satya (Manager) 21 November 2014

498a and dv case after divorce

Dear expert,

My wife filed 498a case in april 2013 and DV case in 2011 and again DV case in 2014. On 5th Nov 2014 I have been granted divorce on the ground of desertion and cruelty. How I may file my decision in these cases and how these cases may be closed as the cruelty of wife have been proved in DJ court and trial of these cases taken place by lower court. Is it justified as per prevailing law?

Reply Follow

5 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 November 2014

File petition with Article 227 in High court in-person (Without Advocate).

Sample petitions are in the following link.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.VHGvTmeDVdg

T. Kalaiselvan, Advocate (Advocate) 25 November 2014

What was the disposal of DV 2011 case, why did she file a fresh DV case?, if you have already obtained divorce, you can challenge the pending cases accordingly on merits.

satya (Manager) 26 November 2014

No accountability in Judiciary. They are doing anything. When in 2011 the DV case rejected by court then How the DV case may file again when there are no reunion. The magistrate was hasty to pass interim orders without establishing the domestic violence. On the ground that the order was not under sec 18 I got an order of high court to quash of FIR under section 31 of DV ACt. Now I made an appeal to DJ for quashing the DV case as there are no domestic relationship and domestic violence.

My problem is this that when a case has been trialed by ADJ how a magistrate may trial the case. ?