Case filed under sec 12 after 3 years separation

This query is : Resolved 
 

(Querist)
12 January 2019

hi,
i got married in 2009, after living for 6 years in 2015 wife was separated, due to small issues expanding and final issue of wife caught stealing at her work place after which she shifted to her maternal home and now after 3 years living separately she has file case under sec 12 for domestic violence. kindly advise if the case is manageable and what can be the next course of action by court.


SHIRISH PAWAR, 7738990900 (Expert)
12 January 2019

You have to appoint local advocate to contest the DV case.

Vijay Raj Mahajan (Expert)
12 January 2019

DV case can be filled for seeking maintenance for herself and place of residence at the cost of the husband, for that reason the petition under section 12 of the PWDV Act has been filled by your wife.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
13 January 2019

She can file the DV case, but you may argue upon the maintainability of the case based on the time lag.
You can refute the charges and challenge her case properly

Dr J C Vashista (Expert)
14 January 2019

Section 12 of the Protection of Women from Domestic Violence Act, 2005 provides format for an application to be made by aggrieved person, what is the relief claimed i.e., u/s 18, 19, 20, 21 or 23 ?
Consult your lawyer if you have already engaged otherwise contact and appoint an able and prudent local lawyer to contest the case(s) slapped on you, you have no escape/ alternative except to accept the challenge willingly.



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