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ask (-)     24 October 2012

Domestic violence

Hi My name is Arjun,

Myself got married to a girl in neighbour state this year Feb 2012. Prior to marriage my family said to them i will stay in my wife district for 2yrs. and then both of us will get transferrred to my city for further settlement. We made sure that this ll be the plan.

After marriage since day 1 my wife started asking when ll i get transfer? and later her parents started torturing me and said i need to stay there for min 4yrs. and then my wife will stay here and there for few more years before considering settling in my city. Then she said she doesnt like working in my city.

After bothside parental discussion which ended up in big argument they left, and now my wife filed an domestic volence case and i received a summon to appear. No further information given from their state court.

My question is

How can she give this complaint when she stayed with me for 2days post marriage and another half a day?

If i appear in court do i need to worry for any police/arrest issues?

Can i ask for transfer of case to my state/city court as i wont be able to travel 330km also financially difficult?

Please advice me.



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 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

DV case is filed in CAW (crime against women ) cell.

2 Like

stanley (Freedom)     26 October 2012

 

Originally posted by : ask


Hi My name is Arjun,

Myself got married to a girl in neighbour state this year Feb 2012. Prior to marriage my family said to them i will stay in my wife district for 2yrs. and then both of us will get transferrred to my city for further settlement. We made sure that this ll be the plan.After marriage since day 1 my wife started asking when ll i get transfer? and later her parents started torturing me and said i need to stay there for min 4yrs. and then my wife will stay here and there for few more years before considering settling in my city. Then she said she doesnt like working in my city.After bothside parental discussion which ended up in big argument they left, and now my wife filed an domestic volence case and i received a summon to appear. No further information given from their state court.

My question is

How can she give this complaint when she stayed with me for 2days post marriage and another half a day?

Cool Lot of false Dv cases being filed nowdays even if your marriage is one day old she can file .

If i appear in court do i need to worry for any police/arrest issues?

No arrest in DV case smile at judge since its the first time you are visiting court  and than regurarly its full time pass . Your lawyer will sumbit his vakalatnama and go back nothing will happen on that day so relax . After trial maybe many months they may pass protection order only if there is breach of protection than under sec 31 of the act criminal proceedings start .And dont worry if she is working and she has asked for maintanence no maintanence .
 

Now what are the reliefs asked in the case and under what sections can you name them .

Tajobsindia (Senior Partner )     26 October 2012

 

Originally posted by : ask

 

Myself got married to a girl in neighbour state this year Feb 2012. Prior to marriage my family said to them i will stay in my wife district for 2yrs. and then both of us will get transferrred to my city for further settlement. We made sure that this ll be the plan.
Take: Actually you should not have agreed any third party to make decisions for you not that you are married. Say tomorrow someone from either side says produce 12 children; 6 as per FIl wishes and 6 as per your fathers wishes will that be called "agreed for the plan" And if no then why not now ?

After marriage since day 1 my wife started asking when ll i get transfer? and later her parents started torturing me and said i need to stay there for min 4yrs. and then my wife will stay here and there for few more years before considering settling in my city. Then she said she doesnt like working in my city.
Take: Colly. same reply as in above for this para facts.

After bothside parental discussion which ended up in big argument they left, and now my wife filed an domestic volence case and i received a summon to appear. No further information given from their state court.
Take: If you have received Notice then hire an advocate and ack. submissions and contest her allegations sets in her complaint.

My question is

How can she give this complaint when she stayed with me for 2days post marriage and another half a day?
Take: If a metro wife gets married and remains married even for 60 minutes with her husband she can turn back and say "continuation of offences" thus DV Complaint. hence it is not unheard of parallel to what you specifically say 2 days or half a day. Take all these as bad karma and if you are harassed husband then contest dream allegations. .

If i appear in court do i need to worry for any police/arrest issues?
Take: DV Complaint trial stage arrest are not made.

Can i ask for transfer of case to my state/city court as i wont be able to travel 330km also financially difficult?
Take: Actually yes and you can ask for conveyance money. But the irony here is that it is filed in different State and only Hon'ble SC has power to transfer cases and it is expensive and time consuming and highly strategic based move. Discuss with an Advocate and act accordingly.

I am aware even men can be harassed. So be brave and face the charges. Your long term remedy lie sin meeting fellow victims of gender biased Laws more than remaining glued to internet forums. It is a long walk ahead and internet forums are not the right support a harassed husband feels comfortable with. Hence Goggle Save Indian Family and its nearly 40 sister NGO’s and join their weekly meetings and get commando training on how to protect and come out winning from such legal terrorism unleashed by 2 days + half day old stayed metro wife’s allegations.  

 

 

stanley (Freedom)     27 October 2012

Originally posted by : Tajobsindia

Originally posted by : ask


Myself got married to a girl in neighbour state this year Feb 2012. Prior to marriage my family said to them i will stay in my wife district for 2yrs. and then both of us will get transferrred to my city for further settlement. We made sure that this ll be the plan.
Take: Actually you should not have agreed any third party to make decisions for you not that you are married. Say tomorrow someone from either side says produce 12 children; 6 as per FIl wishes and 6 as per your fathers wishes will that be called "agreed for the plan" And if no then why not now ?
 

 

Family planning will go for toss. The population of india would surpass China. As of date allocation of LPG is only 6 cylinders a year . New LPG connections are not at subsidised rates (But at  Rs 900 per Cylinder ). Wife will never leave husband with 12 children ( she will fall at husbands feet worship husband like god ) to manage she  will stick like a leech . Where ever husband goes she will tag 6 children with her and the remaining would be tagged by the husband .:)

Rahul Kapoor (Legal Enthusiast)     27 October 2012

attend the date. avoid skipping. settle matter as soon as possible.


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