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vignesh Achar (advocate)     26 June 2012

Domestic by divorcee wife

Hi, Can a Divorced wife file application under DOMESTIC VIOLENCE ACT ?



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 6 Replies


(Guest)

No. Once there is dissolution of marriage between husband and wife and decree of dissolution is passed, there cannot be any existing relationship. Everything ceases. If at all it is filled, the issuance of process can be challenged by way of Criminal Revision Application u/s 397 & 399 of Cr. P. C and you can pray for recalling of process.

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vignesh Achar (advocate)     27 June 2012

Thank you Mr. Nayyar for your valuable reply.

But, the problem with my case is that, I have already entered appearnace, and obtained the Decree of Divorce during the pendancy of DV proceedings. I cant challenge Issue process. Insted i wish to get it dismissed as NOT MAINTAINABLE. I am in need of any ruling to that effect. Imputs will be appreciated. Thanks in advance.


(Guest)

You can prefer Criminal Application u/s 482 of Cr. P. C challening the maintainability and praying for quashing of the proceedings lodged by your ex-wife subsequent to divorce.

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ravindra (Analyst)     28 June 2012

Yes Divorcee wife can file DV case

Sudhir Kumar, Advocate (Advocate)     08 July 2012

Divorce is civil process and DV is criminal process.  It is relevant as to on which ground the divorce is there.


(Guest)

Ravindra,

when the relationship which was due to the marriage between husband and wife is dissolved, wherefrom DV Act will be maintainable if instituted by a divorcee wife? The same does not stand at all.

NEW DELHI: A couple from Punjab separated and obtained divorce by mutual consent but the woman filed a case against her ex-husband under Domestic Violence Act claiming that they continued to live together.

A Supreme Court bench of Justices P Sathasivam and B S Chauhan August, 2011 quashed the case against Inderjit Singh Grewal and told the woman, Amandeep Kaur, that a case under DV Act could not be maintained as long as the decree of divorce remained in force.

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