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roshni   10 July 2015

Dv act

Hello All - I would like to understand whether the DV act permits the order to be passed after DIR submission and arguments. OR is it necessary for witness to record statements and cross examined? DV case was filed in Jan 2014 - DIR submitted in May 2014 - sent to mediation center which failed due to non appearance of respondents in Oct 2014 - respondents lingering the case on this plea or that plea. What should be the most correct strategy to go here? Is it advisable to seek "interim" order (DV case should be concluded in 60 days and it has already been 18 months). Should the case be challenged in higher court for the delay in order. Look forward to your responses. Thanks, Roshni


Learning

 16 Replies

stanley (Freedom)     11 July 2015

@ Roshni 

The  Bharat Ratna DV Act, 2005, allows a lady to claim the all reliefs u/S. 18, 19, 20, 21 & 22 of the Bharat Ratna DV Act 2005.

What are the reliefs you have asked for ?? can you specify

All or any reliefs under S(s). 18,19,20,21 & 22 of the Act can only be claimed along with the application / petition filed u/s 12 (1) of the Act


 If the reliefs under those Sections are claimed along with petition filed u/s 12 of the DV Act, one need to see, when the cause of Action has arisen, whether the Act was in force at that time or not?. If the cause of Action dates prior to commencement of the Act, then the very petition filed u/s 12 (1) becomes null & void and no reliefs can be granted.

 what if a lady is found to be abusing the beneficial provisions of law? Does the statute provide any remedy? The simple answer is "No". Then, under casus omissus principle, the interpretation under general law applies and there is S. 340 of CrPC ( Pre-jury )

 If you are  working or in a capacity to work not working just to live as a parasite on your husbands hard earned money - then you are  not entitled to any maintenance. Have you asked for this relief being a working women !!

You have to file a affidivat rather than blaming the respondent for the delay after the filing of your affidivat than your cross examination would take place and than he would have to file a affidivat and than his cross examination would take place and than arguments  .Than witness summons . witness cross examination . calling of bank statement etc .Calling of employer etc and than judgement

What is your lawyer saying . Dont you have faith in your lawyer . Why havent you questioned  your lawyer whom you are paying for the case that if within 60 days of the filing of the petition  as per law reliefs have to be paid why isnt he capable of getting these reliefs from the court .

Now from my point of view your case may take 5-7 years to come to a conclusion . Didnt your lawyer advise you this . Since one day you may be absent than your lawyer than sometimes your lawyer goes out of station , the same happens with opposite party the sometimes judge is absent sometimes clerk is absent some times strike goes on . so on and so forth .smiley

roshni   13 July 2015

Thanks Stanley for your response! The path to justice if difficult but not impossible. I have faith in my lawyer but there is always room for improvement and I appreciate this platform for it. Yes I am working but that does not imply that the rights of a wife ends there :) ...and believe me no one told me that DV cases go for 5-7 years.. not even on blogs. That's News to me!! There have been few cases where law has been misused but then it should not fail where it is required. I see many disparity in your statements to the DV act spirit. None the less, thanks!!

Adv k . mahesh (advocate)     13 July 2015

thus your lawyer filed any interim maintenance and what was the result for that and any evidences have you filed like salary slip of your husband

roshni   13 July 2015

Yes - we have filed the "offer letter" which states the total compensation of my husband. We are still deliberating whether to file for interim or not... we all know it takes "dates" to do so...

Thanks!

Adv k . mahesh (advocate)     13 July 2015

as you are working so interim maintenance or the final maintenace take 50 50 chances but if your lawyer can prove that the salary what you is getting is not sufficient to maintain best standard of living then interim petition will be granted

say husband is getting 100000 and wife getting 10000 here court will grant 15 to 20000 as maintenance and if any children then for them also

roshni   13 July 2015

Thanks!

As far as I know there is a difference between "maintenance" and "compensation" as per DV act.

I am claiming "compensation" and not "maintenance".

 

 

stanley (Freedom)     13 July 2015

@ Roshni

I can read your mind .you are not confident of your lawyer and neither do you trust him hence this post surprise 

Communiate with the people who filed DV cases than only would you realise how long the cases run for  .you talk about DV spirit please elaborate . Majority of us know the DV spirit and the wicked smiley you have placed devil

 Your query is incomplete . The facts have not been stated clearly in your post to give you a proper response . 

Compensation against what can you narrate ?? What DV have you suffered devil

roshni   13 July 2015

Dear Stanley,

Wish reading minds were so easy!!

 

I am confident of my lawyer, she is an expert in these matters.. but "we" as a team are fighting this battle out.

Compensatuion against the mental and physical tortures :)

I am quite well versed with the DV act per say but wanted some practical inputs here.

 

As far as quoting " as far as i know".. thats a figure of speech and not distrust on my lawyer.

I am trying to draw the line between theory and practical, that's all.

I am not scared of prolonged battle... The path of truth is never easy.

 

The wicked smileys are not for me... keep them for wickedness :)

 

All the best to each one of us!!

 

 

stanley (Freedom)     14 July 2015

@ Roshni 

Normally from my experience one who suffers DV are in a state of shock but you seem to be in a cheerfull spirit devil 

Okay take for instance i agree with you that you suffered mental and physcial torture . 

Now can you  state how would you prove that DV occured inside four walls of the bedroom cheeky.Since there would be  no witness present inside your bedroom .

The next question that would be pointed out as to why  no FIR was filed  ??

Further in order to prove that you were physcially tortured 

 

your opp counsel would state that there  is no evidence submitted even in the form of a medico Legal report which consists of the date the time the place of examination , name of the patient his / her residential address, occupation name of the police official accompanying. Informed consent of the person being examined . Body findings which includes a complete descripttion of the injuries /any other findings present /Nature of the injury /duration of the injury based on the characteristics of the external injury  on the applicant .

 

Whenever a medico-legal case is admitted or discharged, the same has to be   intimated to the nearest police station which has not been so in this  case . While discharging or referring the patient, he/she receives the Discharge Card/Referral Letter, complete with the summary of admission, the treatment given in the hospital. Do you have this .

And even if you have all this FIR , Reports than the Reception, Nurse the Doctor would be summoned and cross examined . 

This is just a sample the opposite counsel can drag you  on and on so be prepared and ready devil

 

roshni   14 July 2015

2 years takes up the emotions Stanley!!

...and strong women do need to realise thier self worth and learn to remain composed and "choose" happiness than grief over some "loser" forever!!!

Physical and Mental and Economical tortures - I have witness in India and abroad... and all bank documents stating it.

Tortures just dont happen in "Bedroom".

 

Medical board - oh I so dream they set up one ... as I have submitted reports of my husband not being physically fit and so turns to violence in frustration... I would love they set up a medical board on him  :)

There is an FIR lodged! NCW (national commission of women) also taken cognizance of DV.

But, needless to say that all these r not in DV ... another FIR already running. and we will talk about it all there. I do not need to do a "media trial" here...

 

I seeked "strategy" and pratical opinion but the platform seems to be prejudiced to assuming facts.

Thanks but seems the normal "male" mind set is that an oppressed female should always keep crying. I defy that rule :) :)

 

Cheers to Life!!!

 

roshni   14 July 2015

Well I dont think a public platform is suitable for personal comments. Wish u know some etiquettes of social media Mr Jothish Kumar!!

Adv. Chandrasekhar (Advocate)     14 July 2015

DV ACT CASES RUN FOR A LONG AND HENCE WOMEN SHOULD NOT FILE DV CASES

Wrong.  Indian Courts take very long time for deciding the cases.  That should not be reason for the victims not to approach the courts.  In robbery cases it takes 8 to 10 years, in murder cases it takes about 10 years, in rape cases, it takes to 6 to 8 years (exception in some cities like Delhi, where Fast Track Courts are running - here also it takes 3 to 4 years), Dowry death cases about 8 to 10 years (do not file dowry death case because it takes 8 to 10 years and let your BIL and SIL get away to murder some other innocent girl), Dowry prohibition Act cases also about 5 to 6 years and finally Section 498-A cases (most of them are settled within two years by husband paying compensation, otherwise run 5 to 6 years).  Come on civil side, the contested divorce case takes not less than 5 years, rent cases about 7 years, suit for possession for about 12 years, motor accident cases about 7 years.  All these are only in trial.  If the party goes to appeal in HC or SC it takes as many years as in trial if not more.  So, if prolonged time it takes is the reason not to approach the court, then you cannot go to court for any reason whatsoever.  You can be robbed, your mother or sister will be raped, you are thrown out from your rented premises by your land lord, your agricultural, commerical property has been forciably taken by neighbours, whatever happens to you, as it takes so much time, so do not go to court.  Sulk yourself in your backyard.  Damn dirty argument. 

IN DOMESTIC VIOLENCE CASE, YOU HAVE NO MEDICAL CERTIFICATE OR POLICE COMPLAINT YOU WILL NECESSARILY LOSE THE CASE.

Again wrong.  It is lack of legal knowledge, more particularly in evidence Act.  Domestic Violence Act is a specific Act.  The physical violence perpetrated by the husband against the body of the wife, the courts know, that the wife scurries to the hospital to get treatment.  A slap, a punch, a kick or that sort does not require medical attention.  But it is violence on the body and soul of the woman.  Courts take cognizance of such situation and compensation is awarded.  Oral evidence has got its value and it has got predominant value than police complaint or medical certificate.  DV case, while analysing the evidence of physical and mental violence (for mental violence you cannot produce any material evidence), put it to test of preponderance of probability and the deposition  and demeanour of the witness takes the court to come to the conclusion.  It is not beyond reasonable doubt to prove a fact that is required in DV cases.

Even the crime that is committed within the four walls also can be proved without the aid of medical certificate and police complaint.  But talking such measures takes so much time and it is not required on this forum.  It is enought to know that these facts can be proved without medical certificate.

DV ACT AND SECTION 498-A ARE BEING MISUSED BY UNSCRUPULOUS WOMEN, SO THEY SHALL BE TAKEN AWAY FROM THE STATUTE BOOK.

The most abused law is Income Tax Law.  Similar is the Insurance Law. Most of the Acts in India are misused by resourceful persons.  But, we do not demand for removal of these laws, because removal of law is not the solution to stop misuse.  The courts are there to find out and stop the misuse of law.  There are a vast sections of the women, harassed, intimidated, physically abused by husband and inlaws.  The cultural values of India are totally against women and they are treated second class citizens.  To give them equal treatment, these beneficial provisions have been brought.  These Acts are also passed in tune with International conventions and similar laws are prevailing in other countries.  Some ill-informed persons, vested interests try to say that their laws are gender neutral and I know their laws and they are askewed towards women for the sole reason that from the centuries till date, women have got raw deal in economic, political, educational and social life, even though they consist half of the population.

COMING TO YOUR  SPECIFIC QUERY:

1.  You should file interim relief application, because in most of the reliefs, in DV cases, interim relief can be granted on the basis of prima-facie facts and balance of convenience.

1 Like

roshni   14 July 2015

Thanks Chandrasekhar sir!! Much appreciate it!!

stanley (Freedom)     14 July 2015

Originally posted by : roshni

2 years takes up the emotions Stanley!!

...and strong women do need to realise thier self worth and learn to remain composed and "choose" happiness than grief over some "loser" forever!!!

HERE MY TAKE IN RED 

A Real Woman Is Honest

A Real Woman Is Strong And Independent

 A Real Woman Is Secure

A real  working women does not dont tend to feed on a male  like a parasite.  

Physical and Mental and Economical tortures - I have witness in India and abroad... and all bank documents stating it.

Now first you had only stated just physcial and mental torture so now you have added another that is economical Torture 

OMG God you being a working women are stating economical torture frown 

Now my next point to you is if DV has taken place abroad than you would be questioned as to why no DV case filed abroad hence the question of jurisdiction would arise for the allegations that you may have stated that must have happened abroad .


Tortures just dont happen in "Bedroom". 

Now can you state where does it happen ?? or where does it happen :-)

Medical board - oh I so dream they set up one ... as I have submitted reports of my husband not being physically fit and so turns to violence in frustration... I would love they set up a medical board on him  :)

While you married your husband was physcially fit and like a pie now  smiley Now that things have turned sour he has become physcially unfit  devil I have to state you have not understood what i meant by legal report and hence your reply of a medical board surprise

There is an FIR lodged! NCW (national commission of women) also taken cognizance of DV.

Did NCW send you for a checkup after your FIR ?? And what are the IPC sections on which the FIR is registered can we know ?? 


But, needless to say that all these r not in DV ... another FIR already running. and we will talk about it all there. I do not need to do a "media trial" here...

 if all these are not DV than Why DV case has been filed ??cool

your sentence is contradicatory about another FIR you want to talk like a media trial over there and not here ??

I seeked "strategy" and pratical opinion but the platform seems to be prejudiced to assuming facts.

 

Thanks but seems the normal "male" mind set is that an oppressed female should always keep crying. I defy that rule :) :)

The attitude of a dominant Female mind set when encountered crying
 

Cheers to Life!!!

 

 


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