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