vineet 21 February 2017

Wife share household in domestic violence act

my wife got order from court that she can share house hold with me and my mother and got police protection also... now she came to my home...we already got the news we lock the door and go to staying with our relative home..

after that police called me and threaten be if i disobey the court order they will take action against me..

my question:

1) can police take action against me?

2) can i filed complain against my wife for stolen and violence with my mother when she entered my home...???

plz suggest me soon....

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6 Replies

(Guest)

Dont you have a advocate? You are behaving very childish. When wife has already got Residence and Protection orders from court, its time to consult advocate locally. Not obeying court order will attract warrant and non bailable warrant respectively. Dont get caught, secure anticipatory bail for yourself and your mom. Next thing is you go appeal in High Court against the order which your wife got. DV case is dangerous. Dont take it lightly.

stanley (Freedom) 21 February 2017

@ author

Now you have to be serious . Police can enforce the order . If protection order is violated than proceedings are criminal u/s 31 of DV act .

Central Government Act

Section 31 in The Protection of Women from Domestic Violence Act, 2005

31. Penalty for breach of protection order by respondent.—

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

you could have offered to pay her rental accomodation while the DV trial was on .

If you are unhappy with the order than proceed to higher court and you need to consult an advocate for this .

(Guest)

Change your address. And file appeal from new address. Henceforth reply, apply, appeal, re-appeal only from new address, not from your moms house address. Anyway this case will run for anotehr decade, best is wait till lovely wife come for settlement. Throw money and take divorce from her. Marriage calls for decorum, not police and court.

Kumar Doab (FIN) 21 February 2017

You have sufficiently been advised.

The courts gets its orders complied thru state, police.

You are inviting trouble for yourself and family that is involved in case, that you may not be able to manage, later easily.

Instead of leading towards more troubles, discuss with your own able and senior counsel specializing in family/civil matters at your own location.

Your counsel after examining everything that has transpired so far, shall do the needful to undo the damage that you might have already done.

vineet 21 February 2017

i concerned with my advocate...he said you should move from your home for while till she she tired to up and down from her home town to your home town...she cant break the lock...she have to wait for you...when she entered you home u call the police and said thm she did domestice voilence with your mother....

thn filed petition in high court on this base..

is this possiable????

Ramesh Chander (Advocate) 04 March 2017

VINEET IS PERFACTLY RIGHT. THIS IS RIGHT WAY TO TEACYH LESION TO SUCH WOMAN. AFTER ALL MARRIAGE IS A MATTER OF MUTUAL UNDERSTANDIGN AND ADJUTMENT AND, TO SOEM EXTENT. SACRIFICE.