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Aarnav   30 October 2018

Can wife file dv after 9 years of separation?

Dear all,

I had posted a thread earlier, but didnt understand the following:-

(1) Hindu Wife left matrimonial house in 2009, so can she file for DV case in 2018?

(NOTE: All fake / Fabricated alligation, but still.... I thought it has to filed within 1 or 2 years of any incidence happening !!!) Can she file DV case even when we have been living seperate from 2009, after 9 years of her desertion?

ALSO: Wife left matrimonial house to get back to her college boy-friend, but now even he left her, so she is pressurising us to extract Rs. 65 Lacks (one time) alimony, using DV ...etc.

QUESTION: Can she file DV case life-long, or it has an expiry date of 1 or 2 years after any incidence? (Domestic Violence never happened, and in fact it was the wife who was beating her handicap husband/myself)



Learning

 8 Replies

Shashi Dhara   30 October 2018

If she goneand living separatelywhat is the reason.why she is unwilling to live with u.why she is refusing to perform marital rights. U issue legal notice to her thru advocate stating to her that she should come to Ur houseand to live with u .if she does not replies filepetition before court to per form marital rights.if she is unwilling u xplain situation to court. The court may give divorce.it may order nominal maintenance asper 125 crpc i.e 3000to4000rs /month.

Shashi Dhara   30 October 2018

If she goneand living separatelywhat is the reason.why she is unwilling to live with u.why she is refusing to perform marital rights. U issue legal notice to her thru advocate stating to her that she should come to Ur houseand to live with u .if she does not replies filepetition before court to per form marital rights.if she is unwilling u xplain situation to court. The court may give divorce.it may order nominal maintenance asper 125 crpc i.e 3000to4000rs /month.

Aarnav   30 October 2018

Dear Shashi Sir,

My previous post had all the complete details, but the problem is that if the post gets too big then the MAIN POINT od discussion gets lost somewhere.

REASON FOR HER LEAVING: After pur first child was born, husband/I got into a terrible accident and she is not willing to take care of a handicap husband + her extra-marital affairs with her previous Boy-Friend.

Shashi Dhara   30 October 2018

If she has etc marital affair uprove it in competent court with proof. Then court will give divorce.she cannot claim any maintenance if she has etc marital affairs court will not give any maintenance to her.

Shashi Dhara   30 October 2018

Don't worry about her.she cannot claim such huge amount as maintenance .the court will not grant it.as u r handicapped ur condition is also hard.prove in court.&her etc marital affairs so no amount is allowed.

vinay_2431 (engineer)     31 October 2018

Hello Shashi Dhara,

    What kind of Proof's can we submit in Court about the extramarital affairs? to prove the adultery

I see that my wife is chatting with a facebook friend, the chats contents are

   "Exchange of love heart Symbols

  and the guy asking phone numbers .

  Video chat's late in the nights [Begin and End times]

  Audio chats [Begin and End times]

  Red Roses Exchanges"

 are these kind of chats sufficient enough to prove that my wife is having a Extramarital Affair with that person/Persons?

I dont think I can ever shoot them togeather on bed and submit the video in Court. 

can the above chats mentioned serve the purpose of Circumstantial Evidence ? can I request for Divorce with the above messages?

Thanks,

Vinay.

Shashi Dhara   31 October 2018

u contact a private detective. he may charge some fee.he collects evidence .u use it in court to prove Ur wife's adultery .

Shashi Dhara   31 October 2018

keep it secretly.

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