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Shekhar Chourasiya (Proprietor)     13 February 2015

Required help - whether any time limit for filing dv

Is there any time limitation for filing domestic violence, in my younger brothers case, her second wife who got married without divorce from first marriage has filed DV after 21 months of leaving in-laws house.

 

I require help whether she can file DV after such long time and as she has got second marriage without divorce from first marriage she is demanding for maintenance in DV petition.

 

Please suggest your opinion



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 5 Replies

sandykrish (Interested in Family LAW)     14 February 2015

Her marriage with your brother is null and void, please file a divorce petition u/s 12 of HMA and counter her DV with a strong WS.

Mohammed Ameenuddin (Sr. Legal Manager)     14 February 2015

As per Hindu Marriage Act., having second marriage without nullifying first marriage is null & void. Since, you came to know that she got second marriage, you may file for a dissolution of of first marriage and exempt from paying maintenance.

Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 February 2015

Dear, It was not a valid marriage with your brother .... She can file but contest your case properly .... Kapil Chandna Adv 9899011450

Shekhar Chourasiya (Proprietor)     14 February 2015

Thanks for your valuable suggestion, We have filed Nullity of marriage petition which is pending in Court, and after that nullity petition, she came to our home with her two lawyers and relatives and taken back all her "Streedhan" after that she filed a mutual divorce petition 13 B in September 2013, in 13-B petition court fixed next date in December 2013, she again came to court and signed her presence, as this was a formal date fixed by court, on the very next date in March 2014, she presented an application for withdrawal of 13-B, which was dismissed by the court and from that day she is absent from the court.

 

While in Nullity of marriage petition, either she or her lawyer came regularly, but petition is pending till date.

 

Whether we have to fight for the DV & maintenance petition filed by her after all these above circumstances ?

Shekhar Chourasiya (Proprietor)     14 February 2015

"She has got second marriage without divorce and she is already presented 13-B in which she has written that all the "Streedhan" has taken back and she will never demand for maintenance in future, so this DV petition filed after 21 months she left her matrimonial house, should be quashed ?"


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