Victim of false domestic violence
Sunny
(Querist) 13 December 2013
This query is : Resolved
Dear Experts
I am victim of false Domestic Violence, I got married in 14Apr 2011,we have a little baby boy 1 Year 9 Months, My wife is not living with my since 26 Aug 2012, we tried a lots for come back to me, but i was unable to do the same. Then i filed a Section - 9 Hindu Marriage Act in 2 Sep 2013 at my living place (same place from she leaved me, i am private job holder its not my parental house we both lived here) from here court send her SAMMAN 2 times but postmen mention that she was not in the house/house locked & finally court give us an order that do publication in her area newspaper & i did the same & coming hearing date is 20 Jan 2014 & after this she filed a Domestic Violence & Maintenance 125 case against me in 27 Sep 2013 & she also covered my father (He is handicapped - in 1976 he had an accident in which he lost his half left leg),my mother (after come to know all this court cases she is going under depression Doctors r giving her that type of medicine), my younger sister who is married (living out of india since Aug 2011) & my younger brother living with my parents.
And she also mention in her plaint that she is not with me since 26 Aug 2012 so i want to know few things as per below -
1.) What's the mean / type of these Dhaara's under Domestic Violence - 12, 18, 19, 20 & 22 ?
2.) Is it possible that i can request to court/judge that her case/application should be Dismissed due to Section 468 (we are living separate more than one year) / or any other time barred ruling & 2nd it's a counter filed only ?
3.) Can you please give me any web link from where i can get Supreme Court Ruling & same ruling from UP High Court in which its clear that if wife didn't filed any case with in a year after living separately and after that she filed counterblast against his husband & his family then Supreme Court (and also same ruling from UP High Court) had Dismissed her case as per time limitation / time barred ruling? Kindly give link for both Supreme Court & same for UP High Court.
4.) Is there any arresting or any bail procedure which i should follow at beginning of the case?
5.) As i have told you that my father is handicapped, my sister is living out of INDIA & my mother is under the impression of Depression, my innocent younger brother, How can get them out from this case because she was not living with them? I don't know why she is doing all these things.
6.) One of her uncle said me that one of his brother is DIG in UP Police and he can arrest me in any false cases, should i give any application to her parental area SSP office because for the case which she filed i have to go there?
I didn't see my baby boy since 26 Aug 2012.
Kindly guide me with a bast option.
Thanks & Regards
Victim
Devajyoti Barman
(Expert) 13 December 2013
1. read bare act of PWDV Act. It is in simple language.
2.No, separation is no ground for its dismissal.
3.Why don't you google search , it is not that difficult.
4.You can apply for anticipatory bail if she files case u/s 498A IPC.
5. You can apply for dismissal of the case against them on this ground which is possible though only after trial.
6. Making arrest on false case is not easy if you have guts to put brave front.
Ask for visitation of the child in the domestic violence case.
Sunny
(Querist) 13 December 2013
My separation means if any domestic violence happened more than 1 year back and she is filing after one year.
So in this case her case can dismiss or not?
How can i protect or get them out of this of my parents ?
V R SHROFF
(Expert) 13 December 2013
For DV, she can file after a year.
defend ur self.
u r well advised.
Sunny
(Querist) 13 December 2013
What is the time limit for the DV
Sunny
(Querist) 13 December 2013
Thanks you sir (Mr Devajyoti Barman)for the reference of PWDV act
Raj Kumar Makkad
(Expert) 13 December 2013
Well advised by experts so no more to add.
T. Kalaiselvan, Advocate 
(Expert) 14 December 2013
A case under the provisions of the said act can be filed even before the act came into force. Other things have been advised properly by Mr. Barman
Sunny
(Querist) 16 December 2013
How can i save my parents & brother & sister?
My father is handicapped, my mother is going under depression, my sister is not living in India.
here my save means - is there any ground that i can get them out form this case on behalf of handicapped certificate from government approved & private clinic medical reports of my mother & Passport cum visa copy of my sister?
And infact we were living separately in my Working place (not in joint family) but she mention against violence when she was living with my parents during pregnancy time.
Sunny
(Querist) 16 December 2013
here my save means
is there any ground that i can get them out form this case on behalf of handicapped certificate from government approved & private clinic medical reports of my mother & Passport cum visa copy of my sister?
prabhakar singh
(Expert) 16 December 2013
If You have proofs that your father is a handicapped from CMO of the District Govt.Hospital and a certificate that your mother is suffering from depression from a Govt.Recognized Mental Hospital and passport cum visa copy of your sister,then certainly it would help you to get them free from case.
Sunny
(Querist) 16 December 2013
Dear Prabhakar Sir Ji
Thank u for your prompt response.
Handicapped certificate of my father is approved from CMO the District Government & I can arrange the Passport cum Visa copy of my sister but the all medical report of mother is private Delhi base hospital cum clinic but the Dr. is MBBS & MD.
If we will go with all these private reports then it will not consider?
Thanks & Regards
prabhakar singh
(Expert) 16 December 2013
That is true but private doctors often get it printed on their prescriptions that not valid for medico legal cases and more over to prove them you would need to produce them in court,a costly affair,as they would charge you practice loss per day they attend the court.Hence it is advisable that you get it from a Govt./or/Govt.Licenced Hospital.
Sunny
(Querist) 16 December 2013
Dear Sir
Thanks a lots
so i should go & start the treatment of my mother from Gov. hospital.
Thanks & Regards
prabhakar singh
(Expert) 16 December 2013
That would be a way to get the certificate required.you need not eat medicine prescribed by them if your private consultants do not agree.
Any person who is mentally handicapped has right to get such a certificate in Format provided by rules.
Sunny
(Querist) 16 December 2013
Thank u so much Mr. Prabhakar Sir Ji
Now i am getting your point, only for taking government approved certificate i have to go to Gov. Hospital and one more thing i would like to ask you sir that also her left knee had been damaged upto 90% and for this she had been operation for the same in June 2011 but from Private Hospital Delhi Ganga Ram Hospital and due to this she is unable walk properly.
For this, the same procedure i have to follow and start treatment from the Gov. Hospital?
Kindly advise the plz
Thanks & Regards
prabhakar singh
(Expert) 16 December 2013
You must be having her operation records and that is sufficient for that.
Devajyoti Barman
(Expert) 16 December 2013
The medical records are not enough to get their names deleted from case.
They will have to face trial anyway.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
For dispensing with the personal appearance of the respondents under the provisions of section 205of Cr.P.C., the said medical certificates will come of use for the present and later on for the trial and contest on merits. Thus it is always better to obtain such medical certificates to be used as documentary evidences favoring your stand.
ajay sethi
(Expert) 19 December 2013
agree with experts . contest case on merits . case is maintanable even if stayed separate for a year .
Sunny
(Querist) 19 December 2013
Dear All Experts
1st of all thank u so much for your prompt response.
I would like to discussed this link here which is regarding the time limitation for the DV.
http://www.lawyersclubindia.com/experts/Timelimit-for-filing-dv-case-274001.asp#.UrMKvif_kSo
http://www.498a.org/forum/viewtopic.php?f=47&t=9851&view=next
Kindly guide me
PLEASE
Thanks & Regards
Devajyoti Barman
(Expert) 19 December 2013
you have already been guided on this issue.
There is no time limit for DV case.
