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VictimOfBiasLaw (Professional)     03 February 2011

Summons for DV case and CRPC-125

My wife filed DV case , in which summons was issued at my office address, 

my office reception didn't accept it and reply to postman "we can't accept" as i ask my reception to told this.

but court consider this as i know about this and don't want to accept this , so this is same as i accepted.

now my wife filed another case under crpc-125.

My Question is :
my lawyer ask me to say "Unknown person" to postman.

1. are DV case summons and crpc-125 case summons both same or two different case and have diff summons. ?

2. crpc-125 court consider my DV case summons and even if i don't accept crpc-125 summons court will consider this as accepted ?


 12 Replies

Samir Jha (Advocate)     04 February 2011

Section 125 Cr.PC Deals with duty of the husband to maintain his wife, if she has withdrawn from the socity of the husband for a just cause.

It is the duty of the husband to maintain his wife and hence u/s 125 Cr.P.C monthly amount is deteremined based upon the need and requirement of wife.  Main petition is always accompanied with an interim application for payment maintenance during the pendency of the case. The court after considering the facts and circumstances of each case, income of husband, his expense etc determines the amount of maintenance to be paid to wife. In case of default of payment of maintance amout, the court may resort to imprisonment as a mode of enforcement.

DV stands for Domestic Violence which is seperate Legislation for the protection of women from Domestic violence which can be physcial, s*xual, emotional, financial and mental. The women can claim relief like protection order, residence order, monetary order etc.  

Please note that both the above cases are of different nature and provides for different remedy and summons are also different. It appears that  you wife has instituted case under section 125 Cr.P.C as well as under DV Act.

In case you refuse to accept the summon, the court shall take it as if you are trying to evade the proceedings of the Court and can issue bailable as well as non-bailable warrants against you.

It is better for you to attend the court proceedings and raise a suitable defense.

1 Like

VictimOfBiasLaw (Professional)     04 February 2011

Sir , but when my wife filed false DV case before 1 year , i was out of india and today also i m out of india.
now she has filed another CRPC-125 

my lawyer suggest me not to come india , if come to india my passport will be taken by court and you will be in trouble.

Samir Jha (Advocate)     04 February 2011

In case your wife knows the country you are in, she can always approach you thourgh the high commission. It is a tedious and long process but nonetheless the procedure to bring you back is there.

I would also like to suggest you that there is also a possiblity of you being declared as a Proclaimed offender then you can also be in serious trouble whenver you come back to country. It appears that you have been suggested the wait and watch policy and as far as my advice goes keep a serious watch on the proceedings.

VictimOfBiasLaw (Professional)     04 February 2011

but when my wife DV case at that time also i was out if india.

my case detail is below , can you please advice about what should be my move ?

my wife is not ready for divorce and my lawyer is saying this DV case will take around 3-4 years.
as my wife will get handsome amount of maintainance she will enjoy this.



Details :

1. i married in dec-2008 , but my wife and their family interested in my money

2. after marriage within 1 week myself and my wife moved to other city/state where i was working and stayed together for 10 months on rental house ( not with my parent , my parents were in my home town )

3after 10 months Sept-2009, i have to go to abroad for my job related work , before i left india , i kept ready my wife VISA and passport so she can join me after some time.

4. but in nov-2009 she asked for money for her and her family which i denied , so she put false domestivc violence case in Jan-2010 against me , my parents

When she put this case i was out of india and even today i m out of india and never apper before court as my lawyer defend for this.

5Case details ( u/s 18,19,20,22 ): in case she mentioned that

5.1  I get transfered abroad intentionally and left her alone in india , she has also mentioned that her VISA is ready but i don't want to bring her with me.

5.2 during Sept-2009 to Dec-2009 my parents harrase her , throw away from my house and ask for money

this is totally false so she don't  have any evidence

5.3 she also mentioned that during her stay with me for 10 months , i slapped her

5.4  she ask for residing in parent house and 1/3 from my income , ( she is converting my dollar income into INR and asking for 25000 to 30000 per month )

 i don't have any property or house in my name

5.5 At the same time she is claiming that she is ready to come with me., but i want divorce.

Now in documents she put my bank statement with false bank stamp and signature and i have in written from bank that this signature and stamp on statement  is fake and one of the figure is altered.

Bank has not issued this statement.

another list of gold ornaments on blank paper , no bill , no details of gold shope ( these r all false)

6.   i have filed complaint to same court / judge under sec 467,468,471   for fake bank statement

7. she has also filed CRPC-125 for maintainece. , i didn't accept summons for this case.

Till today this is status , Thats all

Samir Jha (Advocate)     04 February 2011

As you have already moved an application before the court for registration of case u/s 467, 468 & 471 IPC, it would be beneficial for you if the FIR gets registered coz then you will have something to work on.

But in case court decides to inquire into your complaint by itself  than you will be required to depose in the court  before a notice can be issued to the accused/wife. Meaning which you have to be physcially present in the court to give your statement, which in your case is very risky proposition, if warrants would get issued in your name u/s 125 CrPc or under DV act.

Most of the cases of these nature normally gets settled so it would be better if you can keep yourself safe and wait for some time

Secondly, one of the decisive factor in determining the quantum of maintenance is that the women should be given same kind of lifestyle as she was having at her matrimonial home. The court will also see the expense  of the women while deciding the application. Naturally, the salary you were earning while in India must have been in Rupees and now her demand of payment of maintenance after converting the currence may not hold good if  your income in india was not that much. Court will also see your liabilities while deciding maintenance, which court can decide even in your absence.

VictimOfBiasLaw (Professional)     04 February 2011

case u/s 467, 468 & 471 IPC is under Cognizant of same court/judge and this case was filed by my father and not by me as my father is also in DV case.court decides to inquire into your complaint by itself

My question :

1. i have in written reply from bank that stamp/signature is fake and bank didn't issue this statement
( however other figures are correct except one figure ) ,

will it banefit me ? or court decide that figures are correct it is not an offence even if stamp, signature and address are fake. and bank didn't issue this.

2. what is the minimum punishment u/s 467, 468 & 471 IPC ?

3. how much time it will take to complete fake bank statement case ?
4. court summons to concern person at bank to appear before court but from last two time no body present before court ,  what if no body from bank will appear before court ? will this favor me as i have in written reply from bank 

Samir Jha (Advocate)     05 February 2011

If it is a nationalized bank then your father (Complainant) can move a RTI application thereby calling for details of transaction, necessary action and other details.  In case if it is a private bank then I suggest you to excute the summon against the bank personally i.e. Dasti.

Even if the stamp of the bank is forged and fake still it is an offence.

In your case as the court itself is inquiring into the matter hence it is your duty to prove your case and onus is on you to call for the witness in order to prove your case. Your father can also prove the case on the basis of the letter issued to you by bank and court will take cognizance of the same. The court will issue notice to the accused only if you be able to prove your case. 

Maximum punishment under section 467 is imprisonment for life or imprisonment of 10 years and fine

Maximum punishment under section 468 is 7 years and fine

U/s 471 depends upon the nature of document forged which in your case is valuable security u/s 467.


VictimOfBiasLaw (Professional)     05 February 2011

No, it is Private bank ICICI bank.
should i file case against ICICI bank ?

Court has send summons to concern person of ICICI to be present with my original statement.
what if nobody from ICICI abnk will present in court which is the case since from last 2 times ?

is it our job to bring this person to court or court will assume whatever there in written reply from bank is true and favor me ?

Samir Jha (Advocate)     05 February 2011

A document can only be proved by its author.

At this stage, it may favor you but if court decides to issue to notice to accused, then the other party's advocate may take advantage of the same at  later stage.

Pleae note that yours will be a Private complaint case if not reduced into FIR. In cases like these the burden to prove a fact is on the party who assert something. 

sunil deshpande (Sr. HR Manager)     05 February 2011

Hey samir jha ? r u the same lawyer whom i met in delhi ? patiala house remember ? i was doing  random search on google and saw ur profile here, great to see you here boss, and i am really honoured and still owe you a lot for your help in my case, thanks for taking my case and bailing me out i want to know do you take corporate cases i mean as in contractual stuff, we would be desperate to take you on board for our contractual and cases etc. always have admired your post. keep up the good work mate, i have messaged you my number as well please do get in touch




malay shah (branch manager)     19 March 2011

Respected Sir,

I want to know whether warrant can be issued in domestic violence act 2005 as my lawyer says that there is no provision of issuing warrant until summon is once accepted.But accused is not taking summons  and constantly keep on changing the place of residence.

Is there any way out for this.Kindly help

malay shah (branch manager)     19 March 2011

Respected Sir,

Further i have proof that he knows that his case is going on in the court as he admitted in one of his mails to one of his friend and still keeps on changing place of residence.But still my lawyer tells me to keep patience by arguing that how long accused will keep on changing his place of residence.

We can only wait till accused surrender.we cannot ask court to issue warrant? Case is also filed on his mother and sister.And we have proof that they know where the accused currently stay but on the mentioned date they both appear before the court and tell that they dont know where is the accused.

My lawyer says that we cannot ask his mother or sister by taking remand..So what can be done.

Pls  guide


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