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StrictlyDivorce (.)     04 September 2011

How to proceed after finding out wife has filed dv complaint

Hi,

Looking for professional advice on how to proceed since my wife who deserted me 2.5 yrs ago decided to file a case of DV with her local Police.

Facts/History

1) Deserted me 2.5 yrs ago
2) I filed for Divorce after trying to resolve thing amicably and things failed. Divorce app pending
3) Tried mediation and her demands were unreasonable
4) Just got a call from her local police informing me that my wife had filed a complaint against me, asking me to come next week to see them


How would you recommend i proceed. I happened to be out of town when the local police came and so they called me.

Should i accept the summons they want me to accept and sign the acceptance?

What steps can i take to ensire my and my family's safety

Look forward to hearing your suggesstions and reasoning behind that.

Based in Delhi.


Thanks



Learning

 10 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 September 2011

You hve misconception. Police might have called you in conection with the complaint of your wife regarding the haraassment and dowry demand means under section 498A & 406 IPC instead of DV Act because DV Act application is just forwarded by  police to concerned magistrate and its proceedings are like a civil matter except provision of punishment, if interim order is violated.

 

If police hs called upon you, you should join investigation and should put your entire case there so that a proper view of the police may arrive.

1 Like

Hari (pp)     18 September 2011

Brother,

There is 90% chance that she is going to file 498a and want to put you and your family in jail. First go to a nice criminal lawyer in your city AND THEN GO TO POLICE STATION. If you go without proper planning you will be trapped. Infact I was trapped in the same mannerr.

If you dont know any good lawyer in your city, then contact SIFF volunteers in your city...go through www.498a.org

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2011

Hari has given you a sane advice.

 

Time to take matters lightly is over, it is now a serious matter and unless you act pro-actively, you would soon be  in a bigger soup.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

StrictlyDivorce (.)     21 September 2011

Hari, Shonee:

 

I agree with both of you. I believe that time to take things lightly is over. Went to the CAW Cell and wife told a lot of lies there , all made up stories. I declined everything. Also i was refused a copy of the complaint and was told i should file an RTI to get it and in fact that would be declined as well. They claimed that was High Court rulings that did not allow them to disclose the complaint details till the investigation was over.

Shonee lets ,meet sometime this evening and talk more.

 

Hari, do send me via PM or email any steps you would take and any recomendations

 

Thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 September 2011

Sure call me, we can meet after 8PM

rajesh kulkarni (Lawyer/Advocate Hyderbad 7799116901)     10 November 2011

as of Domestic violence case police has got nothing to do wit it as their part is jst to forward the complaint filed by any person to the concerned jurisdictional magistrate...... in my opinion wait for summons once again be issued to you........... and as of complaint copy once you accept the summons photocopy along with documents filed if any has to be furnished to you which is mandatory.............. 

one sided proceedings are never entertained...........

most important of all is DV case is filed only when wife is subjected to violence when both spouses live together in same house.......... 2 1/2 years of your wife's desertion is enough to quash her proceedings of Domestic Violence Case............... and as of maintenacne it will be looked into trial of the case.......

Sudhir Kumar, Advocate (Advocate)     24 November 2011

You MAY HAVE TO get anticiplatory bail for entire family.COnult your local lawyer fast.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

no need for AB in DV case.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Just curious, how much does AB cost  ? How much is the court fee for one AB and how much would a typical lawyer charge for one AB ? 

Thanks

Adam

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 January 2012

Court Fee: Rs. 10/-

Lawyer Fee: Your paying capacity, lawyers expertise and his assessment about your paying capacity. I have personally seen a person getting AB by paying Rs. 500/- and I have also seen a person spending Rs. 6,00,000/- in lawyers fee alone to secure AB in 498a.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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