Can wife file petition if living separately from september 2004
satish
(Querist) 28 March 2015
This query is : Resolved
Dear Experts,
I am suffering from a case as per subject given above.
The details are a case u/s 406/498A was filed by my wife in 2004 and from 2004 onwards she is living with his father separately from me. in 2005 she filed a case u/s 125 for maintenance of herself and my baby. Court decided Rs. 900/- per month for them as interim. both the cases are under trial in MM court.
Now she has filed a case under Domestic Violence act in 2014. I have submit an application to dismiss the case on the ground of that she is living separately from 2004 which she has also admitted in his petition. and this act was comes in force from october 2006. Court has rejected my application.
Now can i appeal for that?
Please suggest for further action.
If yes can you provide me some references to prove in Session court.
SAINATH DEVALLA
(Expert) 28 March 2015
I presume the judge has not gone into the details of the case.When she was living from U separately since 2005, how can she file DV in 2014.Can U prove that she has separated from U since 2004
T. Kalaiselvan, Advocate
(Expert) 29 March 2015
There is no wrong in the court dismissing the petition, you can challenge the DV case on merits since you have grounds to prove that she is staying separately since 2005 i.e., around 9 years.
Dr J C Vashista
(Expert) 29 March 2015
1. She can move application u/s 12 of POWFDV Act, 2005 at this stage also and MM has rightly dismissed your application. 2. What are the relief (s) claimed by aggrieved person/your wife?
3. However, if you feel aggrieved, file an appeal.
4. What does your lawyer advise? Why do you want to cross-check your counsel on this platform? Just because it is FREE OF COST?
5. If you do not have faith in your advocate change him/her.
For further clarification/ advise/ proceedings visit my profile to press the button "Click to Talk"
ajay sethi
(Expert) 29 March 2015
DV is a continuing offence . merely because wife is staying separately does not mean that DV wont lie .
Guest
(Expert) 29 March 2015
Maintenance and dv are two different kinds of cases having no relation with each other. Living separate is not the yardstick, but the facts adduced during trial, are relvant in the dv case. DV can happen any time by any of the members of the family. Fighting the case on merits is necessary, rather than taking merely a plea of your wife living separately.
satish
(Querist) 29 March 2015
Dear Experts Thanks to all of you.
Dear Sir SAINATH DEVALLA Ji- She has admitted in his petition that she is living separately from 2004.
Dear SirDr J C Vashista Ji- My uncle are my advocate in this case. They advised me to find out some rulings in this regards as a team work. So i have posted for experts's advise. I have full faith on my advocate.
SAINATH DEVALLA
(Expert) 30 March 2015
good,then UR uncle must be well versed,he will take care
Guest
(Expert) 30 March 2015
Your advocate uncle has to do his own home work independently.
T. Kalaiselvan, Advocate
(Expert) 02 April 2015
Agreed with experts, your advocate uncle has no team here to work with, he has to find one locally for proceeding with the case using the hints of settled laws in this regard.
