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vinay_2431 (engineer)     19 June 2018

Domestic violence case on family

Hello Everyone,

    My friend got married in 1997 and he has a son, who is studing 8th standard,

they both are hindus and staying seperately in a different house past 14 years, now can my friends wife file a Domestic Violence case on his family,she keeps blackmailing that .can she really file a DV case after 21 years of marriage and 14 years of staying seperately? 

    his wife does this black mailing when ever there is a Land or some kind of financial dispute with in the family and gets away with this black mailing.

 

Thaks,

Vinay.

 



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     19 June 2018

If both are living separately for 14 years why the hell this person not going for divorce? As far DV complaint is concerned that wife can file against him as they have lived in domestic relationship, however for last 14 years separated. The domestic violence can even through other means like mental harassment not necessarily physical harm to wife. She can always blame him for inflicting mental harassment on her by his acts that the court will decide but till the decision comes unnecessary harassment for husband continues because of this senseless litigation.

Kumar Doab (FIN)     19 June 2018

Can the spouse establish said blackmailing?

Does the spouse have irrefutable evidence?

The marriage has otherwise failed as per your post.

IT is entirely the decision of spouse(s) to remain under the burden of fractured ( perhaps irretrievable)  matrimonial relation and continued said blackmailing….

Or end IT…..

By contested divorce in court

Or MCD..

Kumar Doab (FIN)     19 June 2018

IT shall not be wise to approach court empty handed or without prepeartion.

Approach a very able Senior LOCAL counsel of unshakable repute and integrity specializing in family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..for a considered opinion and further help.

Kumar Doab (FIN)     19 June 2018

What is BMTC Corporation?

Govt, private, Commercial, Industrial establishment?

The establishment might have paid all terminal benefits upon termination of employment.

What is stated in appointment letter, service rules/conditions, standing orders…?

Did employee contest Termination order and was any case in progress in court?


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