Domestic violence case criminal case...no relief please help
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
I was married to my husband as per arranged marriage. My parents are not well to do off financially. As soon as I completed my BA pass I was married. I am black in colour. My husband always taunted and beated me for destroying his life for getting married to him, he said he was ashamed to ask his friends to come to house because i am black. He also slapped me when he felt frustrated because my parents did not give any dowry. 5 years ago he left the house. I never told my parents till date because they will not be able to bear the news. He is working in a private company earning rs 25,000 per month. I have a 6 year son. One of his office friend told me he has a love affair with another woman and he has married her. I went to the place and enquired from neighbours. They told that he has a 4 yr old daughter from that woman who was studying in a nearby nursery school. I quietly went to the school and told my story to the principal who gave me the admission form of the 4yr old daughter. It was filled up by my husband and his signature was there as the father. I went in the evening to my husband house with my son and with the admision form but on seeing me my husband and his lady both beat me up badly and called up the police. They gave money to the police and police filed fir me against me under ipc 323,452,504,506. I spent overnight in the lockup. Next day the magistrate gave me bail on personal surety. My son stayed in the police station from the evening to the time when i was released from the court.
This incident is 1 year before. Since I startd working because i did not tell my parents and they r not in position to help moneywise. My neighbour asked me to file a case of domestic violence. judge sent notice to him but he did not appear and refused to accept the summon. ex party order was passed granting interim rs 4000 pm for me and rs 2000 for my son. Now 1 year has passed when we applied for recovery warrant he suddenly appeared. my advocate told me that this is normal praticse to watch the case and appear when there is danger. then he filed the reply that taunting me as a black woman was 6-7 yrs old incident and not living together since more than 5 yrs now so no violence is going on now. secondly he has said that i have committed violence upon him and he had filed fir on me. because of my torture he had left the house so he is not liable to pay any money because he has not committed any violence.
Now 4 months has passed, every month 2 dates r there but he is not appearing also and not even paying the 1 yr 4 months pending money. his advocate says that domestic violence case is civil case and no need for husband to appear. his advocate has appeared it is enough. my advocate filed for warrant to ask him to come to court but his advocate argued that there is no requirement in dv case for the husband to personally come and first you decide whether there is any violence or not, then we will pay maintainence,
somedays before i received the summons for the fir.
Is there any relief for women who do not have money or power to get relif from judicial system or only the women with power and money can get justice from the system?
what should i do in the
1. fir ipc 323,452,504,506
2. domestic violence case saying abusing as black was 6-7 yr incident no current violence.
3. not appearing in domestic violence, how to appear him in the case. (like in the fir case the police constable said that if u dont go the court on the date as in the summon then u will get a non bailable warrant)
4. how to get the money? husband says first prove violence
Shonee Kapoor
(Expert) 24 December 2011
Hmmm,
You are not only unaware about the law, but are also misguided.
You should have filed the DV case with latest incident and then also should have filed a case of bigamy against your husband.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 24 December 2011
You can obtain the copy of the admission card, which shows that your husband had signed as father.
Or else give a police complaint and request the police to collect evidence from the school.
You should have given a complaint u/s 494 IPC
494. Marrying again during lifetime of husband or wife —
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
