dv case could be disposed??
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
happy new year to all members.facts of case are as.... (1)my wife clearcut denied for coming back at rcr reconcillation(in certified copy of session court order)and filed for d.v. after 5 months.she is reciving maintaince in rcr through sec 24 allready. (2)she filed d.v.case after more than one year of sepration. (3)she give a false MLR of 2 year back date(mlr have no sign of mo,no fee charged,have cutting.first bleeding is written,then crossed and replaced by blunt.no treatment given) (4)all story made by her is false,i submitted documents to prove my side along with my written statement in objections.and req. for its disposal.judge give next date for arguement/intrim order and asked for personal appearence to all accused of my family members(married sister,parents living seprately)what should i do now?please advise
Raj Kumar Makkad
(Expert) 04 January 2012
You should file an application on behalf of your mother and sister that DV case cannot be plied against them as per provisions of the Act itself and try to get disposal of that application. You should then file an application under section 340 of criminal procedure code and should prove the falsification of MLR by summoning the original record of the hospital. These two steps shall definitely break the moral of your wife and then she shall contact you for compromise at your own terms and conditions.
Deepak Nair
(Expert) 04 January 2012
Right and excellent solution from Mr. Rajkumar Makkad
M/s. Y-not legal services
(Expert) 04 January 2012
if you have merits mean just go for quash proceedings.,
and the female members of husband's family also can be added as respondents in d.v cases. supreme court allowed this in a recent judgement.,
tom..
Querist :
Anonymous
(Querist) 04 January 2012
if i go to highcourt under sec 482,is it quashed with facts as said above.??
Advocate. Arunagiri
(Expert) 04 January 2012
I differ with Mr.Makkad,
Protection of Women from Domestic Violence Act, 2005.
2 (q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;
The act itself clearly says that the complaint can be filed against the relative of the husband. It does not say male relative or female relative.
Querist :
Anonymous
(Querist) 04 January 2012
facts are as sister is married before my marriage and lives in other town.and mother -father are living seprately fron son and dil.ration card is also seprate.
Shonee Kapoor
(Expert) 05 January 2012
I agree with Arunagiri Ji on aspect of females being a respondent.
However, if falsity is proved, you can file for 340.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 06 January 2012
PREVIOUSLY THERE WAS CONFLICT OF OPINIONS AMONGS THE HIGH COURTS REGARDING ' WOMAN RESPONDENT'.
Now the supreme court has made it clear that this Act is applicable against woman respondent as well.
