Can a women file a case in a state where her parents are residing in Domestic Violence Act-2005. Irrespctive of the couple were staying together in another Indian state .Whether cognizance of the case will be taken into consideration in another state?
After leaving her husband VOLUNTARILY and without consent of the husband for exactly about 2 years and then filing a case in a fit of anger under DV Act-2005. Whether after desertion for about 2 years such case can she files to avenge on her husband?
Whether a single instance of quarrel between the couple on flimsy ground constitute a Domestic Violence under section 3 of DV Act? . It may be please noted that such quarrels were not followed and frequently done never afterwards. At end of two years but after the laps of two years even not residing with her husband and residing with her parents and doing a job to earn money on her own can a DV case may be filed on such single instance only in the court where wife resides with her parents.
Can a DV Case be filed on an instance of quarrel say on 1-2-2006, which is before commencement of the act? The wife files case under DV Act on 10-4-2008 while she was residing happily with her parents doing job.
While deserting her husband on her own and against the wishes of her husband she had taken her children along with her . And now children are living with her. Can the husband file an application before the magistrate under the section 21 of DV Act for visiting rights of the children?
Can a magistrate entertain the application without insisting a report under Sec 9(1)b of the DV Act , a domestic incident report in form -2 from the protection officer.
What are the measures to be taken lawfully by the husband to see his children, as wife is preventing him to see his children and causing a mental agony.