Dv act

Sanjeevappa. L (Querist) 23 December 2011 This query is : Resolved
Husband filed a MC case U/section 9 of Hindu Marriage Act for restitution of conjugal Rights and the said petition allowed and wife is directed to join the society of husband within 3 months from the order. The wife during the pendency of the above MC case filed a case under DV Act. In the above MC case no maintenance was awarded. The DV Act case is pending. Such being the fact, can the husband take the advantage of the judgment passed in MC case to dismiss the DV Act case. Plz give me any supported decisions/citations. Thanks in advance.

Follow Query

Report Abuse

ajay sethi (Expert) 23 December 2011
what are the allegations in Dv case?

Shonee Kapoor (Expert) 23 December 2011
Dear Sir,

This problem can be tackled in two ways.

1. PWDVA, 2005 is not applicable after 1 year of the last alleged incident as per laterst judgement of Hon'ble Supreme Court in Inderjeet Singh Grewal case.

2. When a decree of RCR is passed, she can not lay claim on maintenance u/s 125, which is the governing section for award of maintenance in PWDVA, 2005.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Expert) 23 December 2011
yes you can take plea of this judgement against DV case for show his behaviour/intention. and prayer for dismiss.
feel free to call