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Fighter   15 March 2021

Can wife file dv act case after mutual consent divorce

I have taken mutual consent divorce around 4 years back (The year 2017). I have paid one time lumpsum very good amount as permanent alimony and child support charges for my minor daughter (8 years old now). The daughter's permanent custody is with my ex-wife. It was a one-time payment as per mutual consent terms and conditions under Hindu Marriage Act 13B. Court has passed the final decree around 4 years back.

Earlier Domestic Violence Act case was closed by the judge saying the matter is legally compromised by taking mutual consent divorce. I have done second marriage after divorce and have two small kids. My ex-wife has not done second marriage.

Now recently ex-wife has filed a Domestic Violence Act section 12 case against me for additional per month maintenance to my ex-wife and my daughter. She is now demanding 20000 rupees per month to her and 20000 to daughter. We have a very well-drafted mutual consent agreement saying she can not claim any maintenance in the future and can not initiate any legal suit against each other. 

  1. How I should fight to dismiss this new DV case?
  2. Should I use time limitation CRPC 468 saying DV case not allowed after 1-year separation?
  3. Is it allowed to file DV case twice?
  4. What all objections I should raise for dismissal of DV case and not paying maintenance in DV case?
  5. How I should finish DV case as soon as possible?


 10 Replies

Shashi Dhara   15 March 2021

Submit it in court thru advocate and oppose it.

Kevin Moses Paul   15 March 2021

According to your query, I may let you know that when there is divorce decree by mutual consent a woman isn't eligible to file a Domestic Violence case.
Thus, it can be said that after divorce by mutual consent a woman can't file a domestic violence case against her husband and his parents (her in-laws).

Moreover, if such a case is filed after divorce decree it is not maintainable and has to be dismissed.

Hope It Helps

Regards
Kevin M. Paul

sneha jaiswal   15 March 2021

As per your query concerned, when there is divorce decree by mutual consent wife can not file the domestic violence case against you. If the case is filed after divorce decree then it will not maintainable and has to be dismissed. If you have received the court notice for the domestic violence case you have to appear before the court and produce the divorce decree copy to bring the same to the knowledge of the court.

Hope it solved your query

Regards, 

Sneha Jaiswal

Adv. Morzaria (Advocate )     16 March 2021

please share copy of the very well drafted Mutual consent Terms for accurate legal opinion

P. Venu (Advocate)     16 March 2021

What is the cause of action for the fresh DV case?

Fighter   17 March 2021

Originally posted by : P. Venu
What is the cause of action for the fresh DV case?

 

She is demanding additional monthly maintenance, saying she has received very small Permanent Alimony and a small amount for daughter, with this amount she is finding it difficult to surive. But the amount is very big (Around 25 Lac INR) for wife and daughter together.

Shashi Dhara   18 March 2021

U have to pay enhanced alimony to Ur daughter and cannot escape but u can oppose againast  Ur  wife.

P. Venu (Advocate)     18 March 2021

In my understanding, the fresh DV case is an action without a cause.

lawyer_rajiv (9811284735) (lawyer)     12 May 2021

In my considered opinion, after divorce by mutual consent, all the disputes regarding alimony, maintenance etc are settled qua your ex wife but your daughter still has her rights intact.  Daughter can claim the maintenance through her mother if the daughter is minor.  However, one has to go through the contents of the  judgment for further clarity.

Fighter   16 August 2021

I have paid a lump sum payment of 24 lacs together to my ex-wife and daughter. 

Questions:

  1. Even after lump-sum payment do I need to pay an additional amount for my daughter?
  2. Can the wife take benefit of Hindu Marriage Act Section 25 (2) to get an additional amount?
  3. Is there any judgment that says husband no need to pay the additional amount after lump sum payment to wife and child?

 


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