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Can a DV complainant can rejoin the husband

Can a DV complainant rejoin her husband .Its just 3 months the wife and husband stayed together.And the issues were created by her inlaws..So,she is willing to join back by withdrawing the complaint.But the husband is not interested in taking her back. Is there any law that can convince him in taking his wife back? Husband is worried about family prestige and not taking her back.So,what should she do?She dont even have  a chance to talk to her husband as he is in abroad and she doesnt know his number. But becoz of the family wars ,should she ruin her life? Is there any way to deal this in a amicable way? Her lawyer tried talking to the opponent lawyer and informed him that she is interested in going back,but still the lawyer is not convincing them and runnig the game for the sake of money.How to fix this? She also agreed for all the conditions put by her husband,but he is not willing to do so.Please advice.



 12 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 July 2010

Dear Author,

I want to talk 2 u in person b4 giving u any suggestion on some issues.. U can call me at 9871158578.

Legal Fighter (Advocate)     18 July 2010

law can't convince or force any human being to live with the other. its very personal matter and keep yourself away from lawyers if you want to rejoin. I don't know if I could help you but may try. You can ping me by sending personal message as I can't give my contact number here in the forum.

Adv Archana Deshmukh (Practicing Advocate)     18 July 2010

dv complaint can give her a right to reside in the shared household of the husband, but relations when turn sour are out of the jurisdiction of the court to patch up by any legal order. However, when the court attempts to reconciliate by refering the parties to the conciliator, the wife may get the chance to talk to her husband.

sibasish pattanayak (lawyer)     18 July 2010

hi,

in addition with RAKHI BUDHIRAJA ONE of my friend i wud like to advise u that the complainant of dv act

may file a petition before the concern court u/s 14 of PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE  ACT 2005  with a prayer for councelling, conducted by the ld. magistrate or by appointing councellor for RECONCELLIATION. If the husband is not willing to go with this, there is no way to bind down him.

for clarification. pls call  RAKHI BUDHIRAJA     OR    SIBASISH PATTANAYAK,ADVOCATE. 09874854594 /09477090999 /09231668664.

 

regards

sibasish pattanayak,

              Advocate,kolkata.W.B.

e-mail id: sibasish_adv@yahoo.co.in

sibasish pattanayak (lawyer)     18 July 2010

RAKHI Mam,

pls go through section 14 of P.W.D.V.ACT 2005.

THIS may help the author.

regards

sibasish pattanayak

           Advocate.

Anil Agrawal (Retired)     18 July 2010

Joint back?

Asking for moon or getting it?

Munirathnam (Scientist)     19 July 2010

Hi,

 

File cases on wife U/s 191, 193 to 211 IPC. Then definitely wife wont come to your house. I recomend do not take her back at any time she will harm entire your family.

Satya Narayana Palukuru (Advocates & Mediators.)     20 July 2010

Hi friends

Make a distinction between DV and 498  and advice them .

In my  little knowledge there is possibility of reconcillation in Dv cases and counselling

U/s 14 plays importent role.

Siv (engineer)     21 July 2010

h

Anil Agrawal (Retired)     21 July 2010

DV, divorce and 498A cases only.

Rest is history.

aatma   22 July 2010

Better to go away from the husband. This is the best solution for both husband, wife and indian society.  This is the fate of false matrimonial cases in india. When wife files false case at the same moment the marriage is over. Period.
 
The following judgment is applicable to any kind of (DV, 498A, DP, CrPC...) false case filed by wife.

 
IN THE HIGH COURT OF DELHI AT NEW DELHI,
CRL. R 462/2002
DATE OF DECISION: May 19, 2003,
HON’BLE MR. JUSTICE J.D. KAPOOR


23.These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sistes, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.

24.These provisions have resulted into large number of divorce cases as when one member of the family is arrested and sent to jail without any immediate reprieve of bail, the chances of salvaging or surviving the marriage recede into background and marriage for all practical purposes becomes dead. Result is that major bulk of the marriages die in their infancy, several others in few years. The marriage ends as soon as a complaint is lodged and the cognizance is taken by the police.

Gayathri (Cnfidential)     11 September 2012

Mam,

I need some suggestion, I got divoced on 2010, but I like to rejoin with my husband, I cant able to forget him suffering lot o to be alone, but he is not interested to talk to me even i tried several times he is not interested and i have send sms also but no responce, My parents are forceing me for second marriage but i am not interested on that, the mail problem is he is not like me i dont know what to do pls help me


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