Anis (Asst. Manager - Sales) 13 September 2012

Query in dv act

Dear Friends,

I had filed a discharge application in the MM court in my DV Act case on the grounds that I have given Talaq to her and also that the DV Act was filed 4 months after she left the house and on1 month after Talaq so there was no Domestic Relationship when DV Act was filed. We referred to Justice Shivnarayan Dhingra's judgement in which he interpreted the meaning of "at any point of time" which is there in DV Act.

Tomorrow the Hon'ble Judge will give his order which is 99% going to go against me as he said DV is maintainable. Now my lawyer is suggesting to appeal in Session Court.

I want to know whether the Sessions court will stay the proceedings in DV Act in MM court if we appeal in Sessions Court.

I am not denying to pay interim maintenance to her if the Hon'ble MM Court judge passes an order in Sec.23. I only want the DV Act proceedings to be stayed as my 498-A case will come on board in December.

Please suggest.

Thanks & Regards,

Anis

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2 Replies

B.N.Raja Mohamed (ADVOCATE) 13 September 2012

Sir,

First wrong you have committed is you have filed a discharge petition for the case which is a private complaint. For the cases where summons have to be served that too for the private complaint discharge petition cannot be filed intead you have to approach only the high court for quashing u/s 482 Cr.p.c in view of the judgement o f the supreme court in ADALAT PRASAD'S case in the year 2006.

So, you would have follwed it first. Now even if you have an adverse order don't move for appeal before the sessions court,you file a petition befor e the high court for quashing the order of the lower court. Moreover, you have a very good case to succeed.There is more chance for getting stay.