Misuse of DV Act.

Querist : Anonymous (Querist) 10 November 2010 This query is : Resolved
Question from aggrieved/victim Husband

-- Wife living separately from husband since 2 years due to matrimonial dispute.
1) She filed false case in DV act,urged to get maintenance,housing expenses for herself and child.
2) She is working in reputed institution and Husband is jobless. She is engaged in extra marital affairs. Husband having proof of phone details and some complaints filed with police against wife.
3) Is it possible that wife may further file 498a case in addition to case of DV.
4) Is she can get maintenance under these circumstances.
5) Can husband file a divorce case and on which grounds.
6) Husband is advocate and newly registered with bar association in the court where Case of DV filed.

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Arvind Singh Chauhan (Expert) 10 November 2010
Fate of case depends on the facts and proofs.
It is possible to file case of 498 in addition to DV act.
Grant of maintenance also depends on the facts and evidence.
Husband can file divorce on the ground of cruelty.
whoever the husband is it doesn't matter.

Parveen Kr. Aggarwal (Expert) 10 November 2010
1. She can file even a false case under DV Act and the same will have to be defended by bringing actual facts to the notice of the court for getting the case dismissed.

3. There is no legal bar in filing a 498-A case in case a case under DV Act is filed.

4. In case it is proved that the wife is having sufficient income for her maintenance and the husband is jobless and that the wife is living in adultery, the court may not grant maintenance.

5. Yes. Husband can file a divorce case on the ground of adultery, cruelty and desertion.

s.subramanian (Expert) 10 November 2010
I agree.

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