Possibility of dv case if i file for divorce

Dv case is filed to recover maintainence, protection order, resident orders. yes she can file DV case and misue of DV case is common.

Originally posted by : Soumitra
	My wife is living seperately from me since March 2016. She was pregnant at that time and had gone to maika for delivery.  My son was born premature in Apr 2016. She alleges that me and my parents didnt take care of her that is why she had  premature delivery. My parents dont live with me and she had not visited sarural after marriage. She has not come home  after Mar 16. I am planning to file for divorce and she is threatening to file DV case.  My question is what happens if she files a DV case and what steps should I take if that happens

If you are ready to pay maintenance for your child and wife only then file for divorce. because when you file for divorce she will file application of interim maintenance in divorce proceedings and court will first decide the application of interim maintenance.

Moreover, you need to have strong evidence to prove your allegations. otherwise court will not allow your divorce petition.

She may file criminal case of dowry demand and stridhan against you and your parents ( 498a and 406 IPC)

So, i advise you not to start the litigation and try sort the matter amicably

Your firdt step should be to file an action for restoration of conjugal rights.

She cannot file DV case one year after separation. Let her file it. You can get it thrown right away.