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Radha Rani (student)     01 July 2015

Husband complaints against wife for possessing 2 adhar card

If wife changes back to her maiden name 5 years after marriage i.e., soon after leaving husband without giving a name change notice in newspaper & then gets her voter id card prepared & aadhar card prepared under maiden name AND AFTER THAT files domestic violence case against husband then what's the legal remedy available:-

(a) to husband i.e., how can husband challenge that in court of DV in his reply

(b) to wife i.e., how can wife defend herself saying that it's not a fraud (& that it was almost impossible to live with such an abusive husband bla bla)

 

legal opinions only pls .



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     02 July 2015

Wife cannot change her name without getting divorce from the court. It is illegal.  If she had filed DV case against his husband with her maiden name, the court may return that petition and you have to file again a fresh petition with the original name. 

 

Radha Rani (student)     02 July 2015

Thanks, Is it illegal i.e., void-ab-initio or the MM has superb powers to allow such a petition. If husband chllehnges then on what ground can he challenge ?


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