Raj (Proffessional) 29 July 2012

Domestic violence after divorce

I need some advice or rulings if possible.

I was married in 2000 and I got my divorce in 2001.

She filed a Domestic Voilence in Delhi in 2007 and withdrwa her application on her own.

I got my Divorce now, she filed Domestic Violenec in Lucknow again this year and have got warrants issued againts me.

I have 2 questions.

Is DV maintainable in my case.

Can someone get DV and my warrants cancelled ( I will need nbr of dates and charges details) also payment will be made in conjunction with progress of the 2 things I want.

Pls mail me if anyone can get this for me at kraj717@gmail.com

Thanks

Raj

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5 Replies

stanley (Freedom) 30 July 2012

Normally in a domestic violence case summons are issued and in a DV case it is for a protection order .

Ranee....... (NA) 30 July 2012

Yes, your case is maintainable according to a Delhi High Court judgement.Please check this link

https://www.498a.org/forum/viewtopic.php?f=14&t=5902#p26378

You should appear in the court and contest the case.

Raj (Proffessional) 30 July 2012

I am concerned for DV case as I think it is sustanable only if filed within 1 year of last incident. If this is true than I think it should not be sustainable???

KNK A Learner (Learning to share) 09 August 2012

Hi,

My understanding from your question is, you got married in 2000, Got divorce in 2001, DVC filed in 2007 withdrawn by herself and again you got divorce in 2007 or later? now she filed DVC Again in lucknow, the Question is confusing.

Domestic violence is when you are having domestic relationship only it will applicable,

1. how can she file DVC after Divorce? is that with past incidents, if so why didnt she mentioned in her Divorce contest and brought to the notice of court. or why didnt she filed the same while the divorce proceedings were in the court.?

2. how can a divorced wife file DVC after divorce, when there is no domestic relation?

3. Why can't you file discharge petition by showing your Divorce orders.

Tajobsindia (Senior Partner ) 09 August 2012

Clarify when you got decree in divorce proceedings first as you are contradicting your own facts before us ?

Was it in 2001 or now you got a decree sheet in divorce proceedings as you say in 4th. line !