Dv after 498a and divorce
Harassed
(Querist) 30 September 2012
This query is : Resolved
My wife filed a divorce case first. I asked for all the assets including my salary and jewellery back she had taken from our joint account. This is a huge sum of many lakhs.
Now, several months later, she filed a 498a with very serious allegations that were not present in her divorce petition. The next day she has filed a DV case with the exact same allegations as the 498a. Only difference - she is also asking for protection orders (no residence, maintenance or compensation requests).
The DV case does not disclose either the divorce or the 498a cases she had already filed.
Is DV maintainable if it is filed AFTER she has initiated divorce, and AFTER 498a and with the exact same allegations as the 498a?
ajay sethi
(Expert) 30 September 2012
your wife has right to file Dv case . the issue as to whether allegations made by yourr wife fall within the ambit of DV act can be stated only after going through the complaint .
the fact that she has filed for divorce/498 A case is no bar to her filing DV case .
Kiran Kumar
(Expert) 30 September 2012
You have got reasons to go in for Quashing in this matter.
If the facts stated by you are to be believed then you have got a good case for filing Quashing Petition before the Hon'ble High Court.
Visit some local lawyer and proceed asap
