Sec 9, sec 125, domestic violence
Aakash
(Querist) 25 July 2017
This query is : Resolved
Respected,
I got married to this girl on 08/2008 as per Hindu Marriage. We both are Australian citizen now and separated on 12/2014. We have a son from this wedlock born on 04/2013.
After our separation I came to India and she stayed at our place in Australia for 9 months and came to India on 09/2015 and went straight to her parent's place. We met once after that in a restaurant and some times in the court hearings.
After our 1 year of separation I filed divorce case in Australian court and served her with the required documents. She has filed the response of those documents to Australian court and immediately file Crpc 125 and Sec 9 here in Indian court. Court in Australia granted divorce on 24/11/2016 which she went on for a appeal. On 22/02/2017 she filed Domestic violence case with all those 18-22 against my family including my uncle. Australian court discarded her file of appeal on 07/06/2017 and passed a decree in favor of me. She can not go to any higher courts in Australia any more.
My questions are:
-Can she filed DV after 26 months of separation and even after divorce?
-Is this divorce are valid in India? (We both are Australian Citizen including our son and she did appear on the court in Australia as well as her appealed was dismissed as well.)
-She has done some fraud in Australia and that is the reason she doesn't want to go back otherwise she is entitled to $1500 pension being single mother and $400 for being carer of a son.
-I am happy to pay all the expenses of my son but she is not even allowing my son to meet me.
Please help
P. Venu
(Expert) 26 July 2017
What is the opinion of your lawyer?
Dr J C Vashista
(Expert) 27 July 2017
1. Filing the case u/s 12 of PWDV Act, 2005 can not be stopped but sailing it through is difficult in given circumstances, it is not maintainable.
2. It is valid.
3. It is her personal decision, however, as ex-husband you may advise her as her well-wisher.
4. File a petition for custody of your son, which you can get easily.
Consult your lawyer if you have faith in his/her ability, intelligence and integrity, otherwise change him/her immediately. However, seeking FREE (second) opinion of experts on this platform based on limited information may damage your case.
