Domestik violence act
vinodkumar
(Querist) 28 June 2013
This query is : Resolved
A HUSBAND AND B WIFE LEAGALLY DIVORECD IN YEAR 2010 AND THEY RAGISTERD THIS DIVORCE DEED BEFORE NOTARY PUBLIC, AFTER THAT THEY SETTLED IN THEIR MARRIAGE LIFE DIFFERENT PLACES, NOW THE B WIFE MARRIED PERSON C AND ALSO PREGANT BY C, NOW B WIFE FILE A D V ACT COMPLAINANT AGAINST EX HUABAND A AND ALSO INVOLVE HIS FAMILY FOR THIS D V ACT, NOW WHTA IS LEAGLE DEFENCE FOR A? WHAT A CAN FILE A DISCHARGE APPLICATION OR DROP PROCEDING APPLICATION OR FULLY FACE ALL TRIAL? WHAT A CAN APPLY FOR MEDICAL CHEK UP FOR B WIFE, UNDER WHICH PROVISON OR ACT?
Adv Archana Deshmukh
(Expert) 28 June 2013
There is no domestic relationship between the husband and wife now. File all the evidence during the trial of the divorce (though it may not be legal), her second marriage etc.
Rajendra K Goyal
(Expert) 29 June 2013
Mutual Agreement of divorce before notary is not legal and enforceable in law. The MCD should have the confirmation of court. For DV act the husband has enough defense in his favor in the form of notarized divorce agreement which can prove there had been no relation between the two. Since the said divorce is not legal and each have married again, each party can file case of bigamy against other provided proof of other marriage available.
Raj Kumar Makkad
(Expert) 30 June 2013
As the decree of divorce is already passed between A & B so they have ended domestic relationship and thus the complaint/application under DV Act is not maintainable and is liable to be set aside. The husband is required to move an application seeking dropping out the proceedings before the trial magistrate.
