Dvc case after divorce

Initially you may apply to Trial Court and not High Court

Thank you Sir

DVC is not maintainable if it has been filed after divorce. 

You can file a discharge petition under section 239 cr.p.c before trial court and if necessary you may file a revision or quash petition before high court at later stage. 

Thank you very much for the advice Sir.

You are welcome for the appreciations

With due respect to the view of T. Kalaiselvan, Advocate, I have my reservation on this query. If we look to the definition of aggrieved person as given in Section 2 (a) and Domestic Relationship as given in Section 2 (f) of the DVA 2005, it includes a divorce woman. An act of domestic violence once committed subsequent decree of divorce will not absolve the respondent from the offence committed or deny the benefit to which the aggrieved person is entitled under the DVA 2005, including Section 20, 21, 22, and 23. Thus, I am of the view that decree of divorce will have no effect on the maintainability of the domestic violence case, if the allegations made is a dispute within the province of the DVA 2005, and entitlement to the relief claimed will depend on the proof of such allegations by the aggrieved person.

Thank you for the reply. Alleged offence is a decade before the Exparte divorce decree and permanent alimony before Hon'ble court via EP.

But for the sake of knowledge, May I please ask if every aggreived ex-wife can potentially file DVC case in India after divorce & permanent alimony, wouldn't there be millions of cases filed to extort more money because not everyone has mutual agreement done.

Thank you.