Domestic violation

A very hypothetical querry. Ask this question loudly to yourself and the answer you get is the nearest guess to mine.

The maximum that can happen in a domestic violence case would be based on the reliefs asked in the case which you have not stated in your query . There is no punishment such as imprisonment but a protection order would be passed  in case the allegations are proved true. ( A lot of woman sensitive repliers here in this foroum tell women here to  file DV ,498a but than would further state its difficult to prove  domestic violence  inside the four walls of bedroom )  . Tell you brother to start reading the domestic violence act join this Foroum ( Read the replies of Mr Tajobs ask queries gain knowledge )  get aquianted with the laws and start fighting his case party in person if he is determined and minimise the damage.Now after the protection order his wife may just walk into a police station cut her own hand or bang a head against the wall and say your brother did this. then there would be a FIr accompained with a medical report to substiantate her claims  . And this becomes a breach of the protection order under section 31 of the DV act which if convicted would lead to imprisionment .

Yes you can go to high court also and than to supreme court and get further drained out .

Hey Stanley,

Thanks for enlighlightning fact.

Even I was wondering that if wife file false DV after 10 months of separation with no MLC and all (just oral allegations) to get a divorce then how much time normally it takes to get acquittal.

In general, how long (on an average) a DV case lasts? Wife will say that DV has taken place and husband will show all the proofs (like emails, medical bills, other expenses, gifts ) that he has taken good care of his wife then who will win and how much time it takes normally???

And once one get acquitted and if he files defamation (499) then what is the fate of such case? I am saying so as once a DV is proven false and husband is acquitted then it means that wife has defamed her husband by false case then how much time a court takes to settle such a defamation case? Please note: husband is niterested only in defamation not in divorce. Has anybody won ever defamation case in such matrimonial issues?

Hi Stanley

You said:

If your lawyer is hand in glove with opp counsel than your opp counsel will win

But this is hypothetical scenario. I understand it happens sometimes but what if your lawyer is imaandaar ?

Then its a tough choice for judge to decide such a DV case? No?

I assume that such DV cases will be hanging for years (even 10 years) in court ? 

Please share your idea?

@ 498 A 

If lair is imaandar than he will use the tools of his trade to abstract his fees and you have answered your own hanging question on the no of years ??

I wish to correct the above sentence Liar to be read as lawyer !! 

Okay let me tell you all that judge is totally biased to the girl and infcat he talkes to the girl's father as if they know each other for a long time. Once the Judge told my brother that if he does not take the girl back he can punish my brother for monthly maintencae around 20 K which is half of my brother's salary. He was so scared that he started paying 1500 rs per month.

He work in delhi and goes back and forth from Delhi to UP as his son is with my parents and he need to see him as well. Its so tiring and apart from this so many dates in Meerut which is again a travell of 2 hours....

So let me ask my questions specifically....

1. sud we change the lawyer and things can better?
 2. How much max monthly maintennace can a judge order if  the judge has been bribed already

3. Can we go to the HC after loosing the case?

4. The girl has four years of education after the marriage and its the case after 8 years of marriage so judge will not have any punishment if he give the biased result?

Thanks

Shalni

These are some very serious charges your side is experimenting into. Better back them up accordingly.

However, it is well settled in India as well as internationally that any ld. Judge who has the slightest pecuniary interest in a case must automatically recluse himself from hearing of the case.

Hence file an Application before same Court for "Transfer of Case to another Magistrate Court citing ld. Judge is showing least pecuniary interest in case". If the ld. Judge in reference does not recluse himself inspite of no confidence Application put up by your side then take up the matter to Sessions Court then and there instead of waiting any much longer as it is right of litigant when and if they feel particular Hon'ble Court has become corrupt to use above application and let natural justice prevail in instance case thereon.

“the least (or slightest) pecuniary interest in the subject matter of the litigation will disqualify any person from acting as a judge” is underlying principal.

H.M. Seervai has also authoritatively pronounced on this principle in his Constitutional Law of India, where he says:

“Least pecuniary interest in the subject of the litigation will disqualify any person from acting as a judge: the pecuniary interest may be so small that no one will think it likely to produce bias in a judge, e.g. if a judge talks in his chamber with party for hours together and does not give another party single such chance;  where pecuniary interest exists, the law does not allow any further inquiry as to whether or not the mind was actually biased by the pecuniary interest; the rule applies to judge of the highest tribunal as it does to tribunals and bodies of persons obliged to act judicially or quasi-judicially”.

The basis for this principle is a higher principle which has been clearly stated by Justice Venkatachalaiah in ref.: Ranjit Thakur v. UOI and Ors. [AIR 1987 SC 2386]

“The test of real likelihood of bias is whether a reasonable person, in possession of relevant information, would have thought that bias was likely. A judgment which is the result of bias or want of impartiality is a nullity and the trial "coram non-judice".

“As to the tests of the likelihood of bias what is relevant is the reasonableness of the apprehension in that regard in the mind of the party.

The proper approach for the judge is not to look at his own mind and ask himself, however, honestly, "Am I biased?" but to look at the mind of the party before him.”