DV Case

Querist : Anonymous (Querist) 24 June 2011 This query is : Resolved
Dear sir,

in continuation of my last query regarding jewellery.

We are seeking to dismis the Dv case.

dispute between the husband and wife is absent and one small child is present. parents of wife using the relation as a tool to collect money facts are present in proof form.

matter is entirely differnt as common DV case . in this matter husband and wife both wants to stay with each other but parents of bride kept their family lawyer to handle the case.

till date neither husband nor wife got single opportunity to say their word. entire matter is proceeding only by the words of lawyers.

magistrate is also female and as common she is taking into account that if any female come in the court means she is aggreied.

husband tried to say his words many times but always restricted by magistrate.

how one system can spoil a family with blind faith.as magistrate once said that if your wife came to court then it means you are torturing her, what nonsense?

even once wife tried to say magistrate but magistrate replied you dont worry , you dont say anything your lawyer will handle everything,

it is one complete year passed we did not met with each other,once she said on phone do anything but complete the case soon, but how?

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Devajyoti Barman (Expert) 24 June 2011
The conduct of the Magistrate or the family lawyer is really unfortunate and bit surprising too.

If this is the real picture then either of you can file a petition with or without taking help of an advocate wherein you state both of your willingness to stay together.

If it is filed by the wife whereby if she seeks dismissal of the case then that would be more better.

prabhakar singh (Expert) 25 June 2011
Expert : Devajyoti Barman is right

Ajay Bansal (Expert) 25 June 2011
Both husband-wife should file a joint petition in court.

Guest (Expert) 25 June 2011
SIR,
KINDLY NOTE THAT
1 A COMPLAINT FILED UNDER SEC.498 A OF I.P.C. NOW HUSBAND AND WIFE WISH TO COMPROMISE THE MATTER BUT PARENTS AND LAWER NOT INTERESTED.
2.HUSBAND SHOULD FILE CRIMINAL WRIT PETITION MENTIONING ALL FACTS TO THE HIGH COURT FOR QUASHING THE SAID CASE AT LOWER COURT.COURT WILL ISSUE SUMMONS TO WIFE AND WIFE AND APPEAR BEFORE THE COURT AND THEN IF BOTH HUSBAND AND WIFE ARE WILLING TO STAY TOGETHER THEN WIFE SHOULD FILE AN AFFIDAVIT IN THE COURT MENTIONING ALL FACTS AND HER DESIRE TO STAY WITH HUSBAND .COURT WILL TAKE IT ON RECORD AND WILL QUASH THE LOWER COURT PROCEEDINGS.
GOOD LUCK
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP
YOURS SINCERELY
NANDKUMAR B.SAWANT,M.COM.LL.B.(MUMBAI)ADVOCATE

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