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(Guest)

Can my wife claim DV Act reliefs under these grounds?

Married in 2007.

My parents and me treated my wife cruelly.she is at her parents home for 2 yrs. now.
she filed DV case last year,asking for maintenance,compensation for harassment,streedhan etc.

however our marriage is not consummated.frankly, i did not participate with her in s*x.
o'wise, we both are potent.

please advise if she can get the above reliefs even if the marriage is not consummated..

thanks a lot..



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 February 2010

Consumption of marriage is immaterial, marriage is material.  You wife can get the relief under the DV act whatever you have asked.

Arvind Singh Chauhan (advocate)     14 February 2010

I do agree with Rajeev Sir.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

Legally speaking,- you have to say,

'SHE TREATED YOU WITH CRUELTY'.

base of your complain should be that.

she treated with cruelty to her in laws, is not covered under the cruelty ground,of the Hindu marriage act.

Why you have not filed a petition under sec 9 of the hindu marriage act, for restitution of conjugal rights. if you have decided to divorce her then file a petition under sec 13(1) of HMA.

if you do not keep your side properly at court, she will get all the benifits.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

Mr SUB, here is a clue for you. May please try,

DV Act, Sec.2. Definitions(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent

The question is - when the said aggrieved person (wife) do not leave in her matrimonial home; how can she come within the DV Act?

Arvind Singh Chauhan (advocate)     14 February 2010

Yes Gupta Sir has suggested good clue. I heard there is one ruling also that " If there is no domestic relation, No quetion of domestic violence arises". I am also in search of this ruling but unable yet.

pooja (lawyer)     14 February 2010

mr. Gupta i suppose you have not gone through the contents of section u cited in fact word "has been"  used which makes the condition of Mr. GM more terrible. the only narrow escape through this section is given to the ladies of matrimonial home as mother in law and sister in law but all the men have been screwed.  

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

Ms Pooja,  please tell u of which sec?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

Attn. Ms Pooja & Mr. SUB

yes, got it. "woman who is, or has been, in a domestic relationship" - Has been means 'continuing', as the case is in issue (i) she left the matrimonial home according to her own will, but filling DV case she witnessing that, she compailed to left the home. (ii) this complain comes after one year, of her left home. (iii) Mr SUB has the liability to his parents (iv) he has the right to 'love and affection' & take care, to her parents. It is his personal liberty under art 21 of the Constitution of India. (V) He failed to make a amicable atmosphere, in her home. (vi) It does not amount to a criminal act like DV act.

sunil pagare (lawyer)     19 February 2010

woman who is living in domestic relationship can file complaint / application aginst the male person & her in laws.Ur wife need to prove that domestic violence is committed then she is entitile for all relief.


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