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NM (j)     24 May 2017

Compensation in dv

My wife has claimed 25lac compensation U/s Section 12 DV Act. She is a Govt employee. We don’t have kids also. Earlier we filed a mutual Divorce petition U/s 13B HMA, and after getting all her streedhan she withdraw from the mutual petition. Is she eligible for any compensation being a Govt employee? Though she has not claimed any maintenance.


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 21 Replies


(Guest)
Originally posted by : NM
My wife has claimed 25lac compensation U/s Section 12 DV Act. She is a Govt employee. We don’t have kids also. Earlier we filed a mutual Divorce petition U/s 13B HMA, and after getting all her streedhan she withdraw from the mutual petition.
Is she eligible for any compensation being a Govt employee? Though she has not claimed any maintenance.
Central Government Act
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after s uch set off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
 

She is eligible because she is woman. and you have to pay because you are man.

1 Like

Sachin (N.A)     24 May 2017

Originally posted by : NM
My wife has claimed 25lac compensation U/s Section 12 DV Act. She is a Govt employee. We don’t have kids also. Earlier we filed a mutual Divorce petition U/s 13B HMA, and after getting all her streedhan she withdraw from the mutual petition.
Is she eligible for any compensation being a Govt employee? Though she has not claimed any maintenance.

For any benifit in DV Act she has to prove her allegations and calculation behind the amount claimed. If she fails any of these two she will not get any compensation.

Sachin (N.A)     24 May 2017

Your wife is earning so don't worry much about DV Act. 

saravanan s (legal advisor)     24 May 2017

since she is a government employee and doesnt have kids the chances of her being awarded maintenance is slim.for that you need to provide her employment details form 16 etc to the court to prove that she is living a comfortable life and she doesnt need any maintenance as such

victim (master)     24 May 2017

She can get compensation only if she proves domestic violence against her by you and your family, and due to such dv any loss of her earnings and medical or other relevant expenses beared by her. If above points are proved then she being a govt employee is no bar to get compensation.

(Guest)

COURT WILL SELL YOUR VALUABLE AND PAY HER.  YO UCANT GET AWAY WITH PAYING ALIMONY OR MAINTENANCE.

1 Like

NM (j)     24 May 2017

The DV case was registered in 2014, then in 2015 our mutual divorce petition was filed. She never withdrew her case. Now again she is active with DV. However since 2014 she hasn't submitted any evidences or witness.

Ms.Usha Kapoor (CEO)     25 May 2017

Is you inflicted any injuries in Domestic vbiolence she isitled to compensation if she has earned but for injuries and also medical expenditure if she proves her injuries etc.Her Government Job doesn't come in trhe way of her getting compensation ands Medical expenses etc

NM (j)     25 May 2017

No there were no injuries, neither her DIR has mentioned. Its an all fake case only to harass me. On every date her advocate comes and sign the attendance sheet, only to make the case alive. No evidences or eyewitness since 2014, but only a DV petition filed by her in 2014.

(Guest)
Originally posted by : NM
No there were no injuries, neither her DIR has mentioned.
Its an all fake case only to harass me. On every date her advocate comes and sign the attendance sheet, only to make the case alive. No evidences or eyewitness since 2014, but only a DV petition filed by her in 2014.

COMPROMISE WITH WIFE, OR ELSE YOU WILL SIMPLY GO AND COME TO COURT AS IF IT IS ONE DUTY. LATER ON YOU WILL GO TO JAIL SOME DAY.  BE CAREFUL.


(Guest)
Originally posted by : NM
My wife has claimed 25lac compensation U/s Section 12 DV Act. She is a Govt employee. We don’t have kids also. Earlier we filed a mutual Divorce petition U/s 13B HMA, and after getting all her streedhan she withdraw from the mutual petition.
Is she eligible for any compensation being a Govt employee? Though she has not claimed any maintenance.

SOLVE MATTER AMICABLY BY PAYING WHAT SHE WANTS.

NM (j)     25 May 2017

Sir, we applied through 13B, but she didn't withdrew her cases, and the 13B got dismissed. So all the cases are again returning. Morovere i am able to SUCCESSFULLY clear my brothers name from 406 & 498a. I also got free from 406. Only 498a remains on me......

(Guest)
Originally posted by : NM
Sir, we applied through 13B, but she didn't withdrew her cases, and the 13B got dismissed. So all the cases are again returning.
Morovere i am able to SUCCESSFULLY clear my brothers name from 406 & 498a. I also got free from 406.
Only 498a remains on me......

Image result for FUCKING ASS HOLE CARTOON

YOUR WIFE TELLING THIS TO YOU.

UNTIL THERE IS 498A PENDING ON YOU, YOU ARE NOT FREE MAN.  TRIAL WILL CONTINUE AND IF FOUND GUILTY.  YOU WILL GO TO JAIL FOR 7 YEARS OR MORE PLUS FINE OF 10000 EXTRA ALONG WITH WHAT DOWRY YOU TOOK YOU HAVE TO GIVE BACK ALONG WITH INTEREST.

YOU TAKE DOWRY AND MARRY THIS IS WHAT IS GOING TO HAPPEN.

MARRIAGE IS DONE FOR COMPANIONSHIP AND NOT A FORM OF BUSINESS.  WHY YOUR WIFE WANTS TO TROUBLE YOU IS, SHE HAS TAKEN EVERYTHING PERSONAL.  WHY NOT? YOU HAVE FUCKED HER AND SHE IS ROYALLY FUCKING YOU IN BROAD DAY LIGHT.

NOW YOU INCREASE THE BID AND TRY TO CONVINCE HER TO GIVE YOU DIVORCE.

IF SHE AGREES FINE, IF SHE DOES NOT, YOU ARE JUST WASTING TIME ON THIS FORUM.

NM (j)     26 May 2017

1. I have not taken any dowary 2. All the streedhan has already been given back to her. 3. She was having an affair with her colleague and when i got to know this, all these court cases were started, as i didn't gave her divorce. 4. Mahia Thana has already cleared me and my brother from 498a/406 5. She again made the reinvestgation done through a different Mahila Thana and they again put me in 498a, for which she is not coming to court. On last date the court issued bailable warrant against her.

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