bunny (nbcnh) 20 March 2016

Divorce case related

Dear members and advocates,

Request your kind guidance,

Wife left my home in march 2013

i filed divorce petetion in november 15,

then she filed Hma 24 dec 15

then she filed tranfer aplication in high court dec15

transfer aplication dismiss feb 16

now she filed DV act 2005 (18,19,20,22,23) in feb16 (the time frame is more than a year, someone ask me that DV ought to be filed with a year, is this right?)

she added my father and sister name in Dv complained (but my sister got married in 2006 & 2011

She has asked for access to stridhan, RTR, or rent in lieu of RTR,

she has mentioned all the allegations of cruelty

she is well qualified MBA, but she claims in the DV that she doent have work experence and not able to work,

guys pls guide me what to do now ,

thanks

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3 Replies

dr g balakrishnan (advocate/counsel supreme court) 20 March 2016

dv can be filed anytime no time frame. also she can file sec 125 under cr p c asking you to maintain her and if child you may be asked to pat=y monthly 50% of yr earnings.

till divorce ois settled u might be forced to pay maintenance btoo

dr g balakrishnan (advocate/counsel supreme court) 20 March 2016

that is a ckear indication he is modern man with no resoect to any one that way only he might had enough hurted his own wife as if she is his servant so he landed into the problem is as\pparent fact

Samir N (General Queries) (Business) 20 March 2016

The DV petition can be dismissed. Just file an application to dismiss. First, though not relevant, state that you have not committed Domestic Violence and that you are denying all allegations. Second, and more importantly, state that the DV has been filed more than one year after the "Domestic Relationship," as that term is defined under the Act, came to an end. For this, cite Inderjit Singh Grewal vs. State of Punjab & Anr. Cri. Appeal No. 1635/2011 before the Hon'ble Supreme Court of India. Also cite, Bombay High Court decision in Criminal Application No. 160/2011 decided on 7/3/2013. (I do not have the names of the parties but you can get that info online). There may be other citations available too. If the Magistrate rules against you, appeal the Order. Focus on the one year limitation but do assert that all the allegations are denied in toto. The one year limitation applies to all defendants including your sister, parents, etc.

If she has filed maintenance under the DV Act, that will get thrown away once the DV petition itself is thrown. For maintenance under HMA, that will be ruled on the merits... thats a whole different topic. There is a lot of information online. Spend some time researching. There is no shortcut. This forum or any other forum for that matter is NOT a substitute for own research.

I am not an advocate and even if I had been, I would not care whether you called me Sir or whatever... we are here to share whatever little knowledge we have, not to seek respect or gratitude.