Domestic Viloence act & Family Court act

Querist : Anonymous (Querist) 12 March 2010 This query is : Resolved
My Wife Had filed case in family court for restitution of congugal rights in family court & Maintenance in family court.
now today she had again filed case for DV act 2005
now i wanted to know whether both these case can run because in both she is asking for compensation
can u let me know more on this how should i avoid DV & let the case be continue in Family court

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Querist : Anonymous (Querist) 12 March 2010
My Wife Had filed case in family court for restitution of congugal rights in family court & Maintenance in family court.
now today she had again filed case for DV act 2005
now i wanted to know whether both these case can run because in both she is asking for compensation
can u let me know more on this how should i avoid DV & let the case be continue in Family court

one more thing i would like to add that in DV she had put my mother & sister in law name also, so my mother & sister in law wanted to go outside india for vacation for 2 months as my brother is out of india. wat is the procedure so that she can go out of India. Plz advise

Parveen Kr. Aggarwal (Expert) 12 March 2010
Yes. The cases of RCR, maintenance and DV Act can proceed simultaneously.

You cannot avoid the case of complaint under DV Act and you will have to defend the same by filing written statement and further contesting it.

Raj Kumar Makkad (Expert) 12 March 2010
I do agree with parveen. I add that the compensation awarded from both courts shall be adjustable means she can get from only a single court (from where maximum is awarded) even though shall be ordered by both courts separately.

Guest (Expert) 12 March 2010
i do agree with Parveen and Mr Makkad.

James Arun (Expert) 12 March 2010
This is a standard strategy of litigants in a Family Dispute. If you choose to, in addition to the litigation options available to you, you can go for mediation and try to settle the matter amicably. Instruct your advocate to file an application in the Family Court u/s 89 of the CPC, read with 151 of CPC, and Sec 10 of the Family Courts Act. If the other party consents, you can settle all matters in mediation within 60 days. Good luck!

James Arun
arunkumarpj@gmail.com

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