have a son of 7 years.

 my wife is short tempered and she does whatever her mother says....and last 3 years so much disputes started and threats from my Inlaws.. they tried separating each other but couldn't succeed...
Because of these issues I and took transfer to delhi last year. Now my wife has filed DV case against me my father my mother and my sister in bangalore. My parents never lived with me.. my sister is happy with her husband in Bangalore only...
Kindly advice what should I do.. I do not want divorce ...do not want family... I just want peace as my father is diabetic and heart patient.. he has seen the notice of court and taking tenshans... Pls advice...Also what magistrate will do..Also last mar 18 she gave one letter to police station about dowry and DV which they closed as NCR...
Asked 5 years ago in Family Law
Religion: Hindu

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12 Answers

Your parents , sister can file for discharge as there is no shared household 

 

2) in order to file Dv case it is necessary to meet 2 requirements domestic relationship and shared household 

 

3) since your parents  , Sister were not staying with you there is no shared household and they are entitled to be discharged in this DV case 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1) If your parents are not staying with your wife than how she can file DV act complaint against them. Ask you parents to narrate whole facts of the case as your wife stayed separately with her parents and not with your parents. So this case also can be closed like dowry NCR.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Hi

First of all if you want peace , ask your wife What She Wants..Why she filed DV complaint.

If can satisfy her need then she may withdraw the case and if you couldn't fulfil her need or reason to file DV then contest the case with your facts and try getting the complaint dismissed.

For safehand ask your parents to disown you on papers NOT EMOTIONALLY  .

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In a DVC Case, the mother and sister can also file counter cases against the daughter in law which will be taken cognizance by the court. 
Alternatively, your mother and sister can also file a discharge petition before the trial court and in 99% of DVC cases, courts will discharge the mother and sister if it can be demonstrated that they are not necessary parties to the case. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Domestic violence FIR can be filed against the family members even if they are not living with the victim of domestic violence that may include parents sister's sister in law brother in law and husband you have to move your petition in the High Court to get order of the High Court on quashing  of the fir or get anticipatory bail to avoid any arrest.

It will be good idea to get anticipatory bail for that you should not be arrested by the police during the course of Investigation and the solution is available only with the high court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Sir,

You have to file a reply for the allegations and most likely if your reply is prominent and you put forth evidences against allegations , the suit may be dismissed.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

See if wife want divorce and you do not want family also then it would be better that you agree for a mutual divorce with wife and she can help in quashing the DV complaint so that there is peace. Further if you do not want divorce then if she file for divorce same has to be contested in the court,

Further more in DV case you can engage an advocate and can file a reply and you have to appear before the court,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you don't want divorce then file Petition for restitution of congual rights in family court to get her back. You need to face the trial in court if she files Complaint of domestic voilence

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

The following FAQ'a will help you,

Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions 



  1. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a? 
    A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

    Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
    A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation. 

    Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a? 
    A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation. 

    Q. My parents never stayed with us. Can she still file 498a against them?
    A. Yes.

    Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do? 
    A. Safeguard yourself, your parents and your relatives.
    1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
    2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
    3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
    4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
    5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
    6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
    7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

More FAQ’s on request.

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609 

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 
Show up a smiling face to them. Your happy face will provide them the strength. 

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do? 
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor. 
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction. 

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution? 
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.

  1. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint? 
    A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).
  2. When station in-charge of police station does not register the case, what can I do? 
    A. You have the below options.
    1) Try to get the reason for not registering the complaint in written.
    2) Approach SP of district. 
    3) Approach media.
    4) Approach local heavyweights, NGOs, human rights activists, etc. 
    5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.

THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA

W.A. No. 401 of 2005

6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.

  1. Is there anyway 498a can be averted at police station? 
    A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Try to settle the matter amicably, with the intervention of some close relatives, keeping in consideration future of your only child (seven years) ,

if failed,

you are advised to contest the cases by engaging prudent lawyer,

you are also advised to file an application on behalf of your sister,father, mother and any other relative, whose names are included in the dv case for getting their names deleted from the case 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hi,

It is suggested that you contest the cases strongly. Using NCR as base and police investigation in your favour, you file cases or quashing the proceedings against your sister and parents. It is expected that you will be able to prove that they did not stay with you in Bangalore. You may also get the case quashed against you, but do it as last step. In the case of domestic violence, the court may pass orders against you for providing her residence, maintenance etc. only after proving of her case and it may take years. It is once more suggested that being bold in all situation will bring you success. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

She is into revenge spree against all of you.

In the DV case, you may ask your advocate to file a petition under section 205 Cr.p.c. to dispense with the personal appearance of your parents before court for the reasons you may rely upon.

Since you do not want to file divorce, petition, you may challenge her false DV case properly in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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