Can filing dv case yield anything to wife after loosing rcr

You havee to furnish some more details. Did the wife in her reply to the RCR application filed by the husband allege violence and torture by the husband as grounds for dismissal  of the petition. If such grounds were urged and the court did not accept them, then Wife will not have a strong case under the DVB Act.

The husband can challenge the issuance of process and can proceed for quashing of D V proceedings initiated by wife as the same will amount to abuse of process of law by wife. Supreme Court is very claer on this issue where husbands are harassed by wifes by initiating D V proceedings post divorce or rcr.

For the sake harassment, she may throw some more charges....498a may be....

Regards

Chetan(dot)7679(at)gmail(dot)com

dear sirs after filing of 498a by wife husband has filed rcr and won the decree exparte after due notice being served on wife. after filing of rcr by husband wife has filed for divorce. husband is on AB. however proceedings of 498a or divorce case have not started yet. under these circumstances what relief can wife claim under dv act? pl.help. Yougesh sir can u pl. provide reference to any apex court judgement mentioned by you.

It is an ex-parte decree, can be challanged anytime by the iwfe.

Regards,

Shonee Kapoor

Guptaji,

Please clarify, even expartee RCR decree should be challenged within 90 days or 1 year? I know for expartee divorce it is within 90 days?

Mani

Ex-parte can be challanged within 90 days of knowledge.

Regards,

Shonee Kapoor

Shoneesir and gupta sir I am a bit confused here. hma says apeals to be filed in all decrees within 90 days of passing of decree.

While Sl no123 of limitation act says time limit of  filing petition to set aside an exparte decree under order 9 rule no 13 is 30 days  from passing of decree and not from date of knowledge when notice has been duly served, I QUOTE" 

Article 123 of Limitation Act extracted by you is clear. Appln to set aside ex parte decree should be filed within 30 days from the dte of decree. if substituted service was done on the defendent, then 30 days will be counted from the date of knowledge of the decree. You have mentioned that in ur case the defendent has been duly served with notice of the proceedings. Hence the defendent should file the appln for setting aside the decree within 30 days of the decree.

As the notice was duly served on the defendent , appln for setting aside the exparte decree should be filed within 30 days of the date of the decree, not 90 days.

gupta sir thanks a lot but still the question remains that if decree is not challenged and wife doesn't resume cohabitation can court grant any relief to herunder dv act?

And why should any relief be granted in PWDVA? It is an independent case, and the girl if is able to prove the allegations would be able to get reliefs she desires.

Also, when the substituted service is done, it is always a matter of ambiguity, if the lady is able to convince the court, then she can challange it within 30 days (I stand corrected) of knowledge.

 Shonee sir as earlier stated by me due notice was served to wife. now  90 days after passing of decree it becomes final in all respect. so if now wife doesn't join husband and files dv case against husband can the court grant her any relief irrespective of her contentions. Quoting from section36 of dv act

"36. Act not in derogation of any other law.—

The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force." 

if court grants her any relief like RTR in separate house  or protection order or compensation after passing of rcr decree wherein she is ordered to join husband at the earliest, will that order not be in derogation to  rcr decree granted by family court? my understanding is that any relief under dv act should not give her right to disobey rcr or deny husband the right of conjugal happiness or  disrupt the status of marital relations when family court has ordered it to be restored, in light of section 36 of dv act. kindly guide me if I am wrong

regards