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MS (CEO)     14 January 2013

D.v case

Dear Members, for the brief, I have filed a Divorce petition against my wife in mumbai family court since 22 months now. I have filed evidence affidavit and a few applications from oppiosite side are pending. My wife had filed a false D.V case against me and y mother to secure right to residence in the house owned by my mother. I ahve been leagally disowned and have moved out from my parents' house though my 19 year son lives there with his grandparents  and my wife  has still occupied a portion of the house and refuses to vacate that. My mother has also filed a suit in city civil court against both of us  and proceedings are on. Till now, my wife never pursue the Domesticviolence case she filed in the same family court. 

Now she has submitted an application in mumbai police headquarters seeking a protection officer to be appointed for her safety as her life is in grave threat.  Since my visit my parents' home to meet mys on, there are regular verbally abusive scenes between me and her. 

My query is, what can be the result of such application ? I have been told that a Domestic violence is not maintainable in family court and should be filed in magistrate court instead. kindly guide.



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 2 Replies

Tajobsindia (Senior Partner )     15 January 2013

1. Your mother was in touch with me almost on one too many times here as well as via PM, I have given her more than enough legal advises including the most suitable female Lawyer’s contact details who got relief to another litigant in more or less similar situation. She may have contacted her by now ?

2. Next time when you go to meet your son and have meals with your mom ask your mom did I not suggest her well enough and where I failed in my opinions!

 

1 Like

Rahul Kapoor (Legal Enthusiast)     16 January 2013

hello,

she can file an application to magistrate either my herself or by protection officer or by any other person on behalf of her.

 

 

regards-

rahul.gogreen@gmail.com


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