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mohit (others)     19 March 2015

Dv act

Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case. wife petition u/s 125 crpc is also rejected on ground 125(4) only my child maintenance order pass by court. my question is after getting both judgments wife pending dv act u/s 12 (20) is still pending . is it maintainable please advice me what can i do now .any citation or case ref. if possible please give me. 
thanks in advance



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 10 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 March 2015

It is maintainable, fight the case on merit

Sunil Kumar (IT)     19 March 2015

Hi Mohit, How much time it took to get divorce.. just wanted to know.. I am fighting divorce case too

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 March 2015

Dv case is maintainable as in all circumstances the cause of action is different you can not get quashed this case by getting won the other cases; advise well fight this case too and make a hatrick.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

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(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters

satya (Manager)     20 March 2015

DV case may continue in case  domestic relationship and domestic violence  proved by the complainant. The whole domestic violence act says that without proving the domestic vilence the case under DV Act may not continue. This law is misinterpreting in so many decisions.

mohit (others)     21 March 2015

Dir sir,

Finally I get divorce on both ground cruelty and desertion in my case.now my  wife appeal in high court ground on Jurisdiction  please advice me what can i do now .any citation or case ref. if possible please give me. 
thanks in advance

Arvind Singh Chauhan (advocate)     21 March 2015

 

f in divorce proceeding civil court has found that wife is on fault and there is no no violence from the side of husband. 

 

Plead in Dv proceeding that finding of civil court is binding on criminal court. Though proceeding of Dv act is quasi civil but finding of sec 13 is purely civil and should prevail over Dv proceedings. 

 

There are lots of citation that finding of civil court prevail over criminal court.

Arvind Singh Chauhan (advocate)     21 March 2015

 

If in divorce proceeding civil court has found that wife is on fault and there is no no violence from the side of husband. 

 

Plead in Dv proceeding that finding of civil court is binding on criminal court. Though proceeding of Dv act is quasi civil but finding of sec 13 is purely civil and should prevail over Dv proceedings. 

 

There are lots of citation that finding of civil court prevail over criminal court.

mohit (others)     22 March 2015

Dir sir,

Yes  I get divorce on both ground cruelty and desertion in my case and also in  wife petition u/s 125 crpc is also rejected on ground 125(4)   by court. my question is after getting both judgments can Dv act  proceeding on ground that finding of civil court is binding on criminal court. Though proceeding of Dv act is quasi .  please advice me what can i do now .any citation or case ref. if possible please give me. 

thanks in advance

 

mohit (others)     24 March 2015

Dir sir,

Yes  I get divorce on both ground cruelty and desertion in my case and also in  wife petition u/s 125 crpc is also rejected on ground 125(4) by court. my question is after getting both judgments can Dv act  proceeding on ground that finding of civil court is binding on criminal court. Though proceeding of Dv act is quasi .  please advice me what can i do now .any citation or case ref. if possible please give me. 

thanks in advance

mohit (others)     29 March 2015

Dir sir,

Yes  I get divorce on both ground cruelty and desertion in my case and also in  wife petition u/s 125 crpc is also rejected on ground 125(4) by court. my question is after getting both judgments can Dv act  proceeding on ground that finding of civil court is binding on criminal court quash .  please advice me what can i do now .any citation or case ref. if possible please give me. 

thanks in advance


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