Dv case on my husband

Smt. Bhavana

Madam

First of all let me write what I understand from your post:   Because there're no Sections in the IPC on Instigation and Provocation you feel that these are not offences.

Madam.   There's no Section on Kicks.    Is kicking not an offence?     Can you go on kicking others?

But I hate the above amteurish reasoning.

My New Oxford Dictionary of English ( NODE ) says:

instigate someone to/to do something  incite someone to do something, especially something bad.

You told you'd instigated.   Something good?    Nevertheless he slapped?      One doesn't incite a person to stop bad habits.    One advises, encourages.

The above reasoning too is amateurish.

provocative:   causing annoyance, anger, or another strong reaction especially deliberately

You caused anger in him and he slapped.

provoke: stimulate or give rise to ( a reaction or emotion, typically a strong or unwelcome one ) in someone.

Now let me draw your attention to Section 504 of the IPC.       Didn't you insult him?     You did.    Hence he slapped.     And he committed another offence.     So Sec 504 is attracted and you committed an offence.

Now to Defamation.     You said something.    He felt himself defamed.      Hence he slapped.      Now your contention would be whatever you said was true.     May be.    But you can't say so.      A man may say, " Bastard!"     It's not defamation.     A man can't say, " Your mother slept with him."    The man may be true.   But he should not say so.    It's defamation.

If you say advocates are dishonest, it's not defamatory.    If you say those advocates are dishonest, it's defamatory.

'Avocates are Kajia-Dalals' is not defamatory unless it aims at a particular group of advocates.   Narottamdas L ShahMaganbhai Revabhai 1984 Cr L J 1790 (Guj)

I have found a few other case laws.

Please write if you want much more elaboration.

Yes.   That's my opinion.     But that won't happen.    Her husband too committed an offence.   Though one offence doesn't cancel the other, both of them won't move the Court.

"Original post"

....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 ? ....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 ?

In every marriage it is not always, to borrow the inventions of Ramesh Singh, "JAPAN" nor laughter and Smile, but full of challanges with ups and down. The spouse may fight, kick, slap and threaten to divorce at the spur of the moment in the heat of rage etc, but that itself is not a ground to slap him with DV or even with 498a. and courts in India are not fool to grant your prayer on that score itself.

It appears that you are another Indian sleep walker woman, marrying without speaking to yourself, and now you want to wash your dirty linean before the whole world with the aid of your brother induldging in all chicanery, cheap and dirty means to humilate your husband with the intention of reaching the stage of divorce, shame on you.Mark my words, no courts in India will grant you the relief to achieve your diabolical objects.

some learned advocates say i can file DV on my husband along with other cases and some say courts in India are not fool to grant me divorce and some say my husband can file case on me for provoking me.

yes i agree i was not interested in the marriage,i cancelled the marriage even after the mandap was finalised because i was not interested in the marriage, but i stayed with my husband for 4 years provoking him humiliating him, i even made him to buy a house and other costly gifts. can i not ask for gifts when he was using abusive words on me ? i did not complain when he did all that to me. 

after he slapped and hit me i ran away from the house. how am i at fault ? i beg your pardon, pls advise.

If you want to live with your husband and if your husband is ready to receive you it's very nice.     Miya bibi razi  ........ 

Madam!   It's essential that you should be able to live hand in hand.      Not just like husband and wife.

I expect love in not only married life but also s*xual life.     I couldn't find love anywhere.     I'm innocent of women for the past forty years.      I'm extremely happy.     

Yes, why harass your hubby, go with dignity with procedurals, inspite of revealing yourslef with indignations.

Ramesh Sir, whatever, I like that "JAPAN" and 100% agree with your last comments too. Have a Nice Day.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.

Marriage is about adjustment.

If you dont like this husband you can change husband, but there is no guarantee that your next marriage will be peaceful or happy, you cant ditch one mans peace of mind/happiness for sake of your happiness and be happy.

Mr Singh and Mr Ansumi have right advised you.

If you did not want marriage, with this  man, it is your fault that you married him against your own wishes.

By filing cases like DV etc you will postpone getting divorced by anothr 15 years.  and no guarantee that court will grant you divorce by end of those cases.  It might be so that yo uwil still end up with same husband even after long unwanted court battle.

If you have some other setup, like boyfriend who you could not marry etc, all that are like oasis.  They wont marry you, you are used product now.  YOu will be treated like one if you marry some other guy whom you liked in the past.  Life will be terrible, it will be jumping from pan to fire.

Just take mutual divorce. Act mature way and talk to husband tell that yo uwant divorce. Take mutual divorce in 6 monthst time. You will be free of this man.

If your husband gets some good advocate like me, you might even end up going to jail for filing false case on husband, not just you but along with your parents.

Dont send pm.

You ask whatever you want to ask openly and take advice.

Be advised that, once yo uare divorced it will be dawn of new problems you did not even think of.