LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shaon   14 November 2019

Wife filed dv without fir after appearing i. divorce case

Hello everyone, I have been staying in India since August 2018, and have not been cohabiting with my wife since. My 14 year old daughter resides with me and my wife used to visit her sometimes but we never stayed together. I filed for contested divorce on Jan, 2019. After 5 dates and creating lot of nuisance she appeared in the case on 1st Oct, 2019. In the meantime she filed a false NCR on June, 2019 against me, which was closed after i submitted eveidence in local PS. I also obtained a restraining order against her through family court, so that she cannot enter my house in any pretext. Now on Nov, 19 she filed another false NCR on DV..Police refused to do FIR. She now filed a DV case under magistrate in Traffic Court. I have every evidence against her to prove that i never have cohabited with her on any context and i am the sole owner of my house. Moreover she stays with her parents in Kolkata and i stay in Bangalore. She cannot do maintenance as she used to work and is well qualified and i have every proof of all her earnings as well. My queries : 1. Can DV case be quashed and on what grounds 2. Can DV holds any base after she has appeared and contested in the divorce case. 3. Will i be instructed to leave my house 4.i have a injunction that she cannot enter my house under any pretext. Can the magistrate overrule the district judge's ruling? Kindly help


Learning

 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     14 November 2019

you have to contest DV case on merit, as per your facts have strong ground to defend your case.
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register