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Krishna Kumar (Business)     11 July 2011

Can Wife file DV case after 1 year of separation?

Hi,

Wife left almost 15 month back. We tried lots of times to reconcile her, but failed every thing. I even sent lawyer notice asking her to come and join, but no result.

Now I am planning to start some process on it. As I have enough proof and they knew it already, till now they did not file any case. But If I file any case, she will be filing list of cases as my understanding. Because they are anyhow wanted to harras me.

She is well educated and was working before marriage even after marriage. But now I am not sure what she is doing. We tried all ways to findout, could not findout.

My doubt is she may not file 498a because it is known fact that everyone support me as we did not get even a single ruppy. But I am doubt about DV case as it support to the wife like anything.

I wanted to know can a wife file DV case after 15 month of separation. If she file, can the case will stand in the court for futher progress?

Please let me know.



Learning

 6 Replies

Sandeep Aggarwal (Advocate)     11 July 2011

DV Case can be filed after this period even and it will favour wife if proved correct

1 Like

raghuraman (Mangager)     11 July 2011

Krisha

 

IF you scared towards the DV you can never progress . IF you decided with your view .Just progress

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 July 2011

iF THEY FILE FALSE CASE AGAINST YOU THEN YOU MUST ALSO FILE CASES AGAINST THEM OR IMPLICATE HERSELF AND HER NEAR AND DEARS IN CASES LIKE ACCIDENT, NARCOTICS, PROSITUTION ETC. ETC.

Rahul T (Engineer)     15 July 2011

@Krishna,

               As you got separated for 15 months, then I feel, you should keep quite for 24 months, I mean 2 years. Once 2 year gets completed, you can file genuine 2 cases i.e. Desertion & Cruelty. Proofs and other cases are separate….

In such scenario she can not ask for maintenance too….if she files counter DV case, that will not carry much value, by referring Desertion, Cruelty & other cases…. You will be in better shape….you will have win-win position by 90%....

 

What else you want….Since you are a man & born in India, therefore you need to fight…

1 Like

Ms Liberal (others)     17 July 2011

yes we have the right

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 July 2011

Yes Mr.! As per the recent judgement of Delhi high court a woman can file a complaint under DV Act at point of time.


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