For DV case it is necessary that there should be domestic relationship and shared household
2) file appeal against impugned order rejecting application fir deletion as sister ,parents do not stay with you
3) there is no imprisonment
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
False DV case by wife - possible worst outcome
Hello Lawyers, Hope you are well. Thank you for all your help. Apologies for the long message. Thank you taking time to read and respond. My Story: Married in 2011. Separated since 2017. I live in US. Wife lives w son in India since 2017. I filed for divorce (HMOP) in India in Jan 2018. Wife filed MC, DV (against me, my parents, who live in India and sister, who lives in US) subsequently. We requested for my parents and sister to be removed/deleted from the case, as my wife never lived with them. But our CMP was dismissed. Lawyer says that could be because this was the first time lower court judge had to decide on this. Previously deletion/quashing was done in the high court. We still don't have the order. My lawyer is confident that we will win the DV case. I am little skeptical as the judge dismissed the deletion plea. Also, wife's lawyer is aggressive. They could bring fraudulent witnesses/evidence. Questions: 1. Why do you think the lower court judge dismissed our deletion plea ? 2. Should we appeal to the high court and request to remove/delete parents and sister? 3. If we appeal to the high court will the trial continue in the lower court? 4. If we lose the case, will there be any jail sentence? 5. If we lose the case, what will be the maximum financial relief? Thank You Here are the details in the DV case application: ----------------------------------------------------------------------------------------------------- "Application Under Section 12 of Protection of Women from Domestic Violence Act, 2005". 2 a) Pass Protection orders under Section 18 - Yes 2 b) Pass Residence orders under Section 19 - Yes 2 c) Direct the first respondent to pay Monetary reliefs under Section 20 - Yes 2 e) direct the first respondent to grant compensation or damage under Section 22 - Yes 2 f) Pass such interim orders as the court deem just and proper - Yes 3 Orders Required I. Protection order under section 18 "Yes" for all other items in this section II. Residence order under Section 19 "Yes" for all other items in this section III. Monetary Reliefs order under Section 20 - Total - Rs. 75,00,000 IV. Monetary relief's order under Section 20 - Total - Rs. 1,00,000/- pm VI. Compensation Order under Section 22 Compensation claimed by the petitioner - Rs. 2,00,00,000 Details of pervious litigation: (b) - Under Code of Criminal Procedure - Petition under Section 125 of Cr.P.C pending before the Family Court - Under the Hindu Marriage Act, 1956 - 1st respondent has filed a Divorce Petition ----------------------------------------------------------------------------------------------------- She has mentioned dowry in the affidavit, but not in the DV application.
Asked 3 years ago in Family Law
Religion: Hindu
7 Answers
Any proceedings under Protection of Women From Domestic Violence Act, 2005 against relatives of husband are illegal. Under the Act, “aggrieved person” means a person who is or has been in a domestic relationship with respondent. “Respondent” means any adult male person who is or has been in a domestic relationship with aggrieved person and against whom the aggrieved person has sought any relief. The wording of provisions is very clear, the respondent is only husband and not relatives. File a revision in Court of Sessions to remove all relatives as the Act does not contemplate any proceedings against relatives. It is a matter proper interpretation of provision and appropriate presentation to the Court.
- Lower Court did not appreciate the provisions of the Act.
- Appeal against order of Court of Magistrate is not provided, file revision in Sessions Court.
- You can seek and will get stay of proceedings in lower Court pending decision of revision.
- Under Section 31 of the Act, in case order of Court is violated, the respondent is liable for imprisonment up to one year.
- It is description of Court to grant financial relief.
You need to contest DV case on merits. You can take anticipatory bail if any non bailable offense is filed against you. You can go for quashing if the matters are Baseless and you have evidence
1. Without knowing the contents of the petition filed by yor lawyer and the order copy, no opinion can be rendered in this regard.
2. If you feel that the reasons stated by you are very strong and justifiable then you can prefer a revision before the high court in this regard.
3. Yes, until there is no stay order, the trial court will proceed with the conduct of the case.
4. No.
5. You will find the same in the orders passed by the trial court.
1.If you have move an application for deletion of names of parents , then the court is bound to pass its order after taking the report of the protection officer.
2. Yes, if the family court reject the application moved by you for deletion then you can approach the high court against that order and for relief.
3. Yes , however you can pray from the high court for an stay of the proceeding in the family court, till the period of the disposal of the appeal .
4. No, only in case of non payment of decretal amount , there may be sentence
5. That will depend upon you income .
Request you to please share copies of all the documents and also the order passed by the court where in your application for deletion has been rejected.
it seems that you have a good case but we will only be able to give any concrete advice after reading all the documents since your case is already pending in the court of law.
regards
Dear Client,
You may appeal in Higher Court for squashing and if you appeal to the higher court , a simultaneous case will not continue in the lower court having same subject matter.There is high probability that an order for upto 3 years or more judicial custody/ jail with fine may ensue as a result of losing a domestic violence case.
Thanks & Regards
