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Jatin (NA)     18 February 2013

How is dv possible without a domestic relationship

If Man and Woman get married in temple as per Hindu rituals and if the marriage is not registered and also the marriage is not consumated and if both are not living in a Domestic relationship and moth are living in different cities.

As it is clear that when the parties are not living together there is no Domestic relationship then is it possible for Women to file a case of DV ?How can Domestic Violence occur without Domestic relationship and not even being in same city?

Yes its possible for the other party to file cruetly as marriage without s*x is anathema that what our SC said and in this case other party can file Divorce right..in this situation what are chances for filing DV.



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 11 Replies

Sudhir Kumar, Advocate (Advocate)     18 February 2013

You are asking questions or giving anwsers. You are not eleborating specific allegations.


(Guest)
Its a mad kind of Act, the DV act per se. Even if your were married and living now seperately, wife can file dv act on husband. But in your case, the dv case wont stand. It will be eventually dismissed. But am afraid you will have to undergo the usual routine of the case.

Sudhir Kumar, Advocate (Advocate)     19 February 2013

you are not disclosing the facts so it is difficulot to agree or disagree with above advise.

Jatin (NA)     19 February 2013

All the facts i have mentioned in the post.There are 2 incompatible people who got married by family pressure and after the what is called marriage ceremony both of them not living together and even did not touch each other.In this case how can Domestic Violance case be filed when there is no domestic relationship.

 

If i understand the English correctly then only Marriage ceremony does not make up Domestic relationship unless the couples not living together as husband and wife or under the same roof.In this situation on what basis a woman can file a case against the man.

Is there any legal expert who could please explain the exact wording of the DV law.

1 Like

Sudhir Kumar, Advocate (Advocate)     20 February 2013

you are still not disclosing what are the allegations against you.  So it cannot be said whether the matter fits in DV Act or not.

Msk-need -nuetral- laws (self)     20 February 2013

Yeah, Jatin DV can be filed on the basis of negelct of duty by husband, let us say, if she resides alone, she can press DV on the face of no residence and maintenance provided to her. Here DV will be applied saying you forced her exit from matrimony, and you need to proove that it is her intentional stay or on mutual understanding.

rajiv_lodha (zz)     20 February 2013

See, no sensible person wil agree to ur story that peson X & Person Y married in temple on xx date, and separated their ways while they stepped down that temple. Tell, what is right!

If lady decides to put false cases, come to DV for example, she wil say---- we married on XX date & then lived at YY place (may be ur parental house) for 1 month.....then husband started violence....so n so

If u say that we did not spent a single night 2gather, nobody wil agree. Hv u any PROOF THAT U SEPARATED THE VERY NEXT MOMET U MARRIED?

Jatin (NA)     20 February 2013

Originally posted by : rajiv_lodha


If u say that we did not spent a single night 2gather, nobody wil agree. Hv u any PROOF THAT U SEPARATED THE VERY NEXT MOMET U MARRIED?


Yes i have proof after marriage cereony i am living in Melbourne and thats the stamp on my passport and we don't have any domestic relationship.

Sudhir Kumar, Advocate (Advocate)     20 February 2013

although I agree with what Mr Mani said but still I repeat

 

you are still not disclosing what are the allegations against you.  So it cannot be said whether the matter fits in DV Act or not.

victim of marriage (Consultant)     07 April 2013

I don't think DV is maintainable in court. I am in very similar situation. After first 3 days, wife preferred to stay in her own place to pursue her own career interests and then after 2 years, when I try to insist on staying together, she files a DV case. I am going to HC under CrPC482 to get this case quashed. Sharedhousehold and Domestic Relationships are fundamental criteria to attract DV act. In absence of thise DV is not maintainable. Read DV act thoroughly. Your wife can file divorce citing desertion, but I don't think DV is possible. Challenge maintainability of case in HC. Don't sit idle.

victim of marriage (Consultant)     07 April 2013

I don't think DV is maintainable in court. I am in very similar situation. After first 3 days, wife preferred to stay in her own place to pursue her own career interests and then after 2 years, when I try to insist on staying together, she files a DV case. I am going to HC under CrPC482 to get this case quashed. Sharedhousehold and Domestic Relationships are fundamental criteria to attract DV act. In absence of thise DV is not maintainable. Read DV act thoroughly. Your wife can file divorce citing desertion, but I don't think DV is possible. Challenge maintainability of case in HC. Don't sit idle.


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