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Domestic violence act

(Querist) 06 October 2016 This query is : Resolved 
Hai all
Today i received notice from court in behalf of my wife who filed under section 12 of protection from domestic violence act. May i know how it differs from 498a. What exactly the court do when receives this complaints...court called me along with my father and mother , please advice
cherukuri prasad (Expert) 07 October 2016
Attend the court. 498a is dowry harassment and you got a notice for domestic violence. Defend and oblige to court orders. Parents are being let off from appearance if you ask high court about it
cherukuri prasad (Expert) 07 October 2016
Your parents can also file a discharge petition. Try
Arun kumar (Querist) 07 October 2016
Helo experts
Nadeem Qureshi (Expert) 07 October 2016
Dear Vineeth
In the domestic violence case the women may demand some relief like, protection, right to residence in matrimonial home, maintenance, child custody if any, and compensation under section 18,19,20,21 & 22 of The Protection of Women From Domestic Violence Act-2005.

as you receive a notice from the court then appear before the court along with your lawyer if any, and approach for mediation and try to settle the matter amicably if possible.

if not possible, then file your reply on her complaint filed under section 12 of d.V. Act and fight the case on merit.

your parents may get an exemption if they are old age from personal appearance.

if you have any strong proof in your favor or in favor of your parents then file an application of certified copy of the complaint and Court's summoning order an file an Appeal u/s 29 of D.V. Act before session court against the summoning order.

Feel Free to call
Rajendra K Goyal (Expert) 07 October 2016
Agree with the expert Nadeem Qureshi.
Arun kumar (Querist) 07 October 2016
Thanks nadeem ji....can i ask for child custody of 1 year old son like once a week while the case is going on....
R.K Nanda (Expert) 07 October 2016
Nothing to add more.
Rajendra K Goyal (Expert) 08 October 2016
You can file custody case and visitation rights till case pending.


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