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anuragi   15 October 2015

Procedure of domestic violence case

Hi,

I have been harassed by my husband and MIL and need to file for a domestic violence case. 

Can i know how long does this normally take and what all would be required from my side or how many times we need to appear before the court. And once i file, would he be able to leave the country on the bail? What would be the result if he doesnt appear at all?

Any details would be really helpful. Thank you.



Learning

 23 Replies

Prasad (Systems Engineer)     16 October 2015

Hi Anuragi...

 

Please hold on. Wait. Please wait.

 

Please wait before you throw legal mud on your husband and MIL.

 

The mud will also fall on your head.

 

Please answer one question before filing DV.

 

What do you want to achieve by filing DV?

 

Do you want to divorce your husband?

Then wait, negotiate money and go for MCD. 

 

Do you want to teach a lesson to your husband and MIL by harassing them back?
Go ahead and file DV, roam in courts for years, get money and divorce. But you will be branded "498 Wife" and you may never get to marry again.

 

Do you want to threaten your husband to love and live with you by accepting all your terms?
You will not achieve it by filing 498A.

 

Please check again.

 

If you still have some love and trust left on your husband, then forget legal ways. Pursue life with your husband with the help of elders, friends and well wishers. You have to win him rather than win in court. 

 

If you have lost all love and trust on your husband, then get MCD and leave gracefully.

3 Like

kunal   16 October 2015

@anuragi,

Nothing to add. Request you to please adhere the above suggestion.

 

 

 

 

1 Like

ANAMIKA VICHARE (LAWYER)     17 October 2015

Prasad Sir , Kya Kehne, time has come to do counselling to wives like this

 

Well done

 

ANAMIKA VICHARE (LAWYER)     17 October 2015

Prasad Sir , Kya Kehne, time has come to do counselling to wives like this

 

Well done

 

fighting back (exec)     17 October 2015

its a real unfortunate situation that educated and grown up people need to be told that no one can force someone to like the other, and using legal tactics is the last nail in the marriages coffin...filing DV with a revengeful mind will surely backfire on the petititioner...

1 Like

anuragi   17 October 2015

It's sad to see that no one has answered the question n instead hell bent on giving useless lectures. One thing. Do not assume things and counsel everyone as if you know what they have gone through. And for ppl like that guy n his uncultured mom, dv is less than what they deserve. So pls stop increasing the thread without any useful responses.

(Guest)
Originally posted by : anuragi
It's sad to see that no one has answered the question n instead hell bent on giving useless lectures. One thing. Do not assume things and counsel everyone as if you know what they have gone through. And for ppl like that guy n his uncultured mom, dv is less than what they deserve. So pls stop increasing the thread without any useful responses.

DV case to file it take 2 mins, to get over it take 6-7 years, and you need to attend court as you only filed it or it get dismissed sooner or later.  Best is, file 498a, faster results, mariage will be over in no time, they will go inside jail.  Best option is file both 498a and DV and other sections asking monetary relief, and also file RCR.  In a decade or two cases will get over, both son and mom will comit suicide before 1 decade gets over.  Happy?

2 Like

Samir N (General Queries) (Business)     17 October 2015

Anuragi, the advice given above may appear sarcastic, insensitive to your pain, etc. but look at it from a practical perspective - It should be followed.  There is absolutely NOTHING that you can get in a DV case that you cannot get in Family Court proceedings. The initial hype that DV gives quick relief to the complainant is just that... hype. In reality, DV cases last for years. You will most likely not be able to restrain him from leaving the country, especially if his trip is work/business related. I say all this based purely on legal aspects rather than driven by any male-chauvinistic approach. If your marriage has resulted in unbearable pain, then the proper step to take is to file for divorce and be done with the relationship.  These days both men and women are able to find new partners despite going through a divorce. The stigma of divorce is no longer what it used to be. However, the fallout of prolonged litigation cases and the reputation of filing criminal cases against your husband may follow you when you try to get remarried. So, absorb your losses, emotional, financial, whatever they may be and move on.  Trying to seek revenge will backfire...  You will be stuck in courts for years... and for a woman, years do mean a lot... men can find another partner at any age... not so for women. This is reality... you must learn to accept practical aspects of life, compromise and take forward steps... and forward steps only.  

1 Like

fighting back (exec)     17 October 2015

perfectly advised by sameer and gyan prakash....in theory....everything is painted in pink and green by the lawyer representing the petition....yeh kardenge.....woh kardenge....usko to raaste par laa denge......itne paise toh aap ko mil hi jayenge.....woh toh pairo par girke bheek maangega......naak ragadte hue aayega.....i am not joking, but these are the things that i have practically heard lawyers telling their clients while filing 125 and dv cases.....but in reality when the petitioner steps into courts...the lawyers start taking adjournments again and again and again and again....with collusion or opposite party lawyer ( not all lawyers are like that...just some blacksheep) then they ask for  fees for attending court dates........this is the reality..and when every thing is going smooth...suddenly the judge changes and is transferred.....then again adjornments ...........courts are only tareek pe tareek pe tareek............

1 Like

(Guest)

Here anamika will come for rescue, there gumnaam will come to rescue. Case case khelo anuragi ji :-))

Vicky (Engg)     21 October 2015

i request you to file DV as soon as possible, if he is not listening file 498a, once they are back from jail file maintenance case. at this stage ask interim maintenance in DV.

 

everyone got pain in there families, even poor people got trouble in there families. the knowledge which poor families got you educated people will take time.

 

after few years when you realise the power of cases and courts, then you will check how to live.. best of luck

anuragi   22 October 2015

Hi All,

Thanks for the info. From what i read, i understand that the downside of a DV is only that it takes lot of time.

I see few of you have suggested 498a. I have filed the same already, n guess what? some idiotic judge has given him an anticipatory bail!! So thats gone waste anyway.

Im working, so i dont think ill get any maintenance or anything. Btw, whats an interim maintenance?

He is not willing to come for mutual divorce anyway, so thats out of the question.

He seems to have a great lawyer on his side. He has relocated, stolen my property, changed his sim, changed his address, changed his job. And i do not have any details of his current location, phone or job. The police somehow seem to be uninterested in finding out his address :/ Because he has given his permanent address as document proofs. He has ruined my family, life, name, savings, assets and is getting away easily without any difficulty.I just pray for the next girl who is going to be his victim.

But as of now, i would like to teach him a lesson by giving him his own medicine n be free from him at the same time. I know i'm asking too much, but i dont see our law or police helping in any of this :(

Samir N (General Queries) (Business)     22 October 2015

"i understand that the downside of a DV is only that it takes lot of time." 

Fact: There is no upside at all to DV. Downsides? I can write a whole book!


Supreme Court judgments have now made it clear that 498a cases are no longer automatic arrests. In fact, arrest is fast becoming an exception rather than the rule in criminal cases involving husband/wife. The judge was not idiotic, he just followed the law, and rightly so.


For every tort (civil wrong) there is a remedy in law. If you are right, present the evidence and you will win. If you do not have any evidence, you will not prevail. It does not matter how keen you are to teach him a lesson. In fact, the more keen you are to teach him a lesson, the higher are the likelyhood of your losing in Court because you will lose focus.

 


(Guest)
Originally posted by : anuragi
Hi All,

Thanks for the info. From what i read, i understand that the downside of a DV is only that it takes lot of time.

I see few of you have suggested 498a. I have filed the same already, n guess what? some idiotic judge has given him an anticipatory bail!! So thats gone waste anyway.

Im working, so i dont think ill get any maintenance or anything. Btw, whats an interim maintenance?

He is not willing to come for mutual divorce anyway, so thats out of the question.

He seems to have a great lawyer on his side. He has relocated, stolen my property, changed his sim, changed his address, changed his job. And i do not have any details of his current location, phone or job. The police somehow seem to be uninterested in finding out his address :/ Because he has given his permanent address as document proofs. He has ruined my family, life, name, savings, assets and is getting away easily without any difficulty.I just pray for the next girl? who is going to be his victim.

But as of now, i would like to teach him a lesson by giving him his own medicine n be free from him at the same time. I know i'm asking too much, but i dont see our law or police helping in any of this :(

Why think about next girl?  Think about yourself girl.  That fellow gone.  In some 8 years you might get divorce decree and if you paid dowry, and if he demanded dowry and rcvd it, both of you will go to jail.

What you want to teach? 

and what medicine?  Are you a doctor?  If so, pls concentrate on your career instead of wasting time in court halls.

 

BTW  I have seen many who wanted to teach a lesson to husbands, and learnt loads themselves and wept unconsolably out of loneliness.

 

You have all the right attitude to grow old in court, try looking for prospective divorcees in family court hall complex from today, you might as well find some bakra before you get divorced !  all the best.


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