- This topic has 23 replies, 11 voices, and was last updated 1 year, 3 months ago by
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HI hope you all are doing well.
My ex-husband, a surgeon, had a previous domestic violence (DMV) case filed against him by his first wife. I am his second wife and have also experienced similar abuse. After physically assaulting me, he left our marital home and blocked all channels of communication. As a result, I had to file a complaint with the Mahila Aayog.
Since 2023, I have had an ongoing domestic violence case against him, which led to an FIR being registered by the police the same year. My ex husband has filed 3 cases on me to rile me up badly. The main case (high court) is currently in the mediation stage, with efforts being made to reach a mutual settlement. However, I am unsure about the legal process after this stage—will the case proceed to trial before High Court judges if a settlement is not reached?
Additionally, can I file a complaint with the Medical Council (MMC/NMC) regarding his history of domestic violence cases? If so, what action can they take once they receive such a complaint?
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UNo new case would be filed in High court as you said. The matter simply returns to the court and court will proceed like no mediation ever happened.
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PSo when will a matter reach high court?
Can’t we go to high court if dissatisfied with district court order??-
UYou can certainly go to the high court if you are dissatisfied with the decision of the district court. But when mediation fails it is not considered as decision. The matter simply is remaded back to the court which ordered the mediation. Now that Court could be District Court or could be high court depends on which court ordered mediation.
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AFirst you need to decide if you want to mutually settle or not. If you decide not to, it will go to trial. Which court will depend on the the case details.
Secondly, your complain to Medical Council, I don’t think they have any authority to investigate domestic violence/abuse. Domestic abuse is a private matter which has nothing to do with his profession. If your aim to harm is reputation by going public that’s a different case. Not sure how Council will see it. Also, till the time Court does not decide if he is guilty of Domestic Abuse/Violence he is presumed to be innocent.
Complaint/FIR does not mean Conviction.
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CHi OP, if the settlement is not reached then the case will proceed to trial. The State Medical Council only deals with complaints arising out of professional capacity(misconduct, negligence, as such). However, there is a lot of politics at play in these associations, you may give it a shot. By doing this, it will help create strategic pressure upon him.
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RNot true. Trials also happen at the High Court if it has original jurisdiction. I’ve personally been part of several trials in the Delhi High Court.
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UIn MP High Court it doesnt. Also trial can happen in High Court only when it has extraordinary original jurisdiction.
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UActually trials can happen before High Court in criminal cases only when High Court transfers the case from Lower court to its own Court. And high court does does this only when it believes that fair and impartial trial cannot happen at Lower court.
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Do not mention exceptions as the norm. -
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UMedical Council (MMC/NMC) cannot intervene unless he has been negligent as a doctor. And yes the high court case will continue if mediation fails. May I ask on what grounds the case has reached the high court? Has the trial court already passed an opinion in the form of a judgement or an order ? or did you go to the high court to get the case transferred to another judge as they are being slow/not proceeding properly?
Also is the main high court case a divorce case or a criminal case? You cant send domestic abuse cases to mediation. Speak to your lawyer, and if you feel they are not protecting your rights properly, then speak to local NGO’s for legal protection
also OP, please protect yourself first, have you gone back to your maternal house?
again disclamer- always talk to your lawyer and not strangers on the internet as we dont know all the facts
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UIf the proceedings in High court is for quashing the FIR, then if the mediation fails, the High Court will decide the case of quashing of FIR, and if the FIR is not quashed, the matter will proceed in the trial court after the investigation is done by the police. Other cases will fellow as per law.
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ILawyer this side –
1.he must have moved the HC for quashing of the FIR which was lodged by you and if you settle it would be settlement in terms of money and as a condition you will have to withdraw all cases filed by you and the FIR will be quashed .
2.Also the terms of the settlement would include taking of divorce by mutual consent and the money settled would be received as per the settlement before the divorce court.
If you dont settle then the case would be argued on merits .
Further your last query abt making a complaint with McI would not help you as MCI cannot take cognisance of such a case as its duty is to ensure professional conduct and not personal -
HHas the police completed its investigation into the FIR and filed a charge sheet? Ideally, this should have been done by now, unless the High Court has granted a stay against the FIR.
The trial will take place in a trial court (Magistrate’s Court) and not in the High Court. Your husband must have filed a petition for quashing the FIR under Section 482 of the Criminal Procedure Code (CrPC) in High Court, alleging that you have made a false complaint. The High Court will have referred the case for mediation. If the mediation fails, the High Court will continue to hear and decide the quashing petition on merits.
If your husband is convicted in the criminal case, you can report it to the Medical Council, which will take appropriate action. Whether his license is canceled or suspended will depend on the specific facts of the case and the crime committed.
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HThe high court has granted a stay against the FIR, that’s what I was told by my lawyer. Secondly my ex has gone through the similar procedure with his first ex wife in the past so I am assuming he’s well aware of the protocols being followed during the DV case so there’s that. I have enough evidences against him and his mother so I know where I stand in this case.
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PIt is not clear why the case has moved to High Court, either he has applied for quashing or appeal on the orders passed. Whatever the case be, if it is mediation stage, you can attend the mediation and ask for the remedy that you want. The remedy that you can seek through mediation can be maintenance or alimony or child support. If he agrees to it, the case will be settled through settlement agreement.
If you do not want such remedy and you are seeking only criminal punishment, the mediation fails and the case gets referred back to the court. The other stages of the proceedings takes place – Evidence by both the parties, cross examination of witnesses from both the sides, arguments, etc. which will take much longer than settling through mediation.
To save time, energy and stress see if your husband agrees for your terms and condition, if not completely agrees come to a midpoint somewhere without compromising your safety and sanity.
Read more about domestic violence cases here [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
Medical Council may not address these issues, as they have code ethics for professional conduct.
For detailed and specific advice on this contact us [https://g.co/kgs/hmnpu81](https://g.co/kgs/hmnpu81)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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