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DEEPAK ASSOCIATES (08010117611)     31 January 2015

Interim application under dv dismissed

Dear Expert

An Application under DV Act u/s 12 r/w 18, 19, 20 & 22 of Protection of Women from Domestic violence Act, 2005  has been filed by wife alongwith interim relief of Residence and Maintenance in the year 2013 against her Husband "A".

in the reply, husband "A" has filed some documents showing the wife has get remarried with another person "B"  and produce a marriage certificate of a Gurudwara (Temple). And also a copy of petition u/s 11 filed by "B" (the another person )

The wife has produce the FIR got registered u/s 376 including against the person who has been shown husband in the certificate and denied the allegation of marriage.

But the Ld Judicial Magistrate has dismissed the interim application by evoking the section 18 of Hindu Marriage Act that only two categories have been excluded from right to maintenance first who are in adultry and second who have committed remarriage after taking divorce.

Please advice on the following legal points:-

First, the order of the magistrate is legal.

Second, when the wife is denying the allegation of marriage whether the second marriage has any validity and magistrate can take it on the prima facie.

Thirdly, Whether there is any adultry when there is already FIR against the person "B" and allegation of adultry is made out.

Whether the magistrate has taken the illegal step knowingly against the establish law procedure.

Your reply is highly solicited with citations/authorities 




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