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Pavitra Prabhakar (MBA)     30 July 2013

Ws in dv

in my DV case

court sought a report from district protection officer

in its report district protection officer stated that the allegations are baseless and wife just wants to harass the husband family

after examing the report , court directed me to submitt the written statement WS

here are the following points i want to discuss with you all are

# wife after the marriage is residing with her parents and serving in govt. school , i have attendance records of her via RTI

# I was deposting 3-4 thousand rupees in her a/c for her expanses , when she was under trainning prior to the appointment at her parents  place.

# when she refused to get back at my place I filed RCR in sep 2010

# in response to that she filed bogus 498a in dec 2010

and later DV in july 2012

in  her 498a fir and in DV complaint she admitted that she is living with her parents and serving in govt school since the marriage

can I go for qaushing on grounds that she is not living with me  or in any type of domestic relationship after the marriage and her application is time barred , as she filed the DV complaint after a gap of more than 2 years




Learning

 5 Replies

Manoj Kumar Jain (abc)     30 July 2013

As per the judgement of Supreme court, DVA sholud be file within 1 year

As per the latest judgeemnt of Bombay HC, DV complaint should be file immediateley.

As per Delhi HC, Victim should be lives in domestic relationship.

As per the DV Act Agrieved person should be in domestic relation.

1 Like

Vinayak (self)     30 July 2013

I am NOT a lawyer, but I have been reading 498a and related cases for a decade or so and I am sharing my experience 

 

I suppose you are talking about quashing of 498a complaint ? 498a case ? please clarify

 

IF that assumption (498 a quash) is correct, please give some more details of the actual 498a complaint and stage of case

 

General replies / My 2 cents woth on Quash

* Generally IF the charge sheet has been submitted to the court and the charges are framed / cognizance taken by the court (JM court, MM court ...where case is going on), it would be difficult to quash

* see my blog on many cases where quash is rejected

* sample here https://vinayak.wordpress.com/2013/06/03/wife-files-498a-after-family-court-case-compromised-hubby-tries-quash-still-kerala-hc-rejects-quash/

* one more sample https://vinayak.wordpress.com/2013/06/03/wife-files-498a-though-case-already-ordered-by-family-court-husband-tries-quash-hc-rejects-quash/

* the general idea of why a criminal case is to be quashed is found in the famous bajan lal case

* see here how women file jhat phar 498a and still parents and hubby do NOT get quash https://vinayak.wordpress.com/2013/07/30/78yr-old-parents-48yr-sis-inlaw-run-to-quash-498a-no-relief-seniors-only-quash-fr-sis-in-law-9-mnths-498a-marriage-28th-jan-2012-second-marriage-for-husband-ablaa-naari-wife-leaves-matri-ho/

 

 

Hope the above helps 

 

 

 

 

FOLLOW 

@ATMwithDick on twitter or 

https://vinayak.wordpress.com/ on wordpress or 

https://evinayak.tumblr.com/ (recent blog so recent cases ) 

FOR 100s of high court and supreme court cases

 

-------------

 

regards

 

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist

 

 

 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 July 2013

Submit your WS in time & follow the court orders.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     30 July 2013

These things shall be considered at the time of evidence, you file the WS as per the directions of the court and contest the case on merit.

1 Like

Pavitra Prabhakar (MBA)     30 July 2013

CAN I MENTION ALL EVIDENCES IN MY FAVOUR IN WRITTEN STATEMENT


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