Dv case

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved
Sirs,
I filed a divorce suit 3 months back. Just to counter, my wife filed DV case against me. We are married for 20 years. Grounds for divorce are good. I feel DV case is not maintainable. I believe I can apply for squashing of DV case under Section 482 Cr.P.C in High Court. Also there is scope of filing revision petition with Sessions judge. Can you sirs, tell me some judgments on this and which way or ways are the best to squash the matter. It is presently at the ntice stage.
High Regards to all you experts.
But please tell me in as much detail as possible.

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Advocate. Arunagiri (Expert) 21 January 2012
When you got separated?

When the DV case was filed?

Raj Kumar Makkad (Expert) 21 January 2012
First of all correct word 'swuash' with quash.

You can even file appeal against the order passed by JMIC in the case of DV Act.

This is basic law which do not require any case law.

M/s. Y-not legal services (Expert) 22 January 2012
"I filed a divorce suit 3 months back. Just to counter, my wife filed DV case against me. "

so d.v case sholud be in initial stage only arunagiri sir..

and quashing the d.v case better than await for revision.. so just proceed it in the initial stage itself..

-tom-

V R SHROFF (Expert) 22 January 2012
Period of separation is vital: wh u did not mention.Details not sufficient to guide.

Advocate. Arunagiri (Expert) 22 January 2012
Mr.tom,

It is true that the case is just few months old.

I asked the above questions to ascertain the period of separation.

Devajyoti Barman (Expert) 22 January 2012
What is the ground of quashing?
As often quoted 'it is the exception and not the rule'.

You have foirst challenge the order of the MAGISTRATE U/S 29 OF THE ACT BEFORE THE SESSIONS COURT AND BEFORE THE HIGH COURT U/S 482 CRPC.

Shonee Kapoor (Expert) 01 February 2012
Only if the last alleged incident is more than 1 year old, the case can be quashed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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