Procedure of domestic violence case


Hi,

I have been harassed by my husband and MIL and need to file for a domestic violence case. 

Can i know how long does this normally take and what all would be required from my side or how many times we need to appear before the court. And once i file, would he be able to leave the country on the bail? What would be the result if he doesnt appear at all?

Any details would be really helpful. Thank you.

 
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Systems Engineer

Hi Anuragi...

 

Please hold on. Wait. Please wait.

 

Please wait before you throw legal mud on your husband and MIL.

 

The mud will also fall on your head.

 

Please answer one question before filing DV.

 

What do you want to achieve by filing DV?

 

Do you want to divorce your husband?

Then wait, negotiate money and go for MCD. 

 

Do you want to teach a lesson to your husband and MIL by harassing them back?
Go ahead and file DV, roam in courts for years, get money and divorce. But you will be branded "498 Wife" and you may never get to marry again.

 

Do you want to threaten your husband to love and live with you by accepting all your terms?
You will not achieve it by filing 498A.

 

Please check again.

 

If you still have some love and trust left on your husband, then forget legal ways. Pursue life with your husband with the help of elders, friends and well wishers. You have to win him rather than win in court. 

 

If you have lost all love and trust on your husband, then get MCD and leave gracefully.


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@anuragi,

Nothing to add. Request you to please adhere the above suggestion.

 

 

 

 


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LAWYER

Prasad Sir , Kya Kehne, time has come to do counselling to wives like this

 

Well done

 

 
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LAWYER

Prasad Sir , Kya Kehne, time has come to do counselling to wives like this

 

Well done

 

 
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exec

its a real unfortunate situation that educated and grown up people need to be told that no one can force someone to like the other, and using legal tactics is the last nail in the marriages coffin...filing DV with a revengeful mind will surely backfire on the petititioner...


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It's sad to see that no one has answered the question n instead hell bent on giving useless lectures. One thing. Do not assume things and counsel everyone as if you know what they have gone through. And for ppl like that guy n his uncultured mom, dv is less than what they deserve. So pls stop increasing the thread without any useful responses.
 
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Logical and Legal Advisor at Family Court

Originally posted by : anuragi
It's sad to see that no one has answered the question n instead hell bent on giving useless lectures. One thing. Do not assume things and counsel everyone as if you know what they have gone through. And for ppl like that guy n his uncultured mom, dv is less than what they deserve. So pls stop increasing the thread without any useful responses.

DV case to file it take 2 mins, to get over it take 6-7 years, and you need to attend court as you only filed it or it get dismissed sooner or later.  Best is, file 498a, faster results, mariage will be over in no time, they will go inside jail.  Best option is file both 498a and DV and other sections asking monetary relief, and also file RCR.  In a decade or two cases will get over, both son and mom will comit suicide before 1 decade gets over.  Happy?


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Business

Anuragi, the advice given above may appear sarcastic, insensitive to your pain, etc. but look at it from a practical perspective - It should be followed.  There is absolutely NOTHING that you can get in a DV case that you cannot get in Family Court proceedings. The initial hype that DV gives quick relief to the complainant is just that... hype. In reality, DV cases last for years. You will most likely not be able to restrain him from leaving the country, especially if his trip is work/business related. I say all this based purely on legal aspects rather than driven by any male-chauvinistic approach. If your marriage has resulted in unbearable pain, then the proper step to take is to file for divorce and be done with the relationship.  These days both men and women are able to find new partners despite going through a divorce. The stigma of divorce is no longer what it used to be. However, the fallout of prolonged litigation cases and the reputation of filing criminal cases against your husband may follow you when you try to get remarried. So, absorb your losses, emotional, financial, whatever they may be and move on.  Trying to seek revenge will backfire...  You will be stuck in courts for years... and for a woman, years do mean a lot... men can find another partner at any age... not so for women. This is reality... you must learn to accept practical aspects of life, compromise and take forward steps... and forward steps only.  


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exec

perfectly advised by sameer and gyan prakash....in theory....everything is painted in pink and green by the lawyer representing the petition....yeh kardenge.....woh kardenge....usko to raaste par laa denge......itne paise toh aap ko mil hi jayenge.....woh toh pairo par girke bheek maangega......naak ragadte hue aayega.....i am not joking, but these are the things that i have practically heard lawyers telling their clients while filing 125 and dv cases.....but in reality when the petitioner steps into courts...the lawyers start taking adjournments again and again and again and again....with collusion or opposite party lawyer ( not all lawyers are like that...just some blacksheep) then they ask for  fees for attending court dates........this is the reality..and when every thing is going smooth...suddenly the judge changes and is transferred.....then again adjornments ...........courts are only tareek pe tareek pe tareek............


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