Application Of DV act.

Capt. M.R.Kunju (Querist) 12 March 2011 This query is : Resolved
Dear Sir,
1. Married under muslim personal law.
2. wife files divorce in family court.
3. Wife files Petition under DV act. Court grants maintenenace and protection. Husband asked to get out of matrimonial house, built by husband and is in both names.
4. Divorce petition declared Ex parte in favour of wife.
5. Wife remarries and continues staying in matrimonial house with new husband.
6. Is the court order restricting me still applicable as the same is with the police and the police is harassing me.
7. Can i set aside the DV act order and what other options do I have.
Best regards

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Devajyoti Barman (Expert) 12 March 2011
If you are aggrieved by the order of the court then prefer an appeal against the order before the higher court. Other than that you can file an application u/s 25 of the ct for modification of the order under changed circumstances.

Arvind Singh Chauhan (Expert) 12 March 2011
Thanks to the queries t and thanks a lot to Barman Sir.

Dayananda Gowda (Expert) 12 March 2011
If she married a another person file a petition as stated by barman sir to alter the order

Legal Fighter (Expert) 12 March 2011
file an application u/s 24 of DV Act for setting aside the earlier order in changed circumstances. now she is not in a domestic relationship with you.

Legal Fighter (Expert) 12 March 2011
use the judgment (2008)1MLJ(Crl)984(BMM) in your support.

Uma parameswaran (Expert) 12 March 2011
Yes. You can move a petition to set aside the order .

Sarvesh Kumar Sharma Advocate (Expert) 12 March 2011
set aside application can be file before the court!

G. ARAVINTHAN (Expert) 12 March 2011
file appeal before the Sessions Judge

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