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Ingredients required for domestic violence to take place

Can someone tell me what are the ingredients required for domestic violence to take place ? My wife has filed domestic violence after four years of seperation and we haven't established any contacts at all. She is claiming huge amount for relief and also asking for rent for house. I know there are tons of discussion about time limit and all but now i want to start researching from scrap.


Highlights

1) On Sept 2010 she filed 498a , 506 on me in police station but later a Summary was filled by police station.

2) On July 2011 she filed crpc 125 i was giving her maintenance.

3) On Dec 2011 i caught her making out with her boy friend. I filed ipc 497 and got a stay on her maintenance.

4) On July 2012 she filed IPC 406 which was withdrawn by her in Jan 2013

5) On march 2014 she asked for legal aid saying that she is from poor family.

6) Finally in april 2014 she filed domestic violence saying that i have harassed her and she have gone to session court for revision for lower court order on crpc 125.


In her DV complaint she mentioned that i have tortured her emotionally and mentally. I am not giving her any money for living and her father works on govt. contract therefore she needs Rs 10000 for shelter. Rs 10 lakhs as a relief for harassing her and Rs 50000 as a monthly maintenance. She filed the case in court and the case is submitted to protection officer and now very soon court will summon me but i want to get prepared before the storm is coming.

 

May i know if domestic relationship is required for domestic violence to take place ?  Because in my case that never happened.



Learning

 3 Replies

ANAMIKA VICHARE (LAWYER)     17 April 2014

You better file Writ Petition fo r qushing Domestic Violence case in High Court there is possibility of success...

Practically in India no ingredients are required as almost all women are filing fake cases

Anamika Vichare

Purush Hakka Saurakshan Samittee

anamika_vichare@rediffmail.com

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 April 2014

No need to file writ you can tackle this matter safely at trial court level only.

T. Kalaiselvan, Advocate (Advocate)     17 April 2014

If what you have stated are to be taken as true, she cannot succeed in her domestic violence case or any other case because, as per you, the reason for stay of maintenance amount was due to her adulterous life, now this case is an after thought, so it may be sustainable, let it come, challenge it fittingly.


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