Domestic violence
ena
(Querist) 04 May 2014
This query is : Resolved
Hello.
Me and my wife seperated by an agreement its been 9 years.After 3 years she filed bogus case IPC 323,294,506.And after another 4 years she filed 498 and She is higly educated and earning handsome salary so in DV She asked for residence order u/s 19 and finally judge ordered 8000 for residence. Its been 9 years to our separation then also is she entitled to get money for residence? She has filed bogus criminal cases 323,506 and 498 etc in one of this case 323,506 we are aquitted but still Magistrate mentioned that DV is quasi civil in nature and on preponderance of probabilities violence has been done.Is there any chance to dismiss this residence order?? Please help
Thank you.
M.Sheik Mohammed Ali
(Expert) 04 May 2014
if you can proved that she is wealthy and get more money and earning, and have your documents, you file at HC for quash.
ROHIT SHARMA
(Expert) 04 May 2014
1. What kind of agreement was made nine years ago that you say was made by you both to lively separate. Was it registered ? Notarized ? I need to examine this agreement so that i can proceed to rely to your other contentions mentioned in your query ?
2. I think this matter needs to be discussed in length so that most appropriate legal opinion can be summarized.
3. If need be contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gamil.com
ajay sethi
(Expert) 04 May 2014
it is necessary to go through the contents of agreement entered into to advice .
lwegally she continues to be your wife . hence in Dv she can make application for right to stay in matrimonial home . if you are aggrived by impugned order passed by magistrate file appeal against said order
Devajyoti Barman
(Expert) 05 May 2014
DV does lies in the current circumstances. However to disentitle her from residence order you need to present your case properly.
Do acquire information about her professional and financial position for current days.
This is the only escape route.
Rajendra K Goyal
(Expert) 05 May 2014
Well advised by the experts sethi ji and Barman ji. Agree to it.
Engage a good lawyer expert in family matters and show him the documents and case file.
Nadeem Qureshi
(Expert) 05 May 2014
the domestic violence case can not be filed after one year of incident as per the supreme court judgement.
you should filed an appeal before session court against the order with the copy of judgment, the session court may set-aside the order.
Feel free to Call
advocate mukunda
(Expert) 05 May 2014
case is little complecated ,better to contact your local advocate.
Thanks
muraaree.m
Dr J C Vashista
(Expert) 06 May 2014
DV case for shared house (u/s 19 of POWADV Act)is maintainable.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
I think your advocate might not have properly challenged your case before the court against the DV case, what was the agreement that made you both to live separately way back 9 years ago?, why was it not brought to the knowledge to the court? If you feel that your case was not handled properly, change your lawyer, now for the present you can prefer an appeal against the present order in DV case.
