Hello,

I am living separately since last 1.5 year as my husband has left me for his dowary demand and his affair with another girl. Due to the tremendous torture from my husband to get divorce from me; i have filed an application to wemen cell before 2 months. Now, i get a summense from court as my husband has filed a case for divorce mentioning false allegations against me and my family.  Can i file a case of domestic violence after my husband has filed a case against me?

Please advice.

Thanks and Regards.

Dear Querist,

You may file a DV case. Having said this, the fact that you have not been living with your husband for the past 1.5 yrs would stand out against you in the court.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

vishakha you can file counter case against you in laws family .

you can file petition for dowry demand and domestic voilence also ,however you are not living with your husband so there is no question of physical voilence with you from your husband and in laws but domestic voilence not only covers physical injury but its also covers mentally injury as you get from your husbands affair with another girl .there are many more remedy avaolable for you ,

feel free to call.

Yes u can file DV case & a couple of other cases as per the provision, but stay clear about ur aim too. Do not get carried away by the provisions only!

As u say that u r separated for 1.5 yrs n HE IS HAVING AFFAIR WITH ANOTHER GIRL TOO. Search inside urself if husband-wife relationship possible with such a guy from ur side?

Better talk of taking back ur dues alongwith alimony in lieu of MCD...............a shoter way to get peace!

Filing DV is more of getting monatery compensation from your beloved hubby rather.

Vishakhaji,

My advice to you is that you can and should file DV case against the husband.  You can file this case one and half a year after separation also.  In this case, you can ask for maintenance, shared household, protection order etc.  If you have children, their expenses also can be recovered from him.  Staying for the last one and half year away from matrimonial home points towards domestic violence perpetrated against you in the matrimonial home, before you leaving that place.  So, there is a valid reason for you to stay away from him.  Just physical abuse is not domestic violence.  In the Act, domestic violance has been given broader descripttion.  His having a relationship outside the marriage is itself a "psychological abuse" and it demeans you before yourself.  The legitimate wife in such situation always ponders that "what I am lacking that the other woman has?", forgetting the fact that some men without excuse develop physical relationship with other women, subject to availability of opportunity.  This thought predominates the mind of the wife and if it is not a psychological trauma, what is that you would call a psychological trauma?.  Similarly, spying the wife or attributing  wrong extra-marital rlationship to the wife are also mental harassment and come within the definition of domestic violence, even though these facts are not there in your matrimonial life.

Now one argument is put before all the harassed women, whose husbands have extra marital relationship.  As the marriage has alredy been broken down and as he is infatuated with some other woman and there is no scope of restitution of marriage relationship, why pusue the court case spending thousands (lakhs) of rupees on advocates and spending  long years in court corridors foregoing mental peace without having any substantive result.  So go for MCD by accepting a lump sum amount and allow the husband to do whatever he likes and try to find out some other man who suits your mentality.  Such arguments discourage the erred and harassed innocent women to claim their legal rights and the real culprits get away doing whatever illegality they do by flasshing some currency on the wife and severing the relationship at the fall of the hat.  Such continuous arguments also attempt to make the DV Act, Section 498-A and Dowry Prohibition Act ineffective, and such arguments, did not ever convince the judges and the judges dismissed all those cases where the constitutional vires of these Acts were questioned.

A is wife of B.  B has illicit relationship with C.  B filed divorce petition in court having deserted A for say, as in this case, 1.5 years.  Some litigation started from both sides, B denied having relationship with C and that the allegations made by A as false, and finally owing to some mediation compromise was reached and HC quashed all legal proceedings and Family court granted Divorce to A and B.  After that B married C immediately within a month after he got divorce. 

Can A re-institute legal proceedings against B for denying her allegations in various courts that he had illicit relationship with C that is why marriage took place between them now?

First time adv chandu has given a proper guidelines to the lady-

"why pusue the court case spending thousands (lakhs) of rupees on advocates and spending  long years in court corridors foregoing mental peace without having any substantive result."

Thanks sirji....

Actually if relationship is strained between hus and wife then better to go for mutual divorce. Filing false cases without proper ground is harrassment for a lady more. Its wastage of time and money also. Sit across the table and decide what mutally can be done for separation. Life is precious and one shud not waste it in court and police. Let us leave these for our politicians and real antisocial people.