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harrasment from wife

(Querist) 14 May 2008 This query is : Resolved 

Dear Sir/mam,

i read one of the article from you. i need ur help regarding the case of domestic violence.

i am suffering from domestic violence. please guide me on the following issues.

1) my wife had involved me and my family members in the case 498-a in the year 24th june 1999. but after some timethe case was muttualy compromised to save my mother and sister.

2) me and my wife started living seperately after the withdrawl of the case.

3)but after sometime my wife started making false alligations on my family members in the influence of her parents which lead to affect our married life.

4)now five months back she left my house without informing me started living with her parents.i tried to resolve the problem but no signs for comproise came from there side.

5) so finally i disscussed with my family members and came to decission to part.

6) so i filled a divorce case on 20th feb,2008.

7) on 7th may the hon'ble judge called us for compromise,my wife along with my inlaws asured the learned judge that my wife is ready for any compromise.

8)very next day i and my family members recieved the court summons of domestic violence .which was filled on 6th may,2008.

please suggest me that whether my family members who were not living with me and my wife for the last nine years can be involved in domestic violence consideing that they didnt even visit my house for the past 9 years.

and also suggest me that what legal procedure or rights i have against this law.


pankaj manchanda

ambika.S (Expert) 16 May 2008
The Act attracts only when there is harasment and such harasment is by any of the adult male member who harms or threat a woman constitutes domestic violence. In your case your wife has filed the case under this Act which come into force in october 2006. On basis of the fact all your family members are not attracted as you and your wife were living separately. You have to substantiate the prospective effect of the Act in Court of Law.
Rajesh Kumar (Expert) 16 May 2008
Merely because somebody is not staying in the house or visited the house doesnt not mean that he cannot be falsely implicated for domestic violence- you know wider interpretation of welfare legislation. See even your family members received summons.
This act has been enacted to give women a weapon to harass men- the Act will achieve its purpose.

SANJAY DIXIT (Expert) 18 June 2008
If you have some evidence in this regard; you may approach to High Court for quashing the complaint.

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