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Javed (CA)     16 October 2012

Living separate then 498a or dv impossible

If you are living separate for some time then the wife cannot file DV and 498a case.For filing these cases one need to live together in same household but the wife cannot file DV against her husband if her husband is living in some other city or country.

The wife can only file for maintenance a case of desetion and nothing more.

Please note 498a and DV needs to be filed within few months not after few years.


 3 Replies


Where did you get this from?

Your post is based on an ignorance of law as well as the ground reality.

1 Like

D.N.Barola (Socio-political worker)     16 October 2012

I think living separate 498A cannot be enforced, if there is no contact between husband and wife, either physically or through telephone/mobile etc.

I havealso been told that 498A cannot be enforced twice. 

stanley (Freedom)     16 October 2012

@ Author DV has a retrospective effect as well . 

Even if your wife stayed with you for 2-3 days  she can file a DV case .and also 498 A case and rope in all your relatives from all parts of the coountry and than they would have to seek anticipiatory bail in the case of 498 A . Although your relatives would be fuming and turning red at the false allegations being laid out . 

The  reliefs in DV are

1. Maintanence .

2. custody... when she files DV only she can apply for custody and you can only get visitation rights in this as this is a gender biased law . Else you have to apply for custody in gaurdians and wards act 

3. Right to residence .she can park her aXX in your place of residence sit on your lap , perform a lap dance kiss you even though she does not love and you cant even throw her out since

4. She can ask for a protection order :) .

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