498a case after 2 years of living apart
Querist :
Anonymous
(Querist) 17 April 2023
This query is : Resolved
The wife has filed cases under 498a & DV after 2yeras of staying away from her husband,
1st they had filed a mutual concent lawsuit for divorce, now she is demanding 15 to 20 lacs for signing the mutual concent petition, which was not agreed upon by the husband, so she has filed for contested case at her parents native place,
She has been returned all ornaments in the court & signature taken, she has named husband 's parents also in the DV case,
1) can a contested case could be filed against husband and parents after staying away for two years?? Though they had filed a mutual concent divorce petition to begin with,
2 ) on what grounds can the husband & parents can quash the false DV cases, specially when they are not staying with the wife since two years??
T. Kalaiselvan, Advocate
(Expert) 18 April 2023
1. The domestic violence is a continuous offence hence it can be filed anytime during the subsistence of marriage between them and not barred by limitation.
2. They may better challenge the same in the trial proceedings and get the case dismissed instead of going for quashing the same through high court.
