a question from a lawyer or someone who's seen proceedings in indian family courts?

Question

how is the scene inside a court when a case of domestic violence/498A is going on?how many minutes or hours does 1 proceeding last?how many days it takes to finalize the case?is there lots of crying,fighting & shouting by defendents?are there many people/crowd inside?are only immediate family members allowed or even the relatives,etc of both husband or wife even if they were not involved in domestic violence towards the woman?in short,how is the scene otherwise?is it very traumatic for the girl if she is the victim?

in short,how is the scene otherwise?thanks in advance...........

Answer 1

This question shows that you have never visited any Indian lower court in your life hence you ask all this. Firstly all cases relating to Domestic Violence under the D.P. Act & section 498A Indian penal code are being filled & heard by the First Class Magistrate, where many other criminal proceedings are being heard in public relating to various other criminal complaints & charges, so these matters are not being taken up in isolation unless the parties make a special request to take such matter 'in camera' or privately. Secondly the time taken in each proceeding relating to these cases depend on what issue is being heard on a particular date of hearing, it can take few minutes or even a hour if the issue is longer, for example for hearing bail application the magistrate may take few minutes but for recording the entire evidence of the prosecution it may take an hour or so, this all depend how much time the magistrate can afford to give such matter. The total days involved in such matter also depend on how the issues are taken by the magistrate & the counsels of both side, any date taken just by the absence of magistrate on that particular date or any counsel means getting another date of hearing. The whole matter can be decided in 7 to 9 dates but the chances of getting 10 to 15 dates even more in such matters is also possible. Each date can be of one or two or more month’s duration depending on total number of cases being filled in that particular court. As I told you these matters are taken in public so every one can be present in the court room no restriction for that. As far crying, fighting & shouting is concerned that is a common Indian mentality so that do happens but magistrate only hears the counsel’s of the parties, just ask them to keep their parties shut. Definitely these proceedings are traumatic for both sides. Both the parties feel bad about what ever is happening out there but its the prestige issue which makes them stand & fight out these issues, if by chance the magistrate request the parties to reconcile, I know the cost of this reconciliation asked is beyond means & hence the whole issue get prolonged unnecessarily on these (most of fictious )matters. Never think going to courts for such matter is a good thing for any one & so I always request both side of people to settle this matrimonial issue outside court amicably rather then making a public issue out of which neither get anything but sufferings.

Answer 2

you may deny to decide for mutual divorce complaints interior the court docket .....and would document petition united states9 of the Hindu Marriage Act for restitution of conjugal rights and utility united states24 for the maintenance.... court docket will pass order for maitenance in accordance to the income of the husband ..you will get benefited interior the lon words