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Dv act.

(Querist) 21 August 2014 This query is : Resolved 
Dear Experts,
My wife was living with me till Dec 2006.She filed a DV Act case against me and my parents and sisters in June 2009(2.5 years after getting seperated from me).She has claimed Rs 25 lakhs,suitable accomodation and Rs 15000 per month as compensation from us in DV Act complaint.I am unemployed since May 2009.Will i have to pay her this compensation?
Shonee Kapoor (Expert) 21 August 2014
Amit,

At what stage the case is at?

Is she employed? What is her qualification? the answer to your query would depend upon many factors. And in any case; 5 years is a long time to decide a case of DV.

I don't know which state the case is in, because there are some rulings that DV is not maintainable after ONE YEAR of seperation.



Regards,

Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.
Arvind Singh Chauhan (Expert) 22 August 2014
Agree with Shonee Sir get it declare time barred on the ground that since 2009 there is no domestic relationship between you and your wife.
V R SHROFF (Expert) 22 August 2014
" because there are some rulings that DV is not maintainable after ONE YEAR of separation."
Any grounds for this statement??

DV has no time Limitation in Act ,2005..
Kindly clarify...
malipeddi jaggarao (Expert) 22 August 2014
Repeated query. Continue in the same thread.
Rajendra K Goyal (Expert) 22 August 2014
No reply to repeated query.
Shonee Kapoor (Expert) 22 August 2014
Shroff Sir,

There are atleast three different HCs which has decided that DV is maintainable till ONE YEAR from the last alleged incident. If you want, you can write to me to get the relevant judgments.



Regards,

Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.
amit (Querist) 22 August 2014
Dear Mr Shonee Kapoor,
The case has been filed in Faridabad(Haryana)in June 2009 and we have filed quashment for my parents and sisters in the High Court of Punjab And Haryana,Chandigarh and we are waiting for that.She is M.Com,M.Phil and employed in a college in Faridabad as lecturere commerce and she has written in her affidavit that she is earning Rs 18000 per month.If you have judgements of HCs regarding 'ONE YEAR'maintainability please provide me that judgement.

Regards,
Amit.
T. Kalaiselvan, Advocate (Expert) 26 August 2014
Thus your case was dragging on so long for your own reason (?), i.e., you have been dragging it on citing pending before high court. If she is properly employed with regular salary income, her maintenance case may not be considered.Question of compensation also may not arise in view of the case being filed at a belated stage of alleged incidence.
amit (Querist) 27 August 2014
Dear Experts,
She has given reference of my earlier job in her DV Act complaint which i had left in May 2009.Should i file an affidavit to inform the court that i am unemployed since May 2009.


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