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Suryaa.saravanan (other)     19 September 2013

If wife cannot prove domestic voilence, can i get divorce

Dear Friends

what is the arrears procedures in dv act. judge ordered 3.7 year arrears Rs. 135000/- can i pay all the arrears for of Rs. 135000 and If wife cannot prove domestic voilence, can i get divorce from my wife.


 7 Replies


Dear querist,

The Judge may have ordered you some time frame to clear all the arrears, if you have not gone for any stay aside in higher court  and time has been lapsed then you have to clear such amount as stated in the order.

If her DVA fall's apart due to non-proof of any such act and behind this her only intention was to harass you then you can file divorce on the basis of mental cruelity done by her by filing false and malicious cases.

It's highly recommendable to fight your DVA case with tooth and nail and make her fall apart to clear your way for divorce.


Saurabh..V (Law Consultant)     19 September 2013



There no procedure as such. You have to make the payment in accordance with the orders passed by the judge. If you feel that the order of the judge is not acceptable to you then you may prefer an application before the higher court.


I would like you to understand the difference between "unable to proven" or "false". If in case you wife is "unable to prove" her DV Case, it would not mean in default that you can file for divorce. But if the judge finds that the DV case was filed with a mala fide intention, then it would be a ground for divorce, being cruelty.


All the best!




Nadeem Qureshi (Advocate/     19 September 2013

Dear Querist yes you can file a divorce case on crulety under section 13 (1) of Hindu marriage act if  both the parties are hindu.

Adv k . mahesh (advocate)     19 September 2013

first read the order carefully and then if the order says to pay at one time and pay it, and if says some instalments then pay accordingly

if domestic violence is dismissed the merits of the case will be useful for the divorce case if you file  

Samir N (General Queries) (Business)     19 September 2013

I am not an advocate, but here's my advice:

Always think "out of the box." Why think of paying if you don't have to in the first place. Have you considered appealing that Order? Asking for stay, reducing the amount in appeal, etc.? Then...

Arrears for 3.5 years in DV case? Question is, is it because the DV case was filed 3.5 years back and order was passed only now?

Was the order based upon interim maintenance application?   These facts are relevant before anyone can comment meaningfully on your question from a legal perspective.   If interim maintenance was granted, had she prayed for maintenance in the main petition? If not, you have procedural grounds to appeal. If you are asked to pay for maintenance for period prior to the filing of the DV petition, that is possibly yet another grounds for appeal depending on other facts too.  Your current income, proof of your financial status with the Court, etc. are all relevant too. 

Legal answers to legal questions require detail descripttion of all relevant facts.  

WIth respect to your other question: Merely getting DV thrown out is not sufficient ground to seek divorce. DV is a quasi-criminal Act. It does not provide sufficient grounds for causing mental cruelty as other criminal laws such as 498, for example. Again this is fact-sensitive. Were your parents implicated? Did they face embarrassment and harassment? What was the basis for the DV case? 

Finally, my last advice which I give to everyone when I answer in this fourm: Be careful of advocates. Most of them are idiots or crooks, usually both.

Atheist (none)     20 September 2013

try attached judgment if works for you.

Attached File : 359708611 97776400 777713221 rajasthan high court - arrears can be claimed of 1 year only.pdf downloaded: 65 times

Suryaa.saravanan (other)     20 September 2013


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