Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aarnav   10 August 2018

Can wife file- dv against hubby after 9 years of seperation?

Dear Sir/Madam,

BACKGROUND: Hindu Marriage 2008, Both have Ph.D. (but husband got into an accident after marriage).

WIFE: Earns Rs. 1.55 Lacks/month (through job in the University & 2 rented luxury bungalows)

HUSBAND: Earns Rs. 7000/month by taking tutions due to handicap status. Has to pay Rs. 9000/month for childs inteream maintenance. In Cr.P C 125, the judge is pro-women, and ignoring husbands earning capacity or handicap status. (The additional amount husbands mother is paying for maintenance)

ONE-TIME-ALIMONY: She ran away from her matrimonial home, as she didnt want to take care of her handicap husband, but now, due to her property greed after buying 2 bungalows, she is having had time paying EMI's, so she is asking for Rs. 65 lacks as one time alimony, which I dont have it. She is forcing us to sell our ancesteral house, so we can meet here alimony demands !!!

QUERSTION 1: To further harass us, she has file for DV, after 9 years of seperation/divorce filing by husband. Is this case valid? (I thought filing DV is not valid after 1 year of the incidence)

QUESTION 2: Marriage Ammendmend Bill 2010 is still not passed competely, but after that can she lay claims on our ancesteral property, for her share as well as on behalf of our child?

NOTE: My lawyer is in hospital for his knee replacement surgery and will be on bed-rest for at least a month, so please help me understand the legal issues. Thanks in advance.



Learning

 6 Replies

Aarnav   10 August 2018

NOTE:-

* In 2012 after husbands father passed away, as per his will, the ancesteral house was legally transfered in husbands mother name, by a gift deed.

Still can cruel wife lay claims on this peoperty, as an ANCESTERAL PROPERTY, and put claims on it through herself and the grandchild? (Can she put claims on this peoperty which now should be legally considered as my mom's STREE DHAAN?)

VIRAJ KADAM (Advocate Supreme Court of India)     10 August 2018

You need good lawyer to handle your case. Hire a good lawyer and proceed. Looks like you have a good case on merits. You need to put it right. 

SOLOMON.RAJ (advocate/director)     11 August 2018

Dear Arnav,

Sections19,20 &21 of the DV Act providerestraining,compensation,protection from alienation etc.

What the above sections state or reliefssought under these provisions are not while living alone together but even after separation.

In your case since 9 yrs hve passed by you can always file acointer and seek dismissal of the DV case on thiis ground alone.

Your child can claim his or her share in the ancestral property according to HAMA.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Adv Deepak Joshi +917017821512 (Advocate)     11 August 2018

Wife and file domestic violence case after 9 year. As per PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 there is no bar from filling case.

As some reliefs in case PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 have nothing to do with time frame. Example Section 18.Protection orders, Section 19. Residence orders, Section 20. Monetary reliefs, Section 21. Custody orders. These provision have nothing to do if parties to marriage are living separately or with each other only requirement is they must legal weeding parties.

You may file counter about your separation period, not sure how firm it will stand.

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     11 August 2018

DV will not stand but you have to contest.

Once you can prove she went away after her will no body forced her to go and also her properties you can come out of the cases.


(Guest)

Whether DV will stand or sit or sleep court will decide.  Family matter need to be solved between four walls. Once matter is in court, best to take mutual divorce.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register