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Rajeev Rao Gautam (SSE)     06 January 2011

DV time duration

Is there any time duration to file DV act 2005. As my wife is living separately from past 1.3 years.

Point is that: can she file DV case?

I have filed case under section 13. She has already taken 8 lacs rupees under MCD through DD in the presence of court. After that she is not appearing in court date. My 13B case already closed and I have filed another case under section 13. She is already accepted in paper I have not demanded for dowry before and after marriage.



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 6 Replies

Avnish Kaur (Consultant)     06 January 2011

wait and watch her next move.
 

Avnish Kaur (Consultant)     06 January 2011

ask court to summon her for statement in MCD, and if she does not then pray to pass decree as per agreement.

Uma parameswaran (lawyer)     06 January 2011

There is no time limit mentioned in the Act.

Kshiteej Anokar (Advocate)     06 January 2011

there are so many provisions to compel the presence of the party, u may use any of them.

Ex-party order could be prayed

There is no time limit for filling D.V. application but in given fact she may not file

but u may file complaint for criminal breach of trust and cheating complaint under the provision of I.P.C

Avnish Kaur (Consultant)     06 January 2011

normally mcd agreement contains terms like no further civil or criminal case , can u post the mcd agreement?

Rajeev Rao Gautam (SSE)     07 January 2011

HI Avnish,

thanks for auick update. please find attached copy MCD.

Regards,

Rajeev Gautam


Attached File : 53 53 43 43 scan0002 1 .pdf downloaded: 214 times

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