Dv case guidline
Anant
(Querist) 19 December 2014
This query is : Resolved
Hi expert.
You are requested to provide your advice on following points
After her first desertion i had sent legal notice to her to join, on that she joined me after two months.
We leave in rented home for six month away from my parents. again she deserted and her desertion is continued
In her application she have hide her second desertion and filled DV on basis of first desertion and attached my legal notice to her DV application.
The DV case is filed under pretext of false allegation of giving dowry & gold in marriage, thrown out for dowry demand, visiting my place (which she did not) and me not allowing her entry in house.
My lawyer has put up very weak argument in WS. There are very important points that he did not highlight. My lawyer also hide her second desertion and stay in rented home. I request him to add these points, but he told me that this point will backfire on me and domestic violence will be proved. Is there any way where I do not disturb him at the same time convey to the judge that I want to withdraw WS and file fresh WS.
or any provision to file another WS in addition to first WS
Is there any provision to approach high court instead of session court in case to challenge the interim order of trial court.
On her false allegation can I file defamation against her? what is right time to file the same?
Is it reasonable to file DV on her by mother/sister?
Is it reasonable to File DP 3 on her?
Please provide your valuable suggestion on above points.
Thanks and regards,
Victim of DV
Dr J C Vashista
(Expert) 19 December 2014
Vague query, it would be inappropriate to provide any opinion/comments and/or advise on the complaint or its reply without going through its contents, contention and strategy adopted by your lawyer to defend your case.
It is better to have faith in your lawyer, otherwise change him/her.
Guest
(Expert) 19 December 2014
Mr. Anant,
You seem to give much importance to her second desertion. Any reason for that and how that point can prove helpful in your case, can you make it clear?
Secondly, you stated, there are very important points that your lawyer did not highlight. Can you mention what are those points, which you consider important and your lawyer not?
Thirdly, can you also state that dv could not happen during her second desertion and stay even in rented home?
Your unstable thinking about withdrawing WS and then filing fresh WS, or to file another WS in addition to first WS, or to approach high court instead of session court, gives ample indication about fickle and impatient state of your mind, which I can guess is the actual reason for desertion of your wife even for second time.
In fact your lawyer has wisely avoided to make a mention of 2nd desertion and has rightly made you aware that the event will backfire on you and domestic violence will be proved, rather in my views, even if indicated by your wife's lawyer that can prove to be fatal in your case.
A pertinent question can arise, when you shifted in a rented house to live separately from your other family members, why there was a chance for your wife to desert you again. In that case, can you state, what would be your defence and how your lawyer would be able to help you?
However, if you feel that you are more capable to put your line of defence, better try your luck by fighting your own case with the permission of the judge.
Devajyoti Barman
(Expert) 19 December 2014
You can file a supplementary affidavit to explain the left put portions or seek amendment. Amendment in PWDV proceeding is permissible.
No defamation case lies against the false allegations and appeal lies in sessions court not in high court.
Reasonableness has no place in criminal prosecution.
Nadeem Qureshi
(Expert) 19 December 2014
Dear Querist
I want to withdraw WS and file fresh WS.
or any provision to file another WS in addition to first WS
Opinion: There is no provision for additional WS, you may file an application under Order 6 rule 17 of CPC for amendment of the WS.
Is there any provision to approach high court instead of session court in case to challenge the interim order of trial court.
Opinion: No there is no provision in Law to file an appeal before HC against the order of the Trial Court. Only appeal u/s 29 of D.V. Act will lie before session court.
On her false allegation can I file defamation against her? what is right time to file the same?
Opinion: When you get an acquittal order after that you may file the same.
Is it reasonable to file DV on her by mother/sister?
Opinion: It may be possible.
Is it reasonable to File DP 3 on her?
ajay sethi
(Expert) 19 December 2014
agree with Mr Barman .
Rajendra K Goyal
(Expert) 19 December 2014
Agree with the expert Devajyoti Barman ji.
V R SHROFF
(Expert) 19 December 2014
agree with Mr Barman .
must agree with ur adv or just change
no rule of cpc / crp c strictly on dv
so try
magistrate hv liberal power, irrespective of cpc/ crpc
malipeddi jaggarao
(Expert) 21 December 2014
I too agree with the advice of expert shri Barman.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
The advise of expert Mr. Barman seem to be appropriate. You can go for an additional statement but in DV case, since you are required to file only counter, you may not be allowed to file an additional counter, instead you can file gather all the left information and put them in your chief evidence deposition.
