RAJA...... (Unemployed) 08 March 2020

Can my wife file dv sec 12 after one & half yrs of seperate living

My wife filed false 498(a) & 3,4 DP act on me & parents in june2018.since living separately.. In Feb 2020 she filed DV Sec 12 claiming for maintenance (along with property,gold ,bike ,laptop Worth 75 lakhs)for loss & damage of her health and property etc... - we are not divorced yet, CAN SHE FILE DV section 12 after 1 1/2 - 2 years of seperate living.??

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12 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 08 March 2020

Dear querist,

Yes she can file dv case after 2 years of separate living.

Regards,

RAJA...... (Unemployed) 08 March 2020

-1st she files vague complaint (498a) -when i explain/show proof that to police that it's all big lies, -Now she edits her complaint according to my proofs and files DV case sec12,, I still got more proofs that DV case is false,,

RAJA...... (Unemployed) 08 March 2020

Hon Court sends seperate letters to me and parents to attend Court later this month,I have 10 days time ,what do I do

RAJA...... (Unemployed) 08 March 2020

She is working,,I don't have a job even before she filed 498a,,1st she files 498a and now after one and half yrs she files DV sec12,,

RAJA...... (Unemployed) 08 March 2020

I don't have kids will it help me in anyway

Sachin (N.A) 08 March 2020

Originally posted by : Kumar
	My wife filed false 498(a) & 3,4 DP act on me & parents in june2018.since living separately.. In Feb 2020 she filed DV Sec 12 claiming for maintenance (along with property,gold ,bike ,laptop Worth 75 lakhs)for loss & damage of her health and property etc... - we are not divorced yet, CAN SHE FILE DV section 12 after 1 1/2 - 2 years of seperate living.??

She can file different cases. But don't worry you need to be handle the cases carefully Firstly if you are residing with your parents, arrange a separate address and inform the court that you are not living with your parents else she will demand for right to reside in same, premises. If you do that, your parents need not to attend every hearing, court cannot issue warrant against them, court can only make them exparty and you need to appear and contest the case. The only thing to handle is interim maintenance, and nothing to bother about.

RAJA...... (Unemployed) 09 March 2020

Thank you Sachin, working on it

RAJA...... (Unemployed) 09 March 2020

Hi Sachin,,I just updated, "about me "in my profile,pls read,,that's exactly what my wife and police did to me and my parents ,,

Sachin (N.A) 09 March 2020

Have you not applied for anticipatory bail??

Sachin (N.A) 09 March 2020

Asking because your profile suggest arrest in 498a

RAJA...... (Unemployed) 10 March 2020

Hi, didn't apply anticipatory bail bcoz,,we met 3 high rank police officers,then acp,ci & si took bribe,,,,all the high rank officers said si will do enquiry & will remove my parents name (si didn't do enquiry,he took bribe),we submitted proofs to si that it's a fake case,, after couple of months si asked me to come to ps & they will take me to court,,on the day of the arrest ,I reached station by 9:30am,,,,si made me wait till 5pm,,then he sent me to court,,, Judge asked me questions and sent me to jail,,I was there for a week,court holidays Sunday/festival,,,then I was out on bail,,,, after one month si made charge sheet & included my parents name , even after I submitted proofs,,,thing is he took big bribe

Sachin (N.A) 10 March 2020

You should not do anything, without your lawyers advice. Just take below mentioned steps to avoid any further problems. 1. Separate address 2. Your wife income proof. 3. Your income proof of around 10k, never give lame excuse of unemployment, as unemployment is not an excuse in court Just do these things and don't worry.