DV filed after 21 months

It is pure act of vengeance. Since I filed divorce in Mumbai, she thought of fighting back by filing DV against my entire family. It is quite surprising as we are not in contact since 22 months. Ideally, her case should have been rejected by the Magistrate. I'm supposed to file reply in few days. Lets see.

Ideally, it is One-year from the date of the last incident, according to Supreme Court judgment in Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August 2011 www.indiankanoon.org/doc/1337239,

if you just look at sec 32 (1) cognizance and proof ( Notwithstanding anything contained in the code of CRPC 1973 (2 of 1974), the offence under subsection (1) of section 31 shall be cognizable and nonbailable) and also reading out the section 28 of the DV act the procedure to be followed is CRPC. the standard procedure to be established during the trial is under the CRPC code. but reference may also be made to the CRPC Sec 468(2)(b) as the limitation of 1 year exists for the offense punishable with imprisonment for a term not exceeding 1 year.

I believe there is absolutely a question of law involved with respect to this, which means it is a matter of trial,  you may file quash in high or also can file dismissal application in the lower court as well, but it will all depend on your facts of the case.

Thanks,

Regards,

Aman Chawla

 

Thank you for your reply Aman ji. 

Ideally, the case should have been dismissed in the 1st hearing itself. My lawyer went in the 1st hearing. The magistrate asked if I would like to accept my wife back. My lawyer denied. Later the magistrate enquired my wife if she would like to return to her matrimonial home. She too denied. Magistrate said if both parties are not interested in marriage, why is the case being filed. Both the parties should settle out of the court. Later, wife demanded 15 lakh for out of court settlement. I clearly refused. Now I have to file DV reply later this week. 

In the CrPc 125 case, I have submitted her previous job proofs. She hasnt filed a single proof as of now. She supressed the fact that she was working while CrPc 125 interim argument was held (I have her last salary slips). Now last month, she left her job and sat idle at home to justify her interim maintenence. 

It is clear all her cases are filed with a malicious intent of hoarding money!

No, the case cannot be dismissed on your oral argument, you have to give written objection regarding the maintainability of the complaint, and one more thing you could do at the time of  D.V hearing, you could ask the judge to record the statement of your wife where she said that she does not want to live in the matrimonial home.

And do submit all her salary slips in D.V reply as well.

Most of the cases are filed with the intent to extort money, and you are not the single one who is fighting this battle. So be strong on your averments. 

Thanks,

Regards,

Aman Chawla