Sumit Rawat (Manager) 16 January 2014

Wife filed case of domestic violence after mutual divorce pe

Can a woman file a case of domestic violence after mutual divorce petition filed by her ?

Brief about my case :

I got married with my wife in oct 2011 and from jan 2012 we are not living together because of our disputes; etc. Then in july 2013 my wife filed mutual divorce petition in pune to which i agreed. On final hearing date in dec 2013 she withdrew the case saying that i prmoised her to give Rs 20 lacs which i denied ( i never promised any such thing to her) then the court dismissed the mutual divorce petition.

After few days, she now filed a case of domestic violence on me.Please suggest me how to get rid of it. Is there any law in favour of man, where i can prove my innocence ?

1. Can she file case of domestic violence when we are not living together from the past one year and that too after filing petition of mutual divorce which later on she withdrew ?

2. I do not want my family to get troubled because of all this rubbish. Any precautionery actions i can take ?

3. Now can i file a case of divorce in delhi ?

Kindly suggest

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5 Replies

fighting back (exec) 16 January 2014

@Teena...you claim to be a man , then why is your name Teena...........are u a woman in disguise planning against your husband????

Sumit Rawat (Manager) 16 January 2014

Look i am a man ! I am using my sister's account as i have not created mine till now. My name is Sumit Rawat.

If i am a female or a "wife" - why would i have problem in posting as a female.

sandykrish (Interested in Family LAW) 16 January 2014

@ Teena, If you file DV after Mutual consent, it is simple that you are simply a mad and playing with court procedures, If I were you I would have withdrawn my MCD petition straight away file a contested divorce citing above reasons.

How can you guys ask such a livid questions, while in the MCD petition you say everything is settled and now initiate DV. Court will not accept such behaviours and you will seen at fault. Future Alimony and Maintenance case will be at Bay.

lawagaintmen (xyz) 16 January 2014

what if husband and wife lived together after filling mcd many people do this kind of blunder as i did and now i m fearing dv to... can she file dv on me to my situation is same but the only difference i lived with her after filling mcd

T. Kalaiselvan, Advocate (Advocate) 16 January 2014

1. Can she file case of domestic violence when we are not living together from the past one year and that too after filing petition of mutual divorce which later on she withdrew ? Yes she can file quoting the days they were together

2. I do not want my family to get troubled because of all this rubbish. Any precautionery actions i can take ?

What precautions?, challenge it before the court.

3. Now can i file a case of divorce in delhi ?

You can file a case for divorce from the place where you are now.

@lawgiantmen: Domestic violence can happen when you both are together, whether after filing or before filing MCD is immaterial.