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Vinothkumar A   02 June 2023

Dswo officer forcing husband to live with wife

My friend's Wife left her husband after two months of marriage and false reported to everyone as husband throwed her out of home.She was very much abusive verbally and physically thorughout the two months of marriage also threatened him of dowry complaint on phone.

Now(after two months ) wife wants to live with husband again and complained to DV mentioning that she wants to live with husband, but my friend don't want to live with her again. The DSWO officer sending summons to my friend regarding this and calling him on phone to come and take back her wife, she also asked him to come for the enquiry on this. My friend is living in the different city and very far from the place where the DV is filed.

My friend approached a lawyer on this, lawyer instructed him to not attend the DV enquiry since husband don't want to live with wife and the also told that no need to send any reply notice to the DSWO for now.

Can a DSWO officer with police force the husband to live with wife ? What is the proper way to reply to the DSWO if the husband don't want to live with wife and wants only seperation. 



Learning

 5 Replies

Real Soul.... (LEGAL)     02 June 2023

FIle for divorse 

1 Like

Suhail suhail (LAWYER)     02 June 2023

You should file for divorce and that will be the right thing

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 June 2023

The DSWO is just a mediator in the DV complaint between the complainant and the respondent,

The DSWO, don't have any business with police to take any action along with the police in this case.

Besides, it is not a police case.

If there's no possibility for reconciliation, then the DSWO will revert the matter to regular court.

You can challenge her allegations in the court properly.

2 Like

Niharika Lohan   02 June 2023

Hi Vinoth.

I would like to inform you that it is the fundamental duty of a Mediator to try and reconcile disputed spouses. He/she can only advice and counsel both the parties but can certainly not force upon them.

In case that is happening, you can report the same to the Court and upon doing so, the Court will take appropriate steps.

Also, rest assured they have no purpose joining hands with the Police.

You can contact me at Niharikalohan@yahoo.com for any further questions regarding the same.

1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     03 June 2023

Let your friend and his wife may settle their dispute amicably and abondon legal recourse.

1 Like

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