Query regarding court case
Renuka4291
(Querist) 12 January 2018
This query is : Resolved
Hello experts...
I have posted an query regarding harassment by husband earlier. I got very usefull views from you people about it.
Now my query is i hav appointed a lawyer for my case and told him my whole story. He suggested me for DV case but the problem is i never stayed wid my in laws so their is no domestic relationship between me and them. But they have assulted me over phone and face to face thrice when they came here to meet me. So my query is how to take action against them.
Vijay Raj Mahajan
(Expert) 12 January 2018
You're right if you haven't lived in domestic relationship with the parents of your husband, any complaint for domestic violence will be dismissed by the court, rather you can be prosecuted for defamation by them for filling false complaint against them.
It so happens when you engage junior advocate for cases they misguide and put you in trouble.
Kumar Doab
(Expert) 12 January 2018
It is easy to allege and not that easy to prove or convince court.
Try 2nd opinion from a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record......
A counsel worth his/her salt desists from rendering misleading advise.....hollow claims..
Sudhir Kumar, Advocate
(Expert) 13 January 2018
Not able to agree with above views
definition of Domestic Violence is much more than [physical violence. It covers mental harassment as well and creation of conditions compelling bride to leave husband.
Vijay Raj Mahajan
(Expert) 13 January 2018
Domestic violence complaint against the respondent who has lived in domestic relationship with the complainant. No one is denying definition of domestic violence here, only thing asked if such complaint can be lodged against person with whom the complainant never lived in domestic relationship, if she has not than she cannot make complaint against them. This one of the drawback in this Act pointed by courts in India.
I'm in no mood to provide wrong information or guidance to anyone as I'm in the legal profession for last 34 years not just reading newspaper and making comments here.
Renuka4291
(Querist) 13 January 2018
Thank you for your suggestions...
Actually i only stayed with my husband not with in laws and they are the one who are influencing my husband to leave me. Now my husband is not keeping me with himself he have deserted me. Now i have no place to go. My lawyer said we can put a case of DV on him but can�t do anything against in laws but i want to include them also because they are the one who are interfering much. Also I want to know if i put complaint in CAW cell and my husband does not appear there then what could be the next step. I will get maintainanc through Army act i.e 22% of his pay , but what about accomodation?? Can i get accomodation under DV case apart from this 22% maintainanc
Dr J C Vashista
(Expert) 15 January 2018
@ Renuka,
You are complicating and confusing your question for which you have to decide either way resultantly you can not enjoy your married life with your husband as well as in-laws.
However, you should seek second opinion from a local prudent lawyer before taking any step.
Kumar Doab
(Expert) 22 January 2018
You are which spouse; Husband or Wife
LCI Expert Mr. J.C.Vashista is from army background and may agree to help you.
If you wish you may get in touch with him.
He has posted for you in threads initiated by you..
You are already apprised of some provisions of Army Act
Kumar Doab
(Expert) 22 January 2018
Other threads posted by you;
http://www.lawyersclubindia.com/forum/Harassment-by-husband-158350.asp
http://www.lawyersclubindia.com/experts/Harassment--669556.asp
http://www.lawyersclubindia.com/experts/Neee-releif-669426.asp
http://www.lawyersclubindia.com/experts/Query-regarding-court-case-668331.asp
http://www.lawyersclubindia.com/experts/Harassment-by-husband-668126.asp
You seem to have gathered info from perspective of Husband and Wife ..
Ms.Usha Kapoor
(Expert) 29 June 2018
Agree with Vijay Raj Mahajan and Kyumar Doab.
Ms.Usha Kapoor
(Expert) 05 July 2018
Agree with Vijay Raj Mahajan and Kumar Doab.
Ms.Usha Kapoor
(Expert) 12 July 2018
QAgree with Vijay Raj Mahajan and Ku8maqr Doab
Ms.Usha Kapoor
(Expert) 12 July 2018
Agree with Vijay Raj and Kumar Doab.
