• Filed 498a and DV

Hello Respected advocates, I was tortured and thrown out of my in laws house when i was 5 months for dowry pregnant. However till my baby was born my in laws and husband kept telling they will come and take care of me n baby but later they absconded by switching off phone and locking home. Then i filed 498a and DV case as per our advocate advice. Chargesheet is getting completed but however in DV case they are not attending and he is made expartite and sent for plaintiff evidence. I am tired of this now, there is no justice for women. I will never get justice, they have taken AB and happily staying. I feel the law doesnt support women. What else i can do?
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

1) dowry harassment cases take 10 years to be disposed of 

 

2) if prosecution are able to prove allegations made your husband and in laws would be convicted of offence 

 

3) In DV case you should get maintenance, alternative accommodation and compensation for mental torture undergone by you from your husband 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

- Firstly , you should have faith on the judiciary , which runs under the rules framed in the Parliament. 

- As per the Supreme Court , if accused are joining/supporting the police investigation , then they can get AB from the Court, and that may be reason to get the same by your husband & inlaws.

- After filing of the Chargesheet in the case , they will have to appear before the court on each and every date of hearing , otherwise NBW will be issued and surety will be cancelled , and further you will be given full opportunity to prove your case, and to punish the culprit . 

- Under Section 498 A IPC- Whoever being the husband or the relative of the husband of a woman, subjects wife to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.

- Hence, if you will succeeded to prove the dowry cruelty against them , then will go behind the bar.

- After your evidence in DV Case, Court will pass Decree in your favour, and by that decree you husband will have to pay you demanded maintenance along with residence and other amenities demand by you in your case. 

- Dont loose your hope.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Your impatience is going to cost you dearly.

You appear to be interested in punishing them alone and not looking for solution or relief.

Your case is already at the evidence stage, after that the court will pronounce judgment.

You can initiate further action as per law after the judgment is pronounced in the DV case.

They can very well be enlarged on bail hence there is nothing illegal about it.

When the 498a case is coming for trial you can give the evidence very strongly agaisnt them to ensure they are punished.

Why do you become tired when you are not required to attend court for the criminal case trial.

You be in touch with your advocate regularly.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

How do you know that they told police ton file charge sheet soon and that they are not law abiding people.

If not then they would not have taken bail also.

The laws are favoring women only hence your frustrations are unnecessary  or it do not have any answer in law

Have patience.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

See if they are not attending court after getting a Anticipatory bail and not adhering to condition of the bail then in that case you can file for cancellation of bail. Secondly you can also proceed ex-parte submit your evidence and court may pass order against them. See you proceed with your cases if the cases are genuine and you have witness and evidence to support same the court may pass order in your favor. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you will not suffer you can seek maintenance and can contest your cases strongly, the court proceedings may take some time tough you will get justice. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Law supports woman and you can seek execution of the DV order. You can also file crpc 125 maintenance application and also seek trial in your 498 A case it will take time but if you have proper evidence then it will be taken into consideration

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1. Before complainant evidence the court has to decide the application for interim relief in DV case. Why has the court not done this?

2. If the application for interim relief is not being decided then you should press the application, else approach the High Court to direct the trial court to decide it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Madam,

You and everyone on this earth deserves due respect and you will get due justice. You are suggested to consult your advocate and get the necessary formalities done in regard to cancellation of bail/maintenance etc.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Madam,

You need not frustrate. You may rely upon the following provisions of law and give representations to the concerned Presiding officer/Judge, the Hon’ble Prl. District and Session Judge, Bengaluru Urban District, Bengaluru – 560 009 and also to the Registrar Vigilance, High Court of Karnataka, High Court Buildings, Bengaluru – 560 001. In your representation you must state that no interim maintenance was granted to you inspite of so many months and when it is supposed by law to pass orders within 60 days.

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If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six  months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:

  1. Application to Magistrate.— D V Act
  2. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

 

  1. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

 

  1. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
  2. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
  3. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

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In case of Divorce also Six month outer limit is provided under law:

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

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It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..

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Law deadline 60 days, cases stretch for years

AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.

The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.

The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.

Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.

In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.

Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.

The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.

Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.

Times View

The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Dear Madam,

1. file an intervention petition in the high court objecting the bail to him
2. apply pressure to the police to start with investigation
3. engage a good advocate familiar with the family laws so that he handles all the cases effectively

Since you have details of their income, you would be aware of their place of business or place / department of service if they are in service. You can get their address details from these places or from other relatives / friends.

For maintenance, you’ll have to obtain the order of the Magistrate, either under the Protection of Women from Domestic Violence Act or under Section 125 of the Criminal Procedure Code. The court may also order interim maintenance, during the pendency of your petition.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you should get justice . but litigation is long drawn and expensive proposition in india 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Ex parte good for you. Court may have ordered interim maintenance under DV petition. File execution petition to recover that. Court will order arrest if not paid.

Let the charge sheet file, they only will suffer.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Best way to hit them monitoring by filling Civil Maintenance under Hindu adoption and maintenance Act and claim share in property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

 4981. Law is not for supporting or opposing men or  women. It is for giving justice as per law.

 

2. They have taken AB since they the right to stay free till they are punished after completion of the trial which has not yet started.

 

3. The 498A case is waiting for the charge sheet by the IO after which the evidence will start.

 

4. Your DV case has gone ex-parte in your favour which you should pursue carefully to ensure that you can get favourable order punishing him. 

 

5. All the legal, things appears to be in your favour now for which your allegation that there is no justice for women requires to be reviewed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Your objective is to get justice as pee law or to put them under pressure or ensure that they do not get AB?

 

2. Since they are telling the police to submit the charge sheet, it might be that they have developed rapport with the police and shall manage to get a compromised charge sheet with lots of loopholes by payingb bribe to ensure that they can get the FIR quashed by the High Court by filing petition u/s482 of Cr.P.C. based on the loopholes to be purposely kept by the police IO in the charge sheet to be filed by him.

 

3. Meet the IO at the earliest to ensure that strong and perfect charge sheet is filed by the IO before the Court to ensure that they are weel booked by the police.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You should also file maintenance case for your child and yourself. 

2. If order of maintenance case comes in your favour and your husband doesn't at maintenance then his properties can be attached by execution petition and he can also be sent to judicial custody.

3. You should stay strong to go for legal fight as it takes time to get justice in India. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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