498a/ 125 & domestic violence filed by my wife
sourabh
(Querist) 12 October 2018
This query is : Resolved
Dear Sir
My wife filed 498a/DV & 125 in 2016 march
nov 2017 she compromised on 2 cases ie 125 & DV in front of court & both cases closed
DV case closed by lok adalat
in 498a we have filed in high court for fir quash & got the stay orders & case is pending
after nov 2017 she didnt compromised in 498a & same is pending
now after 1 year she filed DV once again
My query is when DV is already closed & judgement finalized by lok afdalat, can she file DV once again
How can we challenge it
Can we challenge in high court or can we approach supreme court
what needs to be done
Vijay Raj Mahajan
(Expert) 12 October 2018
DV case is basically civil in nature and its with regard to maintenance claim of the wife from her husband along with that she looks for right to residence at his cost.
The protection order is the preventive order for the husband to keep away from her and not to indulge in any act of domestic violence against her.
The right of wife doesn't comes to end if one of her DV case compromised in lok adalat and later on the infringement of that compromise takes place by the husband and so wife can once again file fresh case for DV and seek proper order from the court failing which action can be taken against the husband that if is violation of protection order can be sending the husband to imprisonment.
Dr J C Vashista
(Expert) 13 October 2018
No one can restrain/ stop her filing fresh case(s) as expected by you.
Your case(s) are being contested properly by your counsel who is an able, competent and intelligent you should stick to his opinion and advise without seeking second opinion/ obligation of experts on this platform. However, if you have lost faith in your lawyer change him immediately.
Guest
(Expert) 13 October 2018
Vague query!
However, she can file dv case any number of times during her life, if she feels any instance of domestic violence against her by you, your parents or your siblings.
Question of challenging cannot arise in anticipation. That is a matter to be dealt with depending upon the nature of case. There can be hundreds of ways and methods of domestic violence that she can experience, feel, think, or express, how many of them can you anticipate and deal with in anticipation? No court can impose any ban on her from filing any case in future, if she decides so.
By the way, is there any specific reason that you have not asked this question from your own lawyer, who would have been handling your 498A/125 case?
