Dv filed by wife


Hi All,

 

My wife filed 498a in Jun'2011 and DV in Nov'2011 with almost similar complaints on all family members.

In her affidavit, she alleges that we kicked her out in Jul'2010. Afterwards, in Jun'2011 we were asking her dowry over phone, so she filed 498a. Also her allegations is that we asked her dowry in Aug'2011 also. 

a)Now since she left matrimonial house in Jul'2010 and we didn't have domestic relationship from then onwards as alleged, can we file non-maintainable application using SC judgement(Inderjit grewal vs State of punjab) that DV can't be filed after 1year of separation.

b) In DV she is asking for Interim Maint'e which I want to fight tooth and nail. Can you plz give me some oints that will help as she worked before, is a MBA gradute, metro women, claims that she has 10L gold  in affidavit

c) Should I file RCR to avoid interim maintenance as I am unemployed now. Don't mind staying with her if she withdraws the 498a.

 

Thx

Kumar

 
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zz

a)Now since she left matrimonial house in Jul'2010 and we didn't have domestic relationship from then onwards as alleged, can we file non-maintainable application using SC judgement(Inderjit grewal vs State of punjab) that DV can't be filed after 1year of separation

>> Worth trying........but courts seldom reject these applications as NON-MAINTAINABLE!

b) In DV she is asking for Interim Maint'e which I want to fight tooth and nail. Can you plz give me some oints that will help as she worked before, is a MBA gradute, metro women, claims that she has 10L gold  in affidavit

>> MBA graduate--- Ur favor, Previously working -- Ur favor

Metro woman, 10L gold-- Doesnt matter in DV

c) Should I file RCR to avoid interim maintenance as I am unemployed now. Don't mind staying with her if she withdraws the 498a

>> Ur choice...................But I will never agree to RCR or accepting such lady back

 
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Managing Partner

Your maintainability application will be heard in the high Court...file an application that the same is not mantainable...and if rejected..file an application 482 in the HC..

 

Or just get a certified copy of the summoning order and file an urgent application u.s 482 directly in the High Court..praying to quash the summonning order since the same is not maintainable...taking help of the above mentioned judgment..

 

See what the High Court has to say...

 

Vikram

 
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Senior Partner

@ Author


1.
“Domestic Violence” is not classified under ‘Offence’ as per definition under CrPC the Code. Reason being the moment you say so the whole Act gets coverage under being Criminal Act and not quasi criminal / quasi civil as it is enjoying color as per various interpretations from various HC’s - right


2. Now unless and until there is a ‘continuation’ of ‘cohabitation’ among same couple and or alleged perpetrators it cannot be termed as a continued violence. – right


3. Agreed the Act talks of ‘protection order’ but when there is no continuation of alleged violence and after lapse of one year which is equal to punishment in case any protection order is disregarded by respondent(s) so alleged acts of violence which happened as per Applicant / aggrieved wife’s version cannot be termed as something similar to will always happen in perpetually till either party dies and or their marriage is dissolved! - right


4. Now from last alleged incidence of domestic violence when the parties have not been living in shared household how ‘continuation of violence” may happen? – right


Summoning Order under DV - The challenge is first before Sessions Court then it goes to HC and then to SC and not directly jumping to HC is my view.

 


Total likes : 1 times

 
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@Tajob Sir,

So it means if there is no Domestic Relations for ONE Year, DV applicabilty can be challenged first before Session, then HC and then Possible to SC..

It is same as time limit, I think ?

 
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Senior Partner

oh that

he he

 
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Advocate

File a quash petition against DV complaint in  High Court.. The DV is not amaintenable one.

K.P.Satish Kumar M.L.

Advocate Chennai

@ 9962999008

http://yourdivorceadvocate.blogspot.in/

 
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Software Engineer

how come you still want to lve with her? i just dont get it...

Anywayz..

1. she left you more than 1.5 year ago.

2. you are unemployed

3. you have not had any kind of contacts during this time

filing an RCR will be suicidal for you

when you fil RCR you will need to explain the reason for the delay in filing RCR after your wife left...in your case you need to provide a satisfactory explaination for waiting for 1.5 year before filing RCR...you will also need to prove that you tried to contact her during this period many times and asked her to come back but she bluntly refused..and you will need to prove all this...if you fail to prove this you are sure to lose your RCR and thats only buying more trouble...

also, the moment you say you did contact her, she will say you had indeed contacted her but only to abuse and harass futher...then theres no way you can get your DV quashed...

also, if your wife responds to your RCR saying that she is wiling to join you but under some condtions...you might be left with no option but to agree to her conditions...she can put up conditions like you should leave your parents and put up a seperate family ...since you are unemployed at this time she may even put up a condition that you should leave your parents and come and live with her at her parents place...because you are not capable of taking care of her needs as you are unemployed and she is not interested in aking care of your parents needs...etc etc...if not all you will have to agree to atleast some of her conditions...and that again is inviting more trouble

she may make an allegation saying you only want her now after 1.5 year becasue you lost your job and are in dire need of money...this will strengthen her DV and 498A

 
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NIL

@shweta.

nicely explained.. 

 
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clerk

@shwetha . what do u reommend as I can't pay interim maintenance

 
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