MANKU (EXECUTIVE) 03 March 2016

Domestic violence Act

Respected Experts, Ex wife filed a domestic violence case against me and all my family members posing herseif as the wife . She claimed relief under section 18, 20, 21,22 and 23. The JMFC dismissed her application saying DV case not maintable as long as the divorce is in force. Now, Ex wife has appealed before the Hon. Session Court under section 29.with a Condonation of delay petition. The Session Judge without serving notice to me has put a stay on the JMFC order and fixed next date for taking the condonation petition. Now, could you please inform me whether without condoning the delay the judge was right in putting a stay on JMFC order.He has stayed the order first than fixed next date for taking up the delay petition. Kindly look into it and advise. Best regards.

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5 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 04 March 2016

If the domestic violence petition had already been dismissed , then what was the need to stay any proceedings by the sessions court ?

MANKU (EXECUTIVE) 04 March 2016

Kindly go through my post. Ex wife appealed before the the sessons Court. Kindly see if session Court is correct the way it has taken up the case / staying before condoning the delay etc. According to the opp party the JMFC was wrong in dismissing it. Regards.