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husbandinneed   30 August 2015

Deny protection orders under dv act

Usually all wives ask for protection orders under DV from husband.
And in most cases husband has done nothing to get the order against him, 
Under what circumstances the order cant be passed? and what proof husband must give to make sure no protection order is passed?
 
and if order is passed does husband must leave his job if both work in same premises? (distance of approx 100 meters from each others office?)



 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 August 2015

What do U actually want from the legal experts?

husbandinneed   30 August 2015

Dear Sainath, 

Under what circumstance s the protection order is passed? My and my wifes office is in same premises, 

To tell you some more, she has filed a false DV on me. All the allegations are false and i got soem proofs as well, 

Apart from asking the recidence, interim and compensation benefits she has asked for protection order as well....

 

My question is, if there is not violennce is commited by husband (on the other hand) wife has commited violence ( i filed copule of NC's against her when she went hysterical, what proof that i need to give to court and if any protesction order is passed?

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

GO THROUGH SECTIION 18 OF THE DV ACT.

U have to defend all the allegations levelled against U with valid evidences

 

18. Protection orders.—

The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;

 (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;

 (d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;

 (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;

 (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;

(g) committing any other act as specified in the protection order.

 


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