Harrassed _by _498a (Executive) 01 January 2015

Night phone calls by wife in revert dv and dowry

Dear Experts my wife was talking to her colleague before marraige and after marriage at odd hours in the nite. When i asked her who is he. She told me he is like my brother. But that was not accepted by me as calls are made in very odd hours. I am working in the night shifts. Now in revert story of Domestic violence and dowry case given to me. I am out on bail in 498a. Now what is violence in DV ? Is asking from wife to whom u r talking on phone in odd hours? And further no one has beat her from my family which she had written in her complaint.

Please advice if violence not proved still i have to pay maintenance and residence orders etc and on this basis i will get divorce or not ?

She was working before filling dv case but now she wrote in her dv complaint she had been thrown out from the job.

Rgds

Harrassed by 498a

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 04 January 2015

You have to challenge all her (false) cases on the merits and also based on the evidences on your side or in your possession. Be in touch with your lawyer and follow up the cases scrupulously so that you do not miss the bus.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 04 January 2015

What is violence in DV ?

Please download the attached file to know details about DV (Domestic Violence). DV is quashi-civil case.( i.e. neither civil not criminal in nature). DV itself is not punishable until it is not converted to 498A, 323, 325 - - - - any IPCs. Maintenance of DV is executed as per 125 CrPC.

Is asking from wife to whom u r talking on phone in odd hours?

- - - Prima-Facies are not chargeable at all in any IPCs. So don't worry.

And further no one has beat her from my family which she had written in her complaint.

There should be evidence like medical report from government hospital. The doctor should be cross- examined to prove this. I guess they don't have it so don't worry.

Please advice if violence not proved still i have to pay maintenance and residence orders etc and on this basis i will get divorce or not ?

If cruelty is not proved then she is ineligible for any this type of reliefs. Please collect all her employment history and produce in the court.

How to protect us.

Generally these corrupted people will never bother to prove anything in the court rather prolongate the process to get interim relief any harass you and black-mail you. Our law and judiciary system is also corrupted and has pre-convicted notion of view and helps them to prolongate. Lawyers will always try to seduce and extort you.

Please take -

a) Speedy Trial / Proceedings (Writ Petition in High Court) [Priority 1]

b) Perjury (CrPC 340 read with 195 CrPC) [Priority 2]

c) Extortion (383 IPC read with 384 IPC. Extortion) [Police complain like FIR or sue in the court as private complain. Priority 3]

- - As your weapon to fight against it.

It is also advisable to fight in-person (Without Advocates).

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Attached File : 80740513 domviolence.pdf downloaded: 118 times