Dv - domestic incident report
PT
(Querist) 08 February 2013
This query is : Resolved
Sir/ Madam,
1) My ex-wife filed a case under DV Act, 2005 about 6 months after I obtained dissolution of marriage decree from a US court. She had written letter to the US court and hence participated. Is the DV maintainable ?
2) She filed DV application u/s 12 directly with the magistrate. However, per the DV Act, Form I (DIR) should be signed only by protection officer/ service provider. Will this hold ?
3) Even if DIR / Form 1 is accepted, she has not specified dates (only month/ year) or given any medical rpt/ proof
4) After filing DV; .. she has added additional incidents of violence in other cases like child custody etc. which dont find mention in DV
5) Further DV filed 3.5 yrs after separation and 100% of cohabitation was in US so jurisdiction issue.
Is this a good case for QUASH or should I ask for only DIR to be QUASHED. Appreciate your comment. Regards
ajay sethi
(Expert) 09 February 2013
merely because DV is filed 3.5 years after separation is no grounds for quashing . it is a continuing offence . necessary to go through the complaint filed under DV act to advise
Raj Kumar Makkad
(Expert) 10 February 2013
This is not a fit case for either quashing of DIR or whole case. Better to defend the case on merits and raise all such and additional points while replying to the case. You shall definitely get benefit of the contradictions of her stand taken in various cases.
V R SHROFF
(Expert) 10 February 2013
you have to defend the case/ No other remedy.
Sudhir Kumar, Advocate
(Expert) 10 February 2013
