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Dv act section 12 20 22

(Querist) 13 July 2014 This query is : Resolved 
my marriage in 2010
i have issue a girl child in 2011
my wife left my house in 2012 with his parent to attend the marriage with my daughter after that she not come back to my home.in between i call her to come back but she is make excuses i have helth problem i am taking a treatment .doctor advice me to rest ect.i go with my father to take come back her to live with me but she refuse to live with me after that she never come to my home.
my wife file a case in aug 2013 at his parent house u/s 125crpc when i go to attend this case i file a application to take her back my home but she voluantry refuse to come back with me . court decided 1500/- for her and 1000/- for daughter interim maintanace . than i file a section 9 rcr at indore she come to attend the case and refuse to live with me case is pending . in his case u/s 125 crpc at the time of cross exmine she admitted never demand dowary. his father also admit no demand of dowary by me and my family members. other things also admit . now the case is on final stage after this she file a case of dv act section 12 and 20,22 demand 40 lakhs in his petion not mention of any case pending
my question is the dv act case is maintable after live 2 years seperated.if any citiaion please give me
my wife live with parents is other state court have a juridication for file a dv act case in his petion all incedent of before jun 2012.it is maintable if any citiaion please give me
urgently requir
thanks in advance
Dr J C Vashista (Expert) 14 July 2014
Yes it is maintainable, she can file case in the Court of her "choosen" residence. The "deserted" wife is not entitled for maintenance.
Contest the case(s)vigorously, you will get favourable judgment(s) in the given circumstances.
Find out citation yourself which are not provided on this platform.
Arvind Singh Chauhan (Expert) 14 July 2014
Inderjit Grewal V/S State of Panjab
CRIMINAL APPEAL NO. 1635 of 2011
(Arising out of SLP(Crl.) No. 7787 of 2010)
Decided on 23 Aug 2011.
V R SHROFF (Expert) 14 July 2014
"""under the provisions of the Act 2005 is not compatible and in consonance with the decree of divorce which still subsists and thus, the process amounts to abuse of the process of the court." ARE WORDING OF GREWAL SC Supreme Court JUDGEMENT. Decided on 23 Aug 2011.

FACTS OF CASE IS TOTALLY DIFFERENT

They were Divorced by Mutual Consent, 13B, and later on , she challenged Divorce.

So at the time she applied DV, there was end of Domestic Relationship voluntarily.

MOHIT, DV IS MAINTAINABLE; AND GREWAL CITATION DO NOT HELP YOU.
mohit (Querist) 14 July 2014
any other citation because in Inderjit grewal v/s state of punjab they were divorced after divorced filed dv case
ajay sethi (Expert) 14 July 2014
DV case is maintainable it is a continuing offence
vinay kumar (Expert) 14 July 2014
Plz understand , violence z violence whether it was happened two years back or now,,the burden of proof lies on your wife....voilence has no limited definition..it could be in any manner...so clarify the allegations she has put in her complaint...expert z right it z continuing offence...no specific ruling could be provided with respect to ur request...every ruling has different backgrounds...as such suggested above by experts...clarify the allegations......
Rajendra K Goyal (Expert) 14 July 2014
Rulingig not provided in this section, search indiankanoon.com.
mohit (Querist) 14 July 2014
my wife refuse to live with me in my section 9 rcr case after appering in court also say that he does not want to live with me . my question is that can it is possible i can convert my section 9 rcr case into divorce or continue with rcr
ajay sethi (Expert) 14 July 2014
is your wife willing to divorce you ? contested divorce proceedings take over 5 years to be disposed of . arrive at settlement with your wife
mohit (Querist) 14 July 2014
sir,

i can't understand is your wife willing to divorce you ? contested divorce proceedings take over 5 years to be disposed of . arrive at settlement with your wife please make me clear about this .
thanks in advance
Devajyoti Barman (Expert) 14 July 2014
DV is maitainable.
T. Kalaiselvan, Advocate (Expert) 15 July 2014
A case under the provisions of protection of women from domestic violence act is maintainable under the given circumstances. You may withdraw RCR and file a regular divorce case on the grounds of cruelty and mental agony, but see that if she is agreeing for MCD, you may go for it so that the problems will get solved soon.
mohit (Querist) 15 July 2014
can it is possible i can convert my section 9 rcr case into divorce or continue with rcr
Devajyoti Barman (Expert) 15 July 2014
better withdraw the RCR and file divorce suit.
mohit (Querist) 15 July 2014
dir sir,

my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse , my case is now on final orrgument please give me some cititaion on 125(4) where 125 crpc is rejected if not possible cititaion please give me a link or head of cititaion
thanks in advance
mohit (Querist) 15 July 2014
can it negative for me if i convert rcr into divorce
ajay sethi (Expert) 15 July 2014
search in indian kaanoon.com for judgements
V R SHROFF (Expert) 15 July 2014
RCR CAN BE CONVERTED INTO MCD 13B, WITH Consent term signed in pr of Mediator, and u can get Divorce in few days.
Keep open that Litigation, to get advantage of "no 6 months cooling period, and instant Divorce, "by withdraw RCR, u r not getting anything. "
by utilising it's lit period, u can reduce 6 months wait time of mcd to nil, and get divorce. Both your advocates must sit together, discuss and finalise the issue..
Devajyoti Barman (Expert) 15 July 2014
applying for divorce is your legal right and there is negativity in taking recourse of legal rights.
mohit (Querist) 15 July 2014
dir sir,

my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse , my case is now on final orrgument please give me some cititaion on 125(4) where 125 crpc is rejected if not possible cititaion please give me a link or head of cititaion
thanks in advanc
T. Kalaiselvan, Advocate (Expert) 15 July 2014
Why do you keep repeating the same thing again and again. Your query has been properly addressed by many experts. If there is a compromise to file MCD, then in the RCR itself you both can file a memo to that effect or have to file a fresh petition either under mutual consent or on the grounds of cruelty, the fresh can be filed only after withdrawing the pending case(RCR)
Dr J C Vashista (Expert) 16 July 2014
Nothing more to add, consult your lawyer
mohit (Querist) 27 July 2014
my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse now after 2 years living seperate she file dv case at his parent house which is in another state.it is maintable
mohit (Querist) 27 July 2014
n 125 crpc cross exmine my wife and his father admit there is no demand of dowery before or after marriage . also admit she is not try to go back and my husband come at my home to bring me back ,after this cross she file a dv act case and demand 40 laks in section 12 20 21 from me and my family member also my mother is respondent in his case . in this case not a single alligation is mention with time and date she is living seperate last 2 years from me he also admit in cross . my question is this dv case is maintable. can a female make a respondent in dv act . any other suggestion how can i face this false case . can i make any case againest her .
thanks in advance
ajay sethi (Expert) 27 July 2014
female can be made respondent in DV case . fight DV case on merits
Devajyoti Barman (Expert) 27 July 2014
you are advised enough, now do not drag this query anymore.
mohit (Querist) 24 August 2014
sir,

new facts in my case in my rcr case i ammendent it in divorce my wife says no objection in court and court convert my rcr into divorce on ground of crulity and desert issue also make. but after that my wife give a complaint in her parents place police in section 498a against me and all my family member making false allagiation that i have demands rs 2 crore and also false allagiation on me when me and my father go to take her before and case pending. she make false allagiation that i rape her the allagiation she made is about 1 and half year before making complaint u/s 376(b). what can i do now please advice me as soon as possible.
thanks in advance
mohit (Querist) 25 August 2014
my marriage in 2010
i have issue a girl child in 2011
my wife left my house in 2012 with his parent to attend the marriage with my daughter after that she not come back to my home.in between i call her to come back but she is make excuses i have helth problem i am taking a treatment .doctor advice me to rest ect.i go with my father to take come back her to live with me but she refuse to live with me after that she never come to my home.
my wife file a case in aug 2013 at his parent house u/s 125crpc when i go to attend this case i file a application to take her back my home but she voluantry refuse to come back with me . court decided 1500/- for her and 1000/- for daughter interim maintanace . than i file a section 9 rcr at indore she come to attend the case and refuse to live with me case is pending . in his case u/s 125 crpc at the time of cross exmine she admitted never demand dowary. his father also admit no demand of dowary by me and my family members. other things also admit . now the case is on final stage after this she file a case of dv act section 12 and 20,22 demand 40 lakhs in his petion not mention of any case pending
my question is the dv act case is maintable after live 2 years seperated.if any citiaion please give me
my wife live with parents is other state court have a juridication for file a dv act case in his petion all incedent of before jun 2012.it is maintable if any citiaion please give me
my wife refuse to live with me in my section 9 rcr case after appering in court also say that he does not want to live with me .
my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse , my case is now on final orrgument please give me some cititaion on 125(4) where 125 crpc is rejected if not possible cititaion please give me a link or head of cititaion
new facts in my case in my rcr case i ammendent it in divorce my wife says no objection in court and court convert my rcr into divorce on ground of crulity and desert issue also make. but after that my wife give a complaint in her parents place police in section 498a against me and all my family member making false allagiation that i have demands rs 2 crore and also false allagiation on me when me and my father go to take her before and case pending. she make false allagiation that i rape her the allagiation she made is about 1 and half year before making complaint u/s 376(b). what can i do now please advice me as soon as possible.
thanks in advance
Dr J C Vashista (Expert) 26 August 2014
Engage a local lawyer.
mohit (Querist) 16 November 2014
in my rcr case i ammendent it in divorce my wife says no objection in court and court convert my rcr into divorce on ground of crulity and desertion issue also make. i am my family member and some other relative give cross exmaine after that my wife advocate said that they dont want to give crossexmin by my wife or any other my case is now on final arguments please tell me what is next when my wife not give cross exmin and not given any evidence support his allagitaion please tell me any judgments .
thanks
Devajyoti Barman (Expert) 16 November 2014
When the suit is fixed for argument , then no more evidence is allowed by court. prepare for final argument.
mohit (Querist) 14 January 2015
Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case. But my wife case of DV act and 125 Crpc is still pending . my question is that after getting divorce on both cruelty and desertion what effect in dv act case and 125crpc.sir please advice me and if possible please give me any cition or case reference witch suit me for this situation .can this case is still maintable please give me advice as soon as possible.
thanks in advance
mohit (Querist) 16 March 2015
Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case. wife petition u/s 125 crpc is also rejected on ground 125(4) only my child maintenance order pass by court. my question is after getting both judgments wife pending dv act u/s 12 (20) is still pending . is it maintainable please advice me what can i do now .any citation or case ref. if possible please give me.
thanks in advance
mohit (Querist) 19 March 2015
Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case. wife petition u/s 125 crpc is also rejected on ground 125(4) only my child maintenance order pass by court. my question is after getting both judgments wife pending dv act u/s 12 (20) is still pending . is it maintainable please advice me what can i do now .any citation or case ref. if possible please give me.
thanks in advance
Arvind Singh Chauhan (Expert) 20 March 2015
If in divorce proceeding civil court has found that wife is on fault and there is no no violence from the side of husband.

Plead in Dv proceeding that finding of civil court is binding on criminal court. Though proceeding of Dv act is quasi civil but finding of sec 13 is purely civil and should prevail over Dv proceedings.

There are lots of citation that finding of civil court prevail over criminal court.
mohit (Querist) 24 March 2015
Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case. wife petition u/s 125 crpc is also rejected on ground 125(4) only my child maintenance order pass by court. my question is after getting both judgments wife pending dv act u/s 12 (20) is still pending . is it maintainable please advice me what can i do now .any citation or case ref. if possible please give me.
thanks in advance


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