Domestic violence

Place for cause of action is irrelevant for jurisdiction of the court. Domestic violence is the willful intimidation, physical assault, battery, s*xual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, s*xual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically; however, the one constant component of domestic violence is one partner’s consistent efforts to maintain power and control over the other.

Jurisdiction in case of DV Case :-

Section 27 of the Domestic Violence Act, which is about jurisdiction reads as under: “27. Jurisdiction.- (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. (2) Any order made under this Act shall be enforceable throughout India.”

498A is different !

 

 

 

1) DV case can be pursued wherever wife chooses to file. Jurisdiction is very widely defined in this type of case. 

2) She can ask for rent and maintenance but whether she will get or not is different matter. If she is currently working, or has worked in past and you can show good proofs of this then her claim becomes weak. Work with experienced lawyer to defeat this case. 

3) It seems her 498A case was dismissed due to jurisdiction. Now she has made fresh case with new allegations. Her new case also seems to be on very weak foundation and may get dismissed again. One cannot keep improving allegations from one complaint to another - it casts serious shadow of doubt. She will need to corroborate this new incident with proof, her statement alone cannot be taken as prima facie evidence since allegation is improved from her first report. 

She is harass you. DV can be filed anywhere where she wants. Prove her education and job she may not entitled to maintenance. Fight 498a with your merits first appeal bail. Hire a good and experience lawyer. Try to quash it at early stage or ask your lawyer to appeal for speedly trials. File divorce case in your city.

Dear Sirs,

Thanks for all of your reply but frankely speaking I am too much tired to attend these all three cases at regular level becuase i have to go at kanpur in every month becuase of these all three cases, even we did not do anything as mentioned by my wife in her all cases, seriuosly too much tragedy with me becuase my advocate also forced to me to come at every date in each case at kanpur from ahmedabad......and when i went there just I have to sit there for whole day and next case date just i received every time.

I sincerely request all of you is there any good advocate at kanpur family court if you can suggest then it will be more useful for me. This is just becuase i can not tell all things in this forum so....

Why all theser laws are for only women even they filled false cases like 498A, domestic violence and 125 crpc......i feel so bad why I got married.....becuase just becuase of me my parents are suffering lot.......cant express my feelings here.....but can not understand what should I have to do now.....

Please advice sirs....pls.....

thanks

Umesh Verma

 

Change your advocate I think he might be purchased my opposite party. In your situation you have following options- 1) Instead of spending money and times in court pay her onetime alimony go MCD and got rid of her and all case. 2) after bail in 498 a go underground with your parents for sometime and let her roam court and spend her time and money. 3) hire a good lawyer you can search lawyer at this site. Ask your lawyer to offer some money on your behalf to opposite lawyer and clerk of court to make case in your favour. File divorce case in your city. Ask your lawyer for speedily trials and for arranging one common dates for all cases. If he dnt get speedily trials then ask him to arrange common date in long interval so other party will be fed up and go for settlement on your wish. Change your present lawyer. He is not in your favor. Life is your choice is you can choose any option.

1) In DV case you don't need to attend. Only lawyer is sufficient to attend dates because it is of civil nature. Fire lawyer if he is making you travel unnecessarily. In 498a don't apply for bail etc even if lawyer suggesting, don't receive notice of police by post. Respond only if police are coming in-person to your city with a letter asking you to cooperate with investigation. Until this time, let wife bang her head on walls of police station and court to get cognizance of her case. 

2) Work with a good lawyer and initiate a criminal case on your wife using CrPC 202 in your city. Usually you can make some grounds with allegations under IPC 420, 120B etc. that will be sufficient to get police notice and summons sent to wife and her parents. Once you can do this (it takes several months) half battle is over. She and her family will also have to run around, travel to courts in different city, hire a lawyer in different city etc. The game becomes on equal footing.

3) Once you can get case started in your city, wait to see which lawyer she hires in your city. Use connections to manage this lawyer and instill fear of arrests etc. Lawyers are very happy to do such things like telling their client that arrest can happen so they must apply for bail, they must attend date in person etc etc. This causes nice amount of round round running around tension and sleeping pills etc. Lawyer is usually happy to make some money from both sides of table.

4) Don't think too much about what can be proved during trial by you or her. Indian court system is not about winning or losing cases. It is only about creating sufficient ground to start a case and then drag case for decades to harass the other party via travel, legal fees and tarikh pe tarikh drama. 

5) Eventually the matter will be settled if you fight back using such tactics. You may have to give some token money to this woman as compensation in the end - think of it as legally sanctioned prostitution conducted by parents of wife in collusion with lawyers.

Dear All,

Many many thanks for giving me such positive reply and some ideas which will help me during my fight against these all false cases.

One another request to all of you please if possible suggest me good advocate at Kanpur so i can trnasfer my all cases to him.

Thanks once again to all...

Regards

Umesh Verma

 

I believe all the experts have discussed at length about the jurisdictional issue raised by the author.

Though she is entitled to file DV case at her own place, it can be challenged on the basis of jurisdictional limits as well as merits of the case and the evidence in your side should be able to support your claim to get her false case dismissed.