IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bhavana   20 January 2018

Dv case on my husband

if i file DV on my husband what will be the punishment given to him ? he nor his fmaily members never demanded dowry from me or from my family members. recently i had a fight with my husband, he used abusive words on me and slapped me. so can i file DV on my husband and what will be the punishment ?



Learning

 51 Replies

TGK REDDI   20 January 2018

You can file DV Case.      I can't predict the outcome.

Remember, the husband who beats his wife is, if you ask me, not necessarily bad.


(Guest)
Originally posted by : bhavana
if i file DV on my husband what will be the punishment given to him ? he nor his fmaily members never demanded dowry from me or from my family members. recently i had a fight with my husband, he used abusive words on me and slapped me. so can i file DV on my husband and what will be the punishment ?


Highly appreciate Mr Reddi and Mr Singh;s reply. You should follow their advice.

You are unfit for married life.

You are fit to roam to court.

You file 125 crpc, 499 IPC, and 377 IPC along wiht entire sectoins under DV act 2005.

Women should be respected, even if they sleep around. In that you did not sleep around but still he slapped you. Right time to give slap back.

File all the above cases. Each at gap of 15 days in 3 different places.

Let him roam court. a to b to c.

He will never raise hand on even ant if it bites him in the ear.  All the best.


(Guest)
Originally posted by : bhavana
if i file DV on my husband what will be the punishment given to him ? he nor his fmaily members never demanded dowry from me or from my family members. recently i had a fight with my husband, he used abusive words on me and slapped me. so can i file DV on my husband and what will be the punishment ?


Highly appreciate Mr Reddi and Mr Singh;s reply. You should follow their advice.

You are unfit for married life.

You are fit to roam to court.

You file 125 crpc, 499 IPC, and 377 IPC along wiht entire sectoins under DV act 2005.

Women should be respected, even if they sleep around. In that you did not sleep around but still he slapped you. Right time to give slap back.

File all the above cases. Each at gap of 15 days in 3 different places.

Let him roam court. a to b to c.

He will never raise hand on even ant if it bites him in the ear.  All the best.

Krishna   20 January 2018

In fit of rage your husband might have behaved. Introspect your role and is he behaving same way regularly with you? Once you file the case your relationship will go southwards. Outcome may be unpredictable. Both have to run courts

Vijay Raj Mahajan (Advocate)     20 January 2018

If your husband indulging in physical violence towards you, under the DV Act Protection order will be filled against him for keeping distance from you, not to indulge in physical domestic violence and stay away from the room or place where you live or remain away from place of your work. In case after the order of protection order made against him, he still indulge in domestic violence, he can be sent to jail for such period the court so decide. For repeated acts of domestic violence he can even be prosecuted under section 498a IPC where the punishment is up to 3 years and fine.
1 Like

bhavana   20 January 2018

Originally posted by : Vijay Raj Mahajan
If your husband indulging in physical violence towards you, under the DV Act Protection order will be filled against him for keeping distance from you, not to indulge in physical domestic violence and stay away from the room or place where you live or remain away from place of your work.
In case after the order of protection order made against him, he still indulge in domestic violence, he can be sent to jail for such period the court so decide. For repeated acts of domestic violence he can even be prosecuted under section 498a IPC where the punishment is up to 3 years and fine.

 

actually i instigated and provoked him 

TGK REDDI   20 January 2018

Instigation and Provocation are offences.    You don't want to be punished.      You want your husband to be punished.     That's why I doubted that your husband was not necessarily bad.      You shouldn't expect your husband not to take law into his hands, keep cool like a coward and go to law.     You too took law into your hands.     In stead of instigating him, you should have moved the court.

It's easy for me to preach.     It's almost impossible to avoid maladjustments.   

Remedy?      Don't marry; be happy.

bhavana   20 January 2018

Originally posted by : TGK REDDI
Instigation and Provocation are offences.    You don't want to be punished.      You want your husband to be punished.     That's why I doubted that your husband was not necessarily bad.      You shouldn't expect your husband not to take law into his hands, keep cool like a coward and go to law.     You too took law into your hands.     In stead of instigating him, you should have moved the court.

It's easy for me to preach.     It's almost impossible to avoid maladjustments.   

Remedy?      Don't marry; be happy.

 

sir the truth is, as you guessed, i was not interested in this marriage. my family forced me into this marriage. so i insisted and provoked him, even my elder brothers used abusive words on my husband. to come out of the relation i provoked my husband. my husband slap me and hold my hand to stop me from leaving the house.under what sections of IPC instigation and provokation are offences ? don't try to scare me

Krishna   20 January 2018

If you are not interested in your marriage, speak to your husband and leave peacefully. By marrying him, you not only spoiled his life and your life also. Now you want further to spoil your husband life miserably. Go for MCD.Remember no man will marry a woman who filed cases against her previous husband.

bhavana   20 January 2018

Originally posted by : Ramesh Singh
@ Mr. REDDI Sir, now Smt. Bhavana (Querist) is cross examine you.

pls answer under what sections of IPC instigation and provokation are offences ?

TGK REDDI   20 January 2018

Under Sections 500 and 503 of the IPC among others.

bhavana   20 January 2018

Originally posted by : TGK REDDI
Under Sections 500 and 503 of the IPC among others.

 

The Indian Penal Code. 503. Criminal intimidation

The Indian Penal Code. 500 Punishment for defamation

‚Äčthese are not the proper sections for instigation and provacation !!‚Äč

TGK REDDI   20 January 2018

I request Smt. Bhavana to give me a day or two for enabling me to give an elaborate reply.

I've to cook my food now, go to bed immediately, wake up at 3-00 am tomorrow and leave for Vijayawada. 

bhavana   21 January 2018

do you people mean that if i file DV on my husband he will slap cases U/S 108, S 108A & S 107 ? is it not crime slapping and hitting wife forget if i provoke or instigate him ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query