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Srinivas (.)     01 August 2014

Dv case-after one year

Hi All, Marriage happend on 22.12.2012 and wife left home on 03.01.2013. After that we are staying separetly and Divorce filed by her on 25.01.2014.

Now Is she has right to file DV Case on me and my parents? Please advise. and please provied HC & SC judgements not file DV  case After one year seperation same.. Thanks to all..



Learning

 8 Replies

ATIN YADAV (lawyer)     01 August 2014

yes that is law dv case filed neccessery after one year limitation acordingly hindu marriege act

S K KARNjhc (Legal Adviser)     01 August 2014

Yes, Adv. Mr. Yadav sir is right

megh dute (TSI)     01 August 2014

R/Member

Can any mental paicent wife file DV on her husband. If their is Dr. prescripttion having about her mental problem.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 August 2014

Srinivas,

 

There are judgments that one can not file DV after ONE YEAR of last alleged incident.

 

Megh Dute,

 

Whether she is a mental patient or not is a matter of fact and not a legal question.

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

amit8 (abcdef)     04 August 2014

Shonee Ji,

 

My dv case was filed after 14 months of last alleged incident , The case is now due for judgement.

If judgement not in my favor , then can i go higher court with this point that case is filed after one year ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

Limitation is a pre-liminary objection. If you had not raised it in trial court, don't know whether Sesssion Court would accept it in appeal.

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

amit8 (abcdef)     05 August 2014

Dear Shonee Ji

 

We had mentioned in our reply and argument that the case is filed after 14 months ,( but not as an objection)

would it help ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 August 2014

You may try. I am not sure about it.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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