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Tejal (house wife)     15 March 2012

Where to go file dv?

Kindly advice me.

 

1. Where to go file DV? Police station, NGO or Lawyer?

2.Between RCR & DV which is the best option to get a metrimonial rights & live a piecefull matrimonial life after 1 year eperation?

3.How much time takes the both cases?Are they lengthy  procedure like divorce?

 



Learning

 11 Replies

Sanjeev (Lawyer)     15 March 2012

1. Lawyer

2. DV is better but it cannot guarantee a peacefull matrimonial life after a year ity also result in end of matrimonial life but still you might get sppedy maintainence or resident orders but nothing guaranteed depends on the circumstances.

3. There are ni timelines defined between 2 years to5 years depends on the pendency in the courts and how determined the opponent are to fight out.

Shwetha (Software Engineer)     16 March 2012

Tejal,

I read your other post.

I just want to tell you one thing. If you still want your marriage to work then, plz dont do this.

you should try discussing things with your husband, discussing things with friends and elders or  marriage counselling or something like that...but never go for DV...

you cannot have your in-laws sign any kind of MOU or whatever...its not really gonna help...

 

please remember, you should head with 498A or DV only once you decide that your marriage is over...there is no looking back once you file these cases...

 

if your in-laws do not want to accept you, they will not accept you...you cannot force them to be nice to you through courts or anything else...the court may ask your husband to desert his parents and live with you depending on the circumstances but cannot force him to do that...you may succeed in doin that by threatening him with these cases but that is only going to hamper your relationship even more becasue he is not going to be happy about it...

1 Like

Shwetha (Software Engineer)     16 March 2012

if you have made up your mind, that this marriage is over then you may proceed but so long as you want your marriage to work, i sincerely advice you to stay away from LCI and lawyers...

 

you have 2 options

1. decide to give up your relationship with him

2. talk to him, try to convince him and have patience...wait for him to understand and be ready to adjust

Never Give Up (Fighter)     16 March 2012

@Shwetha,

 

Very good reply. Supporting your views.

Never Give Up (Fighter)     16 March 2012

@Author,


If you say marriage is over as read from shwetha's post, then why filing DV and RCR and wasting time and money in court. Better to put amount for settlement and get divorce and lead peaceful life. Who knows you get lucky second time ?



stanley (Freedom)     16 March 2012

Wery good reply from shwetha 

Filing of DV does not garaunte peacefull matrimonial life but you can presume that the marriage is over once DV is filed . Yes you will get maintanence etc provided you dont have sufficient means to sustain yourself and you .There is no time limit for a DV case it may take a year or it may take 5-7 years if the opp party is determined and be prepared to shell out a lot of money to your lawyer .

Adv. Chandrasekhar (Advocate)     16 March 2012

Ms. Tejal,

I do not know the background of your case.  I give legal reply to your question.  Where to file DV case?  DV case can be filed from the place, where the marriage was olemnized or  where respondent(s) (husband and relatives live) or where the parties  lived together or where the wife is living at the time of filing the case.  So you can file the case from where you are living.  Now, before whom the DV case has to be filed?  You can directly file it before the magistrate (it is the best option).  You can also file a complaint in the police station or before the service provider (NGO).  But they will take their own time to send it before the magistrate.  So, better you can file it before the magistrate either in person or through an advocate.

Now, which is better option - to file DV or RCR, for the purpose of peaceful living after one year of separation?

RCR is not at all option in your case.  Most of the times it is felt that RCR gives no relief toany one except the erring spouse to use it as a launching pad to get divorce one year after obtaining the RCR decree.  So, it will not fetch any peace, either you win or you lose.  So forget about it.

About DV, the reliefs it provides can be categorized into two- one ameliorating the financial distress by  getting maintenance, compensation, medical expenses and educational expenses and also residential rights.  The second one is preventing the physical and mental abusee by getting protection order.  If you are being continuously harassed by the spouse and his relatives either physically or mentally and you are not allowed to live peacefully, as a prevention from such harassment, you can invoke DV case.

The purpose of RCR and DV are different in nature, it is not useful for you to compare that which case can be deciced expeditiously.  For the sake of knowledge, I say that DV cases are quicker in disposal.  

Tejal (house wife)     16 March 2012

@shveta,,never give up & stanely

Its not me. I have already made up my mind for divorce.

I just want to know in general as my relative is facing these problems.& i dont think woman has to compromise the unbearable crualty. normal quarrels can be adjusted.& she also not have to giveup by giving divorce if she dosent want it..& i heard in DV ,some time counceling by legal , marrige councelers can help to save family. Her intention is not money or punishing them. she just wants her inlaws to know that whatever they have done or they are doing is not legal or good. They should also compromise for their behaviour to their DIL as she is a human not an animal.

@sanjeev & Chandu sir.

Thx for ur legal advice.

& let me correct if i m wrong in my previos para about DV counceling.If woman file DV only for prevention from Mental & physical harresment by councelling & protection orders by proving the harresments true. Is it still a ground for divorce from boy side?or only when she fails to prove the harresments?

If it is , every inlaws torture their DIL , & encourage her to file DV or 498 . & onece she file case they can easily file case for divorce on the bases of cruelty. Isnt it a man is getting a fevor for his "  WRONG"?

Tejal (house wife)     16 March 2012

i read that . DV case must be solved by judge within 3 months? Is it also wrong?

Swapnil Shirodkar (Process Control Engineer)     16 March 2012

try to settle things amicably and go for MCD... imposing sec 498A and other DV's can only backfire on you,  as mentioned by Mr Vikram in his prev posts , if u file 498A... you need to prove your claims beyond doubt

stanley (Freedom)     16 March 2012

i was under the impression that you was going through all this .But in your next message you said that your relative is going through this . Anyway its your relatives decision to decide whats is good for her . And as you say it takes 3 months for DV to finish . You are wrong as a Matter of Fact DV should get over within 60 days or 2 months from the date of First hearing .But thats a Joke ?? So better tell your relative to be prepared for a long long DV case of 4-5 yrs Plus fees to pay her lawyers and only god can predict how long it would take :-)


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