Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sekar   10 January 2018

Dvc against wife by my mother

My wife filed 498a (May 2015), DVC (Nov 2016), crpc 125(Sep 2017). 

498a is in examination stage (me, mom, dad, sis, 3 other extended family)

DVC: I am filling counter in 10 days, she mentioned all 7 members who are in 498a but judge sent summons only to me, excluded all of them

crpc 125: I am filling counter in 10 days.

----------------------------------------------------------------------

After filling all these three cases, my wife is calling my mother, father regularly and abusing with filty language, threatening to file more cases, asking for property and maintenance(i have call recordings for this.)

Recently in 30 days she had visited my parental house 2 times, standing in front of the house taking the pics and videos of the house to create panic in my parents and threatening them to bring the media and put up a tent and do darna in front of the house. 

I have also went to local police station to report this incident but as usual they are least interested to even accept the complaint.

My question is can my mother file the DVC against my wife at this stage? If yes should my mother directly go to the court to file DVC against my wife?

What are the consequences of this counter case?



Learning

 9 Replies


(Guest)

Your mother can also file DV case, but has to report to lodge her complaint with the local police for appropriate investigation.

 

Sekar   10 January 2018

Two days back I went to police station to report the incidents but he simply ignores the complaint says you can directly complain this incident to the magistrate in ongoing cases. There is no way we can take this complaint.

More over when my wife filed the DVC, she had directly filed the affidavit to the magistrate but not in the police station. I am confused.

Vijay Raj Mahajan (Advocate)     10 January 2018

Domestic violence complaint by a woman is or has been living in domestic relationship can file direct complaint in the court of the magistrate against the respondent who has committed acts of domestic violence against her. No police complaint required in the complaint case under the Protection of Women Against the Domestic Violence Act, 2005. The Magistrate will order for protection report from the Protection Officer who investigate and prepares that report. You mother can file direct complaint case against your wife for all the acts of domestic violence committed by her.

Sekar   10 January 2018

Originally posted by : Vijay Raj Mahajan
Domestic violence complaint by a woman is or has been living in domestic relationship can file direct complaint in the court of the magistrate against the respondent who has committed acts of domestic violence against her. No police complaint required in the complaint case under the Protection of Women Against the Domestic Violence Act, 2005. The Magistrate will order for protection report from the Protection Officer who investigate and prepares that report.
You mother can file direct complaint case against your wife for all the acts of domestic violence committed by her.

Thank you sir for your valuable input.

one more thing i am concern about the backfire, because i am facing 498a, dvc, crpc 125 in different court (750km away and different state). are there any side effects of this counter case and do my mother get any protection from my wife from entering my old parents live in this small village in ancestral home. But I live in different city in Men's hostel (my wife is unaware of this address). All the properties are in my parent’s name.

Are call recording and call data is enough to file this case in the court?

 


(Guest)

nothing mych will happen. she will get some montly money through you.

you ur dad mom ++++ all will tear hair.

pay some advocate.

you will open new ID here by name dv fighter/499  cruiser.

you will be brainwashed by ppl like you that youll get justice.

you will learn laws under family section.

you might also want to commit suicide at some point.

these are bound to happen.

you cacth hold of honest hard working lawyer first.

Sekar   11 January 2018

Originally posted by : Adv Raj Malhotra
nothing mych will happen. she will get some montly money through you.

you ur dad mom ++++ all will tear hair.

pay some advocate.

you will open new ID here by name dv fighter/499  cruiser.

you will be brainwashed by ppl like you that youll get justice.

you will learn laws under family section.

you might also want to commit suicide at some point.

these are bound to happen.

you cacth hold of honest hard working lawyer first.

Hmm.. thanks for your reply.


(Guest)

Dont waste life in court halls. Courts are buisness places for lawyers.

Sekar   11 January 2018

Originally posted by : Adv Raj Malhotra
Dont waste life in court halls. Courts are buisness places for lawyers.

 

 

I totally understand your concern, but the thing is my wife is asking for a huge settlement which i cannot afford, on top of that she is filling the cases as if she is buying a train ticket, She had also filed crpc 506 on a 75 years old neighbor who came to rescue my parents when she was abusing. recently his case was settled in Lok Adalath.

Just because we are not opposing her actions becasue of these gender biased laws, she thinks that she can do anything and no one ever questions even courts.

So where is the STOP?


(Guest)

what were you doing when your wife was behaving like rowdy? You need some 75 years old man to resuce your parents?

Simply calculate your average life span.  multiplied by per month alimony.

If the figure exceeds what wife is asking then better fight the cases.

If what she is asking is less than what you will pay each month to her till you are alive, say for next 70 years, then better throw money and take dviorce  now. remarry some good girl.  I have marriage bureau, good girls are there.  You can contact me after divorce.


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