domestic violence act
Querist :
Anonymous
(Querist) 19 July 2010
This query is : Resolved
me and my wife are separated from each other since 03/09/2008 because of my mothers death on 02/09/2008 as she heard the news of both physical and mental torture on me by my wife repeatedly.for both of us it was our second marriage.i was forced to start live with my wife only in my apartment not less than 1 month of our marriage.on 02/09/2008,i got sick after hearing my mothers sudden death(my parents were staying with my another brother at bangalore where as i was staying at kolkata).i was being driven out from my apartment by my wife,father in law,paternal uncle in law,and some local hooligans.as i was sick,i helplessly called ambulence from my hospital and they took me to the hospital.during my transit,neither of my family member accompanied me.since then i was staying as paying guest in kolkata.subsequently she harrassed me a lot.hired gundas to kill me,left hooligans to follow me up,prank calls,terrorise me in the name of cid,created scenes in my hospital,filed writ petition against my hospital ceo and summoned her in high court.as expected she lost the case.atlast she filed DV against me in district court on april,2009.for your information she filed ipc 498A against her previous husband(her 1st marriage took place in july,2002,started court cases from october,2002 and ultimately both of them got divorce by mutual consent through outside court settlement in 2007 and married to me in december,2007).i appointed her previous lawyer as my lawyer to defend the case in which she filled petition u/s of indian evidence act and as expected lost the case to me again.in the last hearing,during their evidence she catagorically denied of all allegations which she brought forth previously in the domestic violence petition.in the meantime during our separation period she gifted the flat to her mother which she owned before our marriage.from 03/09/2008,she has captured my flat.i purchased the flat in 2004 under emi scheme which i am paying still now.i even know that the dv case verdict will go in favour of me.she prayed in the petition that she should be allowed to stay in my flat.i am paying the emi as well as i am paying for the paying guest inspite of my own flat.my question is what is the penal provision in the present dv case? and how do i retrieve my flat as peacefull cohabitation by both of us in a single household is not possible in the dv background?
Devajyoti Barman
(Expert) 19 July 2010
Your case seems to have involved lot of issues.
For retrieval of your flat it will be a vry tedious process for which further information is required.
