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Gaurav (consultant)     08 June 2013

Is dv a civil case?

Hi

My wife after one year of separation started accusing me of mental harassement. No cases/complaint has been filed as of now. She was caught with her boyfriend at my own home and ran away and now seeking money for divorce which I denied straightaway. Re-concillation not possible at all.

  

I have few questions, please answer:

   

1) Is DV a civil case of crimilal case? Like in 498a, will a girl get public prosecutor (govt. lawyer) or she has to spend money on lawyer for DV case?

 

2) Normally a DV should get closed in 60 days but I have learned that even DV takes around 1.5 years to get concluded? Is it right?

 

3) She is mainly seeking protection order. In one of our telephonic conversation (which she recorded), I asked her that I am going to expose you in your neighbour-hood and relatives. Can she get PO only on that basis? How easy for her to get PO?

 

I dont want her to get PO easily as exposing her is the only way left to punish them for their greed and lust. I am ready to fight till I am alive to make her feel the same pain that she has given me.

  



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 June 2013

1) Is DV a civil case of crimilal case? Like in 498a, will a girl get public prosecutor (govt. lawyer) or she has to spend money on lawyer for DV case?

Its quasi civil quasi criminal case. She will have to appoint her own lawyer. If needy she can seek free legal aid.

 

2) Normally a DV should get closed in 60 days but I have learned that even DV takes around 1.5 years to get concluded? Is it right?

Thats true..

 

3) She is mainly seeking protection order. In one of our telephonic conversation (which she recorded), I asked her that I am going to expose you in your neighbour-hood and relatives. Can she get PO only on that basis? How easy for her to get PO?

It depends upon the allegations made. You prove your case by leading evidence that she has falsely implicated you and do not need any PO. Fight out the case properly.

  

1 Like

Gaurav (consultant)     08 June 2013

Originally posted by : Adv Archana

1) Is DV a civil case of crimilal case? Like in 498a, will a girl get public prosecutor (govt. lawyer) or she has to spend money on lawyer for DV case?

Its quasi civil quasi criminal case. She will have to appoint her own lawyer. If needy she can seek free legal aid.

 

2) Normally a DV should get closed in 60 days but I have learned that even DV takes around 1.5 years to get concluded? Is it right?

Thats true..

 

3) She is mainly seeking protection order. In one of our telephonic conversation (which she recorded), I asked her that I am going to expose you in your neighbour-hood and relatives. Can she get PO only on that basis? How easy for her to get PO?

It depends upon the allegations made. You prove your case by leading evidence that she has falsely implicated you and do not need any PO. Fight out the case properly.

  

 Archana ji

thanks.

  1. So, if she is highly earning ( 7 digit yearly salary ) then she SHOULD NOT get public prosecutor. How *NEEDY* be defined?
  2. Great :-)
  3. Thanks for clarifying as I was assuming that for a girl it was a cake-walk to get PO. So if her allegations are wrong then she cannot get PO.

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