ABHISHEK B (Bekaaar) 21 June 2012

Slapped with dv...need your help

I and my parents received a DV summon...read with section 18, 19, 19(d), 20.

The case is filed after almost 21 months of seperation.

After 5 months of seperation she filed CrPC125 >> I decided to contest.

After another 11 months she filed 498A/406 against us >> Again I decided to contest.

After another 4 months finally she filed DV >> No choice but to contest the same.

Now my queries are :-

1) We stayed with parents for only 3 weeks post marriage. No domestic relationship since then. So essentially DV filed against them after 2yr and 4 months. Can the DV be discharged/quashed against them ?

2) Most of the DV allegations against me are in USA. Can the 27(1)(b)(c) be used to show no jurisdiction in India ?

Kindly reply.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 June 2012

Challenge it on the ground of jurisdiction in the high court. According to me jurisdiction of the court comes, where the incident is happened.

vishnu (EE) 21 June 2012

I’m afraid the DV has no time or limitation period & can b filled anytime. Irrespective of the stay the relationship is valid as the marriage is not contested.

Only recourse available will be to face the situation/contest the matter.

Adv Aileen Marques (Lawyer) 22 June 2012

The case cannot be challenged for limitation and jurisdiction. You will have to contest it.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 22 June 2012

I agree with friends.

Maintenance under 125 Cr.P.C. and economical relief under Section 20 of the Act in DVC can't proceed paralally, she has to choose any one of such relief.

The question and important things in maintenamce case, Whether she staying away from for reasonable cause or not.

When she has not stayed with your parents go for quash against them, with an elibi.

Good luck

ABHISHEK B (Bekaaar) 22 June 2012

In her DV petition, she herself mentions that since she left me, she is staying with her parents and my parents didn't allow to stay at there place.

If she herself claims that she never stayed with my parents, do I still need an alibi to prove that she never stayed with my parents post leaving my company ?

stanley (Freedom) 31 October 2012

Originally posted by : ABHISHEK B
	2) Most of the DV allegations against me are in USA. Can the 27(1)(b)(c) be used to show no jurisdiction in India ? Kindly reply.

contest the case . your lawyer can always question the applicant as the allegations are in the USA why did she not file for the same over there all she had to do is call 911 in the USA . There respond very fast .