Domestic Violence Case
Querist :
Anonymous
(Querist) 04 December 2010
This query is : Resolved
Dear Sir
The case is purely of Joint family properties and Partition . Partition process of Arbitration is pending and going on - before the elders , there are written representations , claims and counter claims for only partition between the Widow of deceased son and his minor sons , another son and sister and mother - pending such partition process , a Domestic violence case can be filed by Widow and apparently for partition and share by widow and her minor sons - Whether the FJCM can enter in to the jurisdiction of a Civil nature claims for, partition otherwise-Jurisdiction of JFCM /Criminal Courts and Civil court for Partition suits- with reference to Proviso Sec 36 of DV Act. The DV Act is in addition to other Acts /Statutes not in derogation of other Acts / other substantive law/Statute . I request the learned friends to consider this point and to express their valuable view /opinions to have clear picture to me on the subject !
Thanks in advance !
Devajyoti Barman
(Expert) 05 December 2010
No DV case lies if the husband has died. The widow however fle a suiit for partition to claim her share though her deceased husband.
Querist :
Anonymous
(Querist) 06 December 2010
Dear Barmanji ! I too have the same opinion , but i have not located any citation on this specific point Where husband died -DV Case-? -if any judgment on this point may help me .
