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Ragu Nandhan   22 September 2024

How to quash dvc and get mutual divorce, if wife is stubborn to not leave for financial gains

We (myself and my wife) were married and lived for 1 year (2021).  After separation, I initially filed divorce through family court and case is dismissed as not attended. Again, falsely my wife filed 498A and demanding huge maintenance through domestic violence case despite the case is in trail stage and she's a doctor - but disclosed her stipend in assets affidavit and asking for huge interim and alimony amount.  Wife is not agreeing to mutual divorce. No children. Marriage lasted 13 months, for most of the part her mom is there and we stayed away from each other. Now, it's almost been 2 years from the date she left our marital home. Under what section and grounds to quash DVC through high court and even after quashing, how can I get divorce with her-with no maintainence amount.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

It would be better to challenge the DV case and get it dismissed on merits because quashing of DV case by high court is a a very rare event.

Dr. J C Vashista (Advocate )     23 September 2024

Did you move to High Court to quash the complaint case filed by your estranged wife under section 12 of the Protection of Women from Domestic Violence Act, 2005 for requisite relief(s) ? If so, what for you have been waiting ?

When the case for divorce was filed by you, what stopped you from proceeding, which resulted in dismissal of the suit for non-prosecutuion ? Refile another (fresh) suit as per your circumstances / ground(s) and advise of your lawyer.


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