No dv if divorce happened?

Guest (Querist) 16 January 2012 This query is : Resolved
Hello Experts / Lawyers,

Can any one provide a Judgment(s) where DV was Quashed or not Maintainable after Talaqnama Served/Sent by Muslim Husband to his Divorcee Wife?

What Judgments I can Use to Defend my Case?

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Devajyoti Barman (Expert) 16 January 2012
This is not a ground for quashing of DV case. So you should not waste time searching for such decision.
You have to fight your case on the merit about which you only know.

V R SHROFF (Expert) 17 January 2012
DV apply even to live in relationship; Q of marriage and divorce does not arse

s.subramanian (Expert) 17 January 2012
Dv and Divorce proceedings are distinct and separate. While one falls under the ambit of criminal laws the other falls under the ambit of family laws. They operate in separate fields. The result in one proceeding will not and cannot have any sort of impact on the other.

Advocate. Arunagiri (Expert) 17 January 2012
On what date the Talaknama served?
On what date she left the marital home?
On what date DV complaint filed?

Deepak Nair (Expert) 17 January 2012
Agree with the experts above.

You have to face the charges is the wife filed complaint on the basis of the incidents before divorce.

Rajeev Kumar (Expert) 17 January 2012
Agree with experts above

Shonee Kapoor (Expert) 17 January 2012
No such judgement.

If she is contesting divorce too, it is maintainable.

Regards,

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