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Author Topic: Domestic violence  (Read 1351 times)

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Offline Framed husband

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Domestic violence
« on: December 07, 2016, 11:25:28 AM »
I got married in may 2015. My wife always found problems in me and my family. She was never happy and always went to her parent's house when she was unhappy. Now she went to her parent's home in may 2016 and didn't come back. She wrote a letter to me stating that she has been a victim of domestic violence and dowry and now she wants a divorce and maintenance.
Do family courts in India need wife to give proof of husband's act of domestic violence or does the burden of proof lie on the defending husband.
Also I travel overseas because I work abroad. That is my primary source of income. Will the court withhold my passport if my wife files a case of domestic violence?

Offline advjaibansal

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Re: Domestic violence
« Reply #1 on: December 24, 2016, 12:38:08 AM »
Dear Sir,

there is no criminal punishment in DV Act. There is no criminal offence that is made out in DV Case. DV act is only for civil remedies, such as house, residence, restraining order, custody, maintenance etc. Hence no passport will be taken in proceeding under DV Act.

As your wife is ready and asking for divorce, then give her the divorce if you are willing for the same rather than fighting the case for years to come.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline Kawaljitbhatia

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Re: Domestic violence
« Reply #2 on: December 26, 2016, 05:05:18 PM »
Dear Sir,

If you want to end the marriage as well, all you need to do is to agree to your wife's proposition for mutual divorce. All the allegations levelled against you seem to be pressure tactics, which generally happen in such cases. However, it is advised that you tread cautiously and reply to her letter. You can also contemplate a complaint against you before the commission for women. For by-passing the payment of maintenance, please get in touch because that is confidential and a matter of strategy, which will need deliberation on various remedies available in law.
If the case is pursued timely and diligently, there need not be much of a problem, since your wife already appears to have proposed for divorce. However, chalking out a strategy will be the game-changer as it can save your some monthly spending on maintenance.
Feel free to get in touch.
Kawaljit Singh Bhatia
Supreme Court of India

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