Domestic violence
Azimurrrehman Ansari
(Querist) 13 July 2014
This query is : Resolved
I stay in Mumbai. My wife deserted and took both the children three years back and all the household things and went to Ahmedabad, where she is staying in my house fully owned by me putchased thorugh loan and still I am paying EMIs. When she left I immediately filed Restitution.
After moving there Firstly, she filed a case on Ahmedabad property and showing her possession which is at the final stage and she is fearing of loosing. Than she filed maintenance application under 125 and got the maintenance for both the children and her application for maintenance was rejected.
In her statement of Cr. P.C. 125 she said that we are separated since last four years and she is not ready to stay with me.
Now she had file Domestic Violence in Ahmedabad and asking for protecting of staying in my house and maintenance.
My question :
Can she file DV after separation of four years. Is there any limitation of filing DV.
There are two properties in her name in Mumbai. Can she ask for protection in husband's house which is in Ahmedabad and that too having loan and is mortgage to financial institution.
She had also inserted the names in DV of my mother who is 75 years old and sister. Can they be exempted in attending court cases.
How time it takes for final hearing.
Devajyoti Barman
(Expert) 14 July 2014
1. Yes, she can file even now.
2.Yes, she can claim over Ahmedabad property as well.
3. Nobody is expected to appear in case whose name is not there.
Life span of DV case should not be less than 5 years.
T. Kalaiselvan, Advocate 
(Expert) 15 July 2014
She has right to residence which can be enforced through DV act hence there is nothing wrong in she filing the DV case for residence and maintenance. She can file the same against your mother too quoting the telephonic tortures by her. The losing of the civil case over the property in Ahmedabad will be an eye opener, which can be utilised by to challenge her DV case appropriately.
