She cannot file DV act case because she is not living with you.  You can refer the judgement reported in ILR KAR 669

Sh. Rajeev (rajoo) ji,

1. I totally differ with your advise onto that she can't file DV, infact my wife deserted me in 2002 and in Aug. 2006 she files for S. 13 (1) (ia) (ib) R/w S. 24 HMA, S. 125 CrPC and in Aug. 2009 she filed DV using all relief sections there in the Bare Act and to that what you have say :-)  Mine is not only on long desertion but on retrospective grounds too leaving aside so many other grounds on merits which was dismmised by Sessions Court based on Mr Justice Jain's (Delhi HC) recent Judgment on retrospective grounds !

2. The citation K. Narasimhan v. Smt. Rohini Devanathan, ILR. 2010 Kar 669 is of no use as Delhi HC has said it can be filed and there are different views to it from different HC's.

3. Well there are 2 SLP's pending before Hon'ble SC one is on retrospective grounds and another is on long desertion grounds so we need to wait beffore commenting on mixed point of Law / facts.

Rgds

shri arun ji, did she get any relief under dv act?i feel if u file it after  so long its effect is very less.

Avnish,

Missuse of very law  which are meant to protect the very women are examplified as live illustration herein;

1. She "filed" DV in Aug. '09 as a direct pvt. complaint before MM Court, Delhi with self signed and self written DIR (mind it no PO / NGO / Svs. Provider ever investigated to form an DIR)

2. After "admission" of pvt. complaint Summon issued that also via SHO to me and to my 79 yrs old retired senior citizen father who never ever even stayed in a domestic relations and the strange fact here is that her and/or my parents even till today i.e. even after our almost 10 yrs. of marriage have never meet my In - Laws nor they have met my parents neither before marriage or on the date of marriage and anytime subsequently after marriage and smart wife says my father took dowry that also after 10 years of marriage what a crap of akhil bhartiya most eligiable abla nari of today haha .

3. Well, while doing "case status" search "as a routine" in Nov. '09 I came to know that a DV case filed against me and against my father. Till date I have not been served the Summon nor even the complaint copy served upon us. 

4. I immediately in Nov. '09 "Appealed" to Sessions Court (based on case status report) challenging the very Summon issued via SHO when no DIR and no PO till date appointed and the complaint is not even in proper DV format and how application mind by Ld. MM applied in this case to admit it and other than on it being on retrospective and desertion and so many merits grounds which were Appealed by me with 2 SC and 5 HC's citations on retrospective and desertion grounds. The Sessions Court, Delhi dismissed my Appeal on 7th. of May '10 after heated arguments and directed me to fart before Trial Court all my grievences quoting Mr. Justice Jain's retrospective judgment showing its helplesness.

So long story in short  "no relief" she has managed till date except that I have been made one of the team in our so called IPL match wherein she is hell bent for playing the match and I am meant to play her game with no trial Court, Delhi applying its Application of mind to cases. Presently thinking to go in for Quash before Delhi HC OR thinking to save my money as litigation before HC, Delhi is expensive even for me who is all along pleading as party-in-person before various Courts. If you like you may refer to my detailed comments / debates posting on DV Laws in LCI older posts.

The funny fact here is that even after dismissal of my Appeal she is not appearing before trial court for further pleadings and trial court since Aug. '09 has directed PO to file report and even PO report inspite of so many Orders of Mahila Court, Delhi have not been filed till date and nextmonth July '10 Mahila Courts, Delhi are re-opening and it is going to be almost 1 year since DV filed by akhil bhartiya most eligible abala nari ops srimati ji.

A Life and Liberty RTI sent last year to PO of same Mahila Court, Delhi revealed that this case file is not even alloted to PO, what a misuse of process of very Court but who cares and who listens here and same reply was given by PO last month May. 10 when I sent second RTI to same PO quoting her last year's reply after loosing the Appeal in May '10 ha ha

So left with no other choice except meant to enjoy this cancer called matrimonial laws of India. In all these farts I don't want to give it up, simple or guide me what should I do :-)
Rgds.
 

Thanks to all of you for your replies. I am being harrassed and threatened by the relatives of my so called "wife". request your advice on the following

c. Can she claim property rights in a property which was joinly booked by mother and me for giving it to my parents? She looks to be greedy for that

d. Post registry in my mother's name can still she claim the property

e. What is joint property as defined in the DV household definition.

My wife stayed all throught with me in Gurgaon can she file case from delhi where she is currently staying or she will have to file it in gurgaon

Dear Author,

As per recent judgement of Delhi High Court, a complaint under DV Act can be filed at any point of time.

Ms Suchitra ji,

Quick two material facts;

1. This Citation of Mr Justice Jain is under challenge by same Ld. Col. Bhanot and by Mr. Akhilesh Sharma by way of a SLP which is reserved for pronouncing Law on retrospective aspect of DVA post Summer vacation of Hon'ble SC. There is another previous SLP (I don't want to name the peti. here since he does not wish to be publicised) which is pending before Hon'ble SC since last year on same retospective grounds among others.


2. As a co-student of Law just like you, tell me your opinion on below simple day-to-day experiences as below

Illustration 1: I smoked 2 years back standing in Connaught Place (public place) and a mamu (sorry read it Constable) say me smoking in public place. He kept quite for next 2 years and now there is a Law banning / prosecuting a person smoking in a Public Place so will this give right to that mamu to prosecute me today based on incidence of 2 years back ! Will it not be termed un-consitutional ?

Thanks it is educative to know views from vide sections of professional general public on such matters beze it hurts a free Indian's Constitutional Liberties (period).

Rgds.

in case of smoking it is not applicable. but in case of dv it is because she is a women 'abla (read bala) nari' .

nobody is above law and everyone is prone to corruption and bias.so laws must be respected.

Ms. Avnish

Your answer surprises me as I being neutral person and not speaking to you on legal rebuttal language terms here; however, 


1. If you carefully read Economics Times, today "abala Bhartia nari" constitute 50% of Board in Corporations.


2. If you read International news a "abala Bhartia nari" from India origin is becoming Senator in land of opportunities i.e USA.


I can go on n on,on stupendious climbs same "abala Bhartia nari" has taken in modern India today and if gender neutrally same "a - bala" is kept on seeking "protection / reservation" in the name of "corruption and bias" as you chukle in your reply then the day is not far when there will be a great divide between genders and same time "abala Bhartia nari" will recent / repent the apeing of Western thoughts into Indian soil where modern transition such as these never helped a "customry society / civilisation" such as that of the East.


Oh, on comapring legal notes with you, I must add here that you should not strike down with one pen stroke such golden words of Judiciary and I quote and unquote as I still have faith in Judiciary:


Mr. Justice Bhagwati of the Supreme Court in Maneka Gandhi vs Union of India 1978 (Passport case) held :" … Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence."


However, we may pow-wow about it some other time or may be on PM to conserve bandwiddth here.

All the best. Rgds.