Domestic violance
minsal
(Querist) 09 October 2012
This query is : Resolved
Sir,
husband is from ahmedabad and wife is from a small town of chennai. both are equally qualified professionals and earning handsome salary. they are having a child (2 years boy). boy is with the mother.
the dispute is without any reason, the girl visited at her parents house and then not return back.somewhere in the month of july she joined a firm in chennai and in the end of july she filed a fake complaint under D. V. Act against her husband, in-laws and a sister-in-law (who is married and is residing a little far in ahmedabad)and claimed reliefs u/s. 18, 19,20,21.
After that she had filed a complaint u/s 498 against that husband filed a petition for quash (on the ground of jurisdiction) and also applied for anticipatory bail. in the same, the girl filed an application for returning her stridhan and earning amount. the Hon'ble high court transfer the matter to mediation. the matter was settled and husband returned all the belongings and earning amount, against that the girl withdrawn 498 petition.
now the complaint under D. V. Act is pending before magistrate. husband and his family think to contest before the magistrate court but their advocate advised them to file a quashing petition before madras high court. he said that if they loose the case then they will have to move before session court which is in the town of the girl residing and the girl's family having a high influences so they may loose the case in session court and then they have to move before the madras high court. But now when we have returned all her belongings and earnings, she should not have any complaint for the same, further she is well qualified earning good she is unable to get maintenance and for the maintenance of child, she has to file a separate application. she should not claim maintenance for child under this application.(This is the opinion of our advocate)
Dear experts what is your opinion? whether husband has to contest before the magistrate or to file a petition for quashing?
this is very serious matter. please reply.
ajay sethi
(Expert) 09 October 2012
generlly in Dv cases high court does not quash the ccomplaint . you have to contest the case on merits . if she is highly qualified she wont get maintenance as she must be earning well . streedhan etc has been returned by you . she can claim maintenance for the child .in addition she must have claimed compensation . contest the case
V R SHROFF
(Expert) 09 October 2012
CHILD MTN U HV TO PAY. CAN ALSO CLAIM RESIDENCE.
U HV TO DEFEND
minsal
(Querist) 10 October 2012
Sir,
Actually we have a good case because the girl with her husband, her parents and her in-laws visited Tirupati for Mundan of her child then from Tirupati they all went to girl's parents house. they planned to return a'bad after rest of two days and their ticket were already booked in advance. somehow girl convinced her husband for her long stay and she didn't return at her matrimonial home(Husband have copy of tickets booked online). then from 1st July she joined a firm in Chennai (husband got the copy of her appointment letter)and in the last week of July some where on or about 25th or 27th July she filed a complaint of D. V. Act against her husband and in-laws.
we are confused only on the point that the advocate of Chennai, pressurized us to file a quashing petition before madras high court stating that it is a good case and we get the order. so we are confused that what to do to contest before magistrate or to file a quashing petition.
