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(Guest)

Divorce pet filed in Fly court, Wife filed DV Act 1 yr later

Hi there,

 

Case for divorce has been filed by me one and half year back, I have agreed to pay the interim maintenance, butg then just on June 4th of this year she has filed domestic violence act case against me and also my parents.   We were living seperately in a seperate accomodation but still she has put a case.  Kindly help me in this case.



Learning

 4 Replies

R.prasath (Advocate)     31 August 2010

Hi,

i saw your message don't worry about these petition filed by the wife every one have right

to contest the case circumstance and evidence will help our case

 

bye


(Guest)

Sir,

 

Summons have been issued by the IIIrd JMFC Additional Judge to my parents and they have received the summons and did attend the court today, but no summons have been issued by the CDPO as stated in court order to main accused that is myself, my lawyer has told that fresh summons will be issued through police as it has not been issued by the CDPO.  My parents and myself have already filed a reply in memo as to rejecting the petition of the petitioner ie my wife under Delhi High Court Order Crl. Rev. P. No.252/2010, 253/2010 & 338/2010

 

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 6th July, 2010 Date of Order: 29th July, 2010 + Crl. Rev. P. No. 253/2010 % 29.07.2010 Harbans Lal Malik ... Petitioner Through: Mr. Dharam Raj, Advocate Versus Payal Malik ... Respondents Through: Mr. R.Jain, Mr. Deepak Aggarwal & Mr. D.Jain, Advocates + Crl. Rev. P. No. 252/2010 % 29.07.2010 Varun Malik ... Petitioner Through: Mr. Dharam Raj, Advocate Versus Payal Malik ... Respondents Through: Mr. R.Jain, Mr. Deepak Aggarwal & Mr. D.Jain, Advocates + Crl. Rev. P. No. 338/2010 % 29.07.2010 Nagesh Malik ... Petitioner Through: Mr. Dharam Raj, Advocate Versus Payal Malik ... Respondents Through: Mr. R.Jain, Mr. Deepak Aggarwal & Mr. D.Jain, Advocates JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. JUDGMENT These petitions arise out of order passed by the learned Additional Sessions Judge on 7th May, 2010 while disposing of two appeals against the order dated 27th July, 2009 passed by the learned MM.

 

As myself and my wife were staying at a separate accommodation but not with my parents.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 December 2010

As per the judgemnt of Delhi High court a women can file a complaint of DV Act at any point of time.


(Guest)

Really cant make out anything, after living seperately for over nearly 2 years how can a case of domestic violence be filed? If living together domestic violence can be claimed of, but not living together at all still violence occurs???


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