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Puneet (Victim)     02 April 2013

Dv law misuse kerala minister kb ganesh

As you all must have read the news about how the wife of Kerala Minister KB Ganesh filed DV case against him and forced him to resign from his post.

As his wife mentions that she was suffering domestic violence for past 14yrs but the question is why she did not report this for so long and why she only reported now when her husband filed divorce.This clearly shows how women misusing the laws.

Now the question is if there is no cohabitation between husband and wife for more than a year then how can wife file DV as without proximity it is impossible to cause domestic violence ?



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 4 Replies

Nitin (Law)     02 April 2013

Without co-habitation for more than a year its not possible to prove DV but our lawyer friends can easily misuse other laws and put desertion case and also cheating cases.Also one can use 498a on cruelty ground which again should not be considered when there is no co-habitation but filing a case is easy but getting convicted is different.

In my opinion if there is no co-habitation then there is only desertion and you may have to pay maintenance.

 

ashoksrivastava (scientist)     02 April 2013

dv can be filed after one year of no cohabitation if the allegation is that of economic abuse(loss of earning) which may have been argued as continuous offence . regards ASHOK

Nitin (Law)     02 April 2013

Please go through judgement by SC which says that without domestic relationship of more than a year DV cases are not considered.

Now allegation of economic abuse(loss of earning) this can be used for maintenance if the wife is educated and quit her job to become a housewife and take care of kids.In case of DV economic abuse is not a consideration and that too after a year.If a wife complaints that its a mental torture for her to work being separated from her husband for more than a year does not constitute domestic violence.

 

On which basis Ashok has mentioned DV on economic abuse this is something new to me.

Amit (NA)     03 April 2013

Can someone post the link to the SC judgement which says DVC can't be filed unless there's domestic relationship for at least one year.

So many wives file DVC immediately after marriage or within one year. This judgement will be of help if true.


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