Sanjiviniarika M 25 August 2019

DVC quash in Highcourt

Marriage took place in 1999. After one year of marriage, couple had lived separately. After two years, they got seperated and started living separately till now. In 2015, she filed 498A, DVC against complete family members. In DVC, orders are passed to pay Rs. 10000/- per month only on making exparte. Is it DVC quashable in high court.? As he is not in position to pay the passed amount.

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Samarpan (M)99958670740 (Free legal advice and legal aid cell) 26 August 2019

First approach before Additional Sessions Judge in appeal against the order.

P. Venu (Advocate) 27 August 2019

Why was the matter decided ex-parte?

Sanjiviniarika M 27 August 2019

As counsel informed that marriage which took place much before of DV act came into force wouldn't attract DV act. Hence, only once attended hearing on receiving notices. Even judge has agreed that judgment orders not served, made exparte and enforcement petition notices also.

P. Venu (Advocate) 28 August 2019

Admittedly, the approach of counsel was less than professional. The provisions of the Act would not have applied to cause of action prior to the Act coming into force, but the date of marriage is inconsequential.

You need to approach the higher court in appeal.