Domestic violence act 2005

Originally posted by : Nirav Gandhi
	Hi Expert,. I have filled divorce case section 13 under cruelty in nov 2014 . My wife appear in court only one date after that my wife not attended any day. Case is on final hearing. My wife filed case in jamnagar court under domestic violence 2005 under section 12,17,18,19,20,23,22. What can we do now. She written name of me and my parents and bro and his wife. Can my parent and bro need to appear in court all hearing date.???.

Domestic Violence case is criminal in nature.  You and co-accused need to appear in front of the magistrate with or without advocate.  You can hire services of advocate later.  If you dont appear at all, magistrate will issue warrant and you will have to go to court in blue bus.

If the case is deemed fit for trial magistrate will order same. If you are ready to compromise, magistrate may dismiss the case based on consent of parties etc.

Its always better to settle the matter amicably, by paying one time alimony as you have already approached Family Court with divorce petition.

If both of you chose to fight the case, then, you will lose precious years, say 6-7 years behind DV case itself.  Divorce case also will take a decade to get over, in the end there is always uncertainity as to whether you will get divorce or not.  Best is take MCD.

You need to face the case on merits. Your family need not to go on each hearing, lawyer will represent them in court.

Hi Nirav your lawyer present in court on behalf of you so you and your family not need to go on every date in  court till cout not call you for present for avidence or other 

Both cases will run concurrently, 

Best part for you is your wife appeared once in Divorce case, so you can pray court to get judgment.

In DV Case you can show judgment later also say that she has filed DV Case as counter against your divorce case.

You can give written appllication or can say it verbally.