Domestic violence
Pradeep Kumar
(Querist) 02 April 2014
This query is : Resolved
Hello All,
Domestic violence filed by my wife
1.All my family members received summons from the CMM court Chennai.
2.Already she has filed 498A in bangalore,charge has been filed only on my name my parents name left out.i have approached High court for quashing and stay.
3.And and she has filed c.r.pc 125 interm maintance and permanent alimony .
4.After all this she has filed Domestice violence Act.
5.my question is my parents and sister name left from 498A case ,now again thier name included in Domestic violence Act and my sister got married recently her husband name also included in this .How it would be possible?
6.already C.r.Pc 125 running in family court now agin here also she is claiming for money ,residential order and protection.Is it possible to claim maintance from both cases?
7.regarding the protection order ,if she falsely report that am enter in her jurdictions and harrased her ,what will be police reaction?
8.If my parents not attending the hering ,whether the court will issue arrest warrent against them?
Regards,
\pradeep
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 April 2014
You can file revisions for setting aside the summons in DV ACT on technical issues and take it to higher court and exhaust the opponent.
Analyse the new complaint with earlier cases and as a rule you will find many lapses or mis information which will help in revision.
Devajyoti Barman
(Expert) 02 April 2014
5. Yes it is possible.Degree of culpability of offence in both the cases are different.
6. Maintenance can be claimed in both cases. Law has provided for such dual reliefs.
7. Police has nothing to do unless court passes any specific order.
8.No chance of W/A. However court may pass ex parte order against them.
Advocate. Arunagiri
(Expert) 02 April 2014
Normally if any complaint is made to the magistrate under the DV act, that will be forwarded to the Protection officer for enquiry. Based on the Domestic Information Report from that Protection officer, the magistrate will pass orders on maintenance and shelter.
Untill then the police will not interfere. Once the order is passed by the magistrate, and if it is not complied with, then only the magistrate will order for police action on you.
In your case, you have received the summons, please check any enquiry was conducted by the protection officer or not.
ajay sethi
(Expert) 02 April 2014
dont worry no arrest warrant will be issued by court if your parents dont attend hearings .
as far as maintenance reliefs are concerned if any maintenance amount has been awarded under section 125 CrPc draw attention of court to said fact . court will consider amounts already awarded while passing any further order for maintenance in Dv case
Nadeem Qureshi
(Expert) 03 April 2014
Dear Querist
my opinion on your queries are as under
5.my question is my parents and sister name left from 498A case ,now again thier name included in Domestic violence Act and my sister got married recently her husband name also included in this .How it would be possible?
Opinion: file an application for discharge for delete his name from the proceedings.
6.already C.r.Pc 125 running in family court now agin here also she is claiming for money ,residential order and protection.Is it possible to claim maintance from both cases?
Opinion: yes she can claim maintenance in both the case but she will be entitled to get maintenance only in one case either 125 or DV.
7.regarding the protection order ,if she falsely report that am enter in her jurdictions and harrased her ,what will be police reaction?
Opinion: police have no power to do any thing against your without the court order, if she report to the court that you dis-obeyed the court order then this is an offence which is non-bailable and the punishment is upto one year and fine which may extand to twenty thousand rupees or both as per section 31 of DV Act.
8.If my parents not attending the hering ,whether the court will issue arrest warrent against them?
Opinion: yes the court have power to issue arrest Warrant against them if they are not appear before court in person or through their lawyer.
Feel Free to Call
V R SHROFF
(Expert) 03 April 2014
NO ARREST WARRANT..
BALANCE IS A MATTER OF DEFENCE , THAT U CAN'T VOID.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
the 498a case is state case, the police knowing the false claims in her complaint against the parents of the accused, have removed their names from the case. The domestic violence case is not a police case, it is another fresh complaint by the wife before the protection officer, who without application of mind has included everyone against whom she has preferred the complaint even without making a formal enquiry on the complaint by summoning both the sides. This is possible in the event of corrupt protection officer receiving application along with the consideration in kind or money from your wife side.
The other aspects have been thoroughly opined/suggested by experts above, which i concur.
Pradeep Kumar
(Querist) 21 April 2014
Hello All,
With reference above query:
1.I have taken the certified copy of the Domestice violence complaint.
2.she has prayed for 18,19,20 & 22
3.As a aliomony she has claimed Rs.10000000.00+2400000.
4.Myself and my parents we don't have any property and am having only one two wheeler in my name and my salary and my parents are depented on me.
5.In c.r.pc 125 she has claimed Rs.2500000.00 and 35000/month.
6.She is a B.E and M.S(U.S.A) graduate,she is having own house and accused of Cyber crime case .
7.After filing 498A ,Divorce and maintance case ie after 11 months she has filed Domestic Violence case.
8.And recently they have filed case against me ,my brother in Law and my uncle in Cyber crime to the same Inspector who was arrested her ,Inspector he start to threaten me and I have approached High court for Anticipatory Bail for all three ,when the court enquired the police is said the complaint given by my father in law is clsoed same we have got as a order.
9.here my query is:
- is the law is saying that husband need to give Lumsom amount in maintance and DV act?
- As per my understanding law is saying husband has to pay maintance every month only am I correct?
- considering all the above factors please tell how I can defend my self?Every where they are using their money power even when the 498A matter is in the court police is calling me for enquiry and harrashing me ?what should I do in this situation?
