Upgrad LLM

domestic violence act - criminal section

Private Company Employee

Hi All,

I am Rajan from Salem. I have married a girl(A) who has completed Masters degree in 2013. We are from same district. My in laws have another daughter(B) who is younger to my wife. 

During the initial days of marriage my mother in law had forced me to stay in their home. I am a software engineer  working in Bangalore. I politely rejected their offer and stayed away. FYI - My Father in law is a quack doctor. I got a son after a year. My in laws(Mother, father, sister) and my wife brainwashed my son that me and my family(my father, my mother and my sister) are bad and do not stay with them. This happend and still happening. I had given a complaint twice to my district SP. But still this continuous. 

My sister in law got married(B) in 2015. My In Laws have asked my CB(Co-brother) also to stay with them. He had also rejected. He has more proerty. After 1 year they have also got a girl baby and same teachings have been done what they did for my son. My CB has found that my SIL has illegal contact with a married man. He also have taken proof from her mobile. After getting to know this my SIL had left his home and staying in her mother's(MIL) house. 

After 6 months My father in law and mother in law went with rowdies to my CB house and threatend his family. But by CB did not give any life threat case to police.

Now 10 months after she left had sent Domestic Violence Act notice to my CB, his father, his mother. They have been summoned to appear in person next week.

1. Can my CB avoid the appearance of my CB's mother as she is under stress?

2. My CB can prove that this is fake. Will court send our Mother in Law to Jail?

3. Can my CB take custody of his daughther. He has recordings where my Sister in Law scold/threaten her child to stay away from father?

4. What will happen if he proves that he is a clean man. Will it turn against my in laws?

Kindly provide us your valuable feedback.

Thanks!

 
Reply   
 
Retired employee.

This is usual story and your CB is a rich man, he can afford to avail professional services of a competent advocate and can easily come out of this muddle.  While we appreciate your concern to CB, please do not assume things and seek the guidance of professionals in an expert forum without any inputs  and for foretelling the future occurrences, as your CB is already handling the issue.

 
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Lawyer

It is advisable that your CB must seek professional services of a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.

Obligation of experts on this platform based on limited facts shall not help your CB.

 
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Lawyer

You will agree that your CB is to decide whether he wants to continue with his rougue and estranged wife or get out of his matrimonial issue(s)/ relation. Let him take his own decision, wait and watch.


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Advocate

The matter, though pending in a criminal court, is tried as if a civil case. You may notice from the summons that the CB and others are shown as respondents. not the accused. There is nothing to be concerned if they are innocent. They may engage a competent advocate and meet the issue on merits.

 
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