domestic violence act 2005
yaseen
(Querist) 23 November 2010
This query is : Resolved
an Indian girl Kamla married an Australian citizen David performing an Hindu marriage ceremony in ahmedabad.David flew to Australia the next morning of marriage.he did not want to marry Kamla in India,as he had applied in Australia for Fiancee visa which requires both should not have married.The marriage was performed just for the sake of relatives.Aftr 3 months Kamla flew to Australia under her maiden name.on arrival,applied for marriage license.Kamla resided with David for 50 days in Australia,but before the marriage could happen in Australia,kamla return to India alleging illtreatment by David.she filed a complaint against David and his mother in ahmedabad under DV act2005.David took following defences:(1)BOTH ARE NOT MARRIED.(2)DV ACT2005 DOES NOT APPLY TO CITIZENS OF FOREIGN COUNTRY(3)PARTIES TO MARRIAGE NEVER RESIDED TOGETHER IN INDIA(4)ALLEGED ACT OF VIOLENCE HAVE NOT OCCURED IN INDIA(5)NAME OF HIS MOTHER MUST BE REMOVED AS NO PROCEEDING CAN LIE AGAINST A WOMAN. help me out from side of kamla.
Devajyoti Barman
(Expert) 23 November 2010
The defences are not mantanable and this place is not appropriate to draft her counter reply. Send the details.
s.subramanian
(Expert) 23 November 2010
Seems to be a moot court problem for law students.
ashish lal
(Expert) 23 November 2010
it really looks like moot problem.Point 1 and 3 do not go together.Point 4 is very absurd as no respondent is going to say so in real case.
