Domestic violence case
Querist :
Anonymous
(Querist) 26 June 2010
This query is : Resolved
Husband filed divorce under the ground cruelty against the innocent wife. Thereafter wife filed Domestic Violence Complaint.
Husband filed Quash petition and the same is pending before High Court. Now DV case is stayed by High COurt
During pendancy of both the cases, she committed suicide leaving a letter as dying declaration that her husband only spoiled her life.
Can her father proceed with DV case?
Still one month passed by, no investigation was made on husband.?
Devajyoti Barman
(Expert) 26 June 2010
Only the female member being in domestic relation can proceed in DV case.
In your case the DV case would fall though the husband is likely to be charged for abetment of suicide.
Adv Archana Deshmukh
(Expert) 27 June 2010
A case under the DV Act is filed for seeking reliefs for the "aggrieved person" only. So after the death of the wife her father cannot continue the proceedings. As Devajyoti Burman said the husband may be charged with an offence u/s. 306 IPC.
Querist :
Anonymous
(Querist) 27 June 2010
How about father contesting the quash proceedings?
Advocate already filed vakalath during her life time. can advocate proceed with the case by filing dying declaration?
Guest
(Expert) 27 June 2010
The question is not about only "locus standi" of the father to pursue the Domestic Violence case. In some circumstances, on behalf of the aggrieved person, one can contest the case. But, here, the relief that was sought by the deceased woman in the domestic violence Act, i.e., maintenance and/or shared household and/or protection etc. became "infructuous" and hence, there is no purpose of continuing the case by the father.
But the grievance is still remained and in gigantic proportion. The husband is definitely triable under "abetment of suicide". Any lapse on the part of the police to file FIR or to show laxity in pursuing the case, would definitely allow (require) the father of the deceased woman to file appropriate case against the police to arrest the son-in-law and prosecute him in accordance with law. Please feel free to ask any further querry in this matter.
Querist :
Anonymous
(Querist) 27 June 2010
That is a different case to be investigated.
What is the procedure in Domestic Violence Case
Guest
(Expert) 27 June 2010
The domestic violence case will get abated after the demise of the complainant as no cause of action survives any more.
Querist :
Anonymous
(Querist) 27 June 2010
still cause of action is there as the husband is having articles of wife as her jewels are with her
Querist :
Anonymous
(Querist) 27 June 2010
still cause of action is there as the husband is having articles of wife as her jewels are with him
Guest
(Expert) 28 June 2010
That is why in my post dated 27th instant I told whether the case survives or not depends upon the nature of relief sought in the case.
In criminal case, the death of complainant does not affect the case for the reason that the State represents the complainant. Only the death of accused will abate the case.
In civil case, the death of plaintiff does not affect the case because his Legal Representatives will substitute him. Similarly the death of defendant also does not affect the case as his L.Rs will be brought on record.
But in DV case, the basic reliefs are civil in nature but the procedure adopted is criminal procedure code and hence, this problem is arising.
In a nutshell, my opinion (there is no precedent in domestic violence case) is that in this case, cause of action survives and hence father is competent to continue this case. The immediate problem comes before the magistrate is that in Cr.P.C. there is no provision to substitute the complainant with his/her legal representatives and hence, he may decline to accept the father's representation. Then the father has to request the magistrate to follow Section 28(2) of the DV Act, which empowers the magistrate to lay down his own procedure.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 July 2010
Mr Prabhakar you have earlier replied and now making querry on your own replies.
Regarding abatment other circumstantial evidence necessary.And since she first filed cases and thereafter commited sucide naturally she was not with her husband so even allagation of abatement will not sustain
