victim (master) 20 February 2013

Women respondent in pwdva 2005

Members,

I received a notice from my wife's lawyer with full of false allegations against me ,my mother and father. I discussed with my lawyer and he feels that there is high possibility of Cr.P.C 125 and pwdva 2005 he says since notice clearly indicates separation of more than 7 months so least chances of 498a from police station. this notice was sent as an after thought after getting a phone call from caw cell for family counselling applied by me. when i said that they cant make my mother as respondent then he said there is no such fixed rule then i told him about M.P HC's decision which says no wemen respondent in pwdva 2005 he says now a days they can. PLEASE UPDATE ME WITH LATEST GUIDELINES IN THIS REGARD.

thanks in advance

regards

Reply Follow

9 Replies

P.Bashista (Advocate) 20 February 2013

There is now a supreme Court judgment on this. Women can be a party in PWDVA Act.

victim (master) 20 February 2013

sir, in that case what about burden of proof of allegations made. since duration of separation is about 8 months and lawyer's notice is served infact typed and dispatched after a phone call summoning wife for counselling at caw cell on husband's application/request. will it be considered as after thought activity in order to avoid cohabitation.

stanley (Freedom) 20 February 2013

section 2 (q), which
defines “respondent” as any adult male person who is, or has been, in a
domestic relationship with the aggrieved person and against whom the
aggrieved person has sought any relief under this Act.

the legislation did not allow women to file
complaints against other female members of the family — like
daughter-in-law, sister or daughter — who too could be perpetrators of
domestic violence.

“The legislation is for protection of women,

P.Bashista (Advocate) 20 February 2013

What you are talking about is the evidence and outcome of the matter.

My simple answer to your case is that you cannot stop her from filing any case she intends to file against you and your family members. But the facts of your case will help you and your family get an anticipatory in 498A and you have a strong footing to contest in any other case, if filed by your wife.

Chetan Joshi (Advisory/Advocacy) 20 February 2013

Even if a case is filed, get a discharge based on sec 2(q) of the Act....

The suit will not be tenable.

Regards

Chetan(dot)7679(at)gmail(dot)co

stanley (Freedom) 20 February 2013

@ author

False DV or 498 A can be loged at anytime against you .

1 Like

Msk-need -nuetral- laws (self) 20 February 2013

Agreed with all stanley posts

victim (master) 20 February 2013

Members,

based on few phone recordings and legal notice full of false allegations can i file divorce on grounds of cruelty.

can i defend maintenence cases on proving her qualifications and previous employement in court.

moreover i tried a lot to call her infact i applied for family counselling at caw cell and even after calling for counselling she didnt turned up and in return served the notice and in that notice it is nowhere mentioned that she was called for counselling. can this show that she is cause of desertion and not me.

please throw some light in this direction.

thanks in advance

regards

victim.

rajiv_lodha (zz) 20 February 2013

Sorry u dont have enough grounds for filing divorce, it wil be a waste effort. Legal notice does not ammount to cruelty in any way. Shield urself from 498a+DV. Find out her income status.

DV can very well be filed against females. SC has recently declared so.