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?
- How I should finish DV case as soon as possible?