Need advice in pwdva

Sachin (N.A) 23 March 2017

Family members who did not stayed together with complainnant as joint family and stayed separately, cannot be made respondent to the DV act.

So first you need to file discharge application in trial court.

1 Like

Sachin (N.A) 23 March 2017

Family members other than husband need not to appear personally in court, lawyer can represent them in court . They need to file exemption application.

(Guest)

Originally posted by : Ronak
	Respected All Along with 498a filed in oct 2016, my enstrange wife has files DVA case u/s 18,20,22,23 in which names of my mother father me, my uncle, my aunty and my brothers are involved, out of which my uncle and aunty never resides with her, and my brother is living out of city since last 7 years So what could be done in such condition, Can my mother or aunty files any counter case on her, or my brother as he is living separately? Please do reply next date of hearing is 29/03/2017 Thanking you all.....

Dear Ronak,

You wanted suggestion hence you chose this forum seeking solution to your problem. However, you seem to have already approached court seeking remedy, now

what is that makes you repeat the story here and seeking suggestions for the same problem?

You may wait for the outcome of the case and then revert for more suggestions in

case the case is not decided in your favor. The case will be decided on basis of merits. It is your lawyers duty to refer the relevant sections by referring law books and help you win the case. You are simply wasting time by seeking second opinion here or elsewhere as no two

professionals will not agree to each others advise.

Please be careful about sec 23. Magistrate can grant exparte orders without hearing your side of the story. It is better to go for settlement and finish of the matter than roam to court for 1 decade.

Matrimonial disputes dont have solutions in courts. Either you adjust with each other or be rich enough to go for 1 time settlement. Rest all proving and unproving is waste of time. Court kacheri are for weaker people. There are 2 laws. one for people with money, one for the poor. People with money will take divorce (eg Prabhudeva, Hritik, Sudeep, Sanjay Kapoor etc) within no time, no going standing at court door, no waiting for court to call out name, appeal, re-appeal, prove, unprove etc. Poor people like you talk about justice etc and roam to court for 1 decade before realizing you will still have to pay money to get divorce or even pay money after getting divorce. Why not pay and take divorce than shout slogans about court time, injustice, biased laws etc?

If you have paid professional fees to your lawyer, make use of it by chewing his

brain would be my suggestion.

IF he has already provided an answer to the above questions, what has he told?

Please specify. If you appreciate my reply kindly click on the like button here or on my profile

page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464

498a victim (job) 23 March 2017

Dear helping hand

this case was filed yest only and i came to know today from ecourt website

so this is not a repeat query

will be going to my advocate this evening whatever his reply is will inform u

thanks

stanley (Freedom) 23 March 2017

@ Ronak

Its best to upgrade your knowledge on the acts and see what it states as below . You have to seek Discharge ,exemption for your parents and relatives from attending the court proceedings .

18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;

(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;

(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;

(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;

(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;

(g) committing any other act as specified in the protection order.

19. Residence orders.—

(1) While disposing of an application under sub‑section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer-in-charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

(7) The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.

20. Monetary reliefs.—

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.

(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).

(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

21. Custody orders.—Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.

22. Compensation orders.—In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

My request would be please do not go for counter cases which are a waste of time and money . Contest the cases filed by her and set your yourself free , They much more important things in life to live for rather than roaming around courts .

.

498a victim (job) 24 March 2017

Originally posted by : autohide4u
	Counter cases are very effective against such wives especially if it involves making them travel to different city to defend the matter. That being said, counter cases on ground of false allegation are a waste of time. It is best to use other grounds for counter cases. Only a detailed discussion with a shrewd lawyer can help you decide on the type of counter case.

can u suggest some of them so that i can go ahead with that?

stanley (Freedom) 24 March 2017

@ Ronak

Here is the Menu from where you can list your choice of filing false or true counter cases. the choice is yours . Ultimately you have to decide wether you want to lead your life roaming around courts for the rest of life than its better you start studing law .

IPC 177– Furnishing false information. IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person IPC 191– Giving false evidence IPC 193– Punishment for false evidence IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence. IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment IPC 199– False statement made in declaration which is by law receivable as evidence. IPC 200– Using as true such declaration knowing it to be false. IPC 211– False charge of offence made with intent to injure IPC 361– Kidnapping from lawful guardianship. IPC 362– Abduction. IPC 363– Punishment for kidnapping. IPC 378– Theft IPC 379– Punishment for theft IPC 380– Theft in dwelling house, etc IPC 405– Criminal breach of trust IPC 406– Punishment for criminal breach of trust IPC 415– Cheating. IPC 417– Punishment for cheating. IPC 499– Defamation. IPC 500– Punishment for defamation. IPC 503– Criminal intimidation. IPC 504– Intentional insult with intent to provoke breach of the peace. IPC 506– Punishment for criminal intimidation. CrPC. 167– Procedure when investigation cannot be completed in twentyfour hours CrPC. 182– Offences committed by letters, etc CrPC. 197– Prosecution of Judges and public servants CrPC. 198– Prosecution for offences against marriage CrPC. 198A– Prosecution of offences under section 498A of the Indian Penal Code CrPC. 199– Prosecution for defamation CrPC. 200– Examination of complainant CrPC. 201– Procedure by Magistrate not competent to take cognizance of the case CrPC. 203– Dismissal of complaint CrPC. 248– Acquittal or conviction CrPC. 249– Absence of complainant CrPC. 250– Compensation for aceusation without reasonabie cause

(Guest)

Originally posted by : autohide4u
	For example: if wife living in Mumbai, you living in Bangalore. Your story elements make prima facie case in small town 1 hour outside Bangalore. All case documents are in Kannada and your wife does not understand a word of Kannada. To attend court dates she has to take train/flight to Bangalore and then take bus or taxi to the small town. She has to do this every 1-2 months. Criminal case cannot be transferred easily, cannot be quashed easily, not attending dates leads to warrants. With non bailable sections she has to spend few sleepless nights worrying about arrest and chances of bail etc. That is time when she will agree to divorce without taking any money.

narayan 26 March 2017

Super post by Autohide4u

498a victim (job) 28 March 2017

Originally posted by : autohide4u
	For example: if wife living in Mumbai, you living in Bangalore. Your story elements make prima facie case in small town 1 hour outside Bangalore. All case documents are in Kannada and your wife does not understand a word of Kannada. To attend court dates she has to take train/flight to Bangalore and then take bus or taxi to the small town. She has to do this every 1-2 months. Criminal case cannot be transferred easily, cannot be quashed easily, not attending dates leads to warrants. With non bailable sections she has to spend few sleepless nights worrying about arrest and chances of bail etc. That is time when she will agree to divorce without taking any money.

Dear @autohide4u

thanks for the help and guideline

I read a case in which court allowed mother in law to file case on daughter in law under dv for harrasing her

so i was thinking to apply the same trick they applied..

and this will include her sister her sisters husband her sisters father in law also because they came to our house and had fight with us so can u throw some light on this?

can u name some unbailable sections which can be applied in my case

thanks u so much for helping me