Suresh AV (NA) 08 August 2015

Dv case - filing preliminary objection & lower court power to dismiss

Wife left her matrimonial house 3 years back. She filed DV/498A after 3 Yrs of leaving house -

I've read few important SC Judement (Indrejit Grewal 2011) and Bhanot (2012) both are contradictory - and many of experts suggested wife can file DV even after 3 years.
There are other important Judgement from Bombay, Delhi HC which states that wife can't file after 1 year etc - Anyways my main question is

Before Going to Highcourt for Quashing (under 482) - Should I file "preliminary objection" with point by point rebuttle and evidence aloing with favrouable judgement citation ?

If yes what is the right way ? - And most importantly does lower court has power to dismiss this case - my lawyer suggsted that LC doesn't have such power - please advise me

Note: my current stage: i need to file response / reply of their allegation

suresh

Reply Follow

1 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 August 2015

File an objections stating the maintainability of the petition because it is time barred. After filing this you can file an application for maintainability of the petition, while arguing on the application you can submit the citation. If your application is dismissed then you can approach the high court. Lower court can dismiss the petition.