Null and void marrige and dva act 2005
RATTAN LAL
(Querist) 19 October 2013
This query is : Resolved
THE MARRIAGE IS NULL AND VOID BUT DECLARED BY COURT AS NULLITY OF MARRIAGE.THE CLAIM FILED BY THE WIFE IN DVA ACT 2005 WILL BE QUASHED OF NOT.
ajay sethi
(Expert) 19 October 2013
Dv would not be maintanable as there is no domestic relationship between the couple It is apparent that in order to make a person as respondent in a petition under Section 12, there must exist a domestic relationship between the respondent and the aggrieved person. If there is no domestic relationship between the aggrieved person and the respondent, the Court of MM cannot pass an order against such a person under the Act.
ajay sethi
(Expert) 19 October 2013
Delhi High Court
Harbans Lal Malik vs Payal Malik on 29 July, 2010
The domestic relationship between the aggrieved person and the respondent must be present and alive at the time when complaint under Domestic Violence Act is filed and if this relationship is not alive on the date when complaint is filed, the domestic relationship cannot be said to be there.
Devajyoti Barman
(Expert) 19 October 2013
DV would not lie if there is no domestic relation between the parties. This is so even after divorce.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the experts, nothing more to add.
