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Milan (Management)     23 January 2014

Domestic violence after mutual consent 13b filed

 

Hello There,

My name is Milan and I am in UK. My self and my wife filed Mutual consent divorce 13B in Gujarat, before that we made very strong agreement on Rs.100 stamp and I paid allomany and Jewellery and nothing to remain. 

Then she asked more money by sending two notices to me (UK) and my WITNESS on agreement by asking her wages of UK, which was in her separate bank account, nothing with me. She also try to make complain to police but police just took answer from us and replied, no action by police against us bcoz of 13B running, 13B six month over already.

I refused it as already filled for divorce, before this petition no such FIR lodged in UK or in India, and we were filed this petision on May 2013. and then after I am in UK and she is in India.

Now she filled DV act,2005, her intention is to Get more Money. I have some proof where she is saying that she need divorce not my husband.

So my question is

1) Any women can file DV after 13B as well and got all money?

2) If yes then it is misusing of Law and misconduct of juridiction as well.

3) Can I go in High Court to quash false case against witnesses and me?

4) Can I ask High court to lodge criminal complain against her bcoz of false case created for more money.

5) As per DV condition we are separate more than one year and I am in UK so its not maintainable?

 

Please reply soon.

Thank you Sir.

Milan



Learning

 5 Replies

Dr J C Vashista (Advocate)     23 January 2014

1) Yes, a woman can file petiton under the provisions of POWADV Act, 2005 after 13B and got all money, no one can stop her.

2) Of course, it is misuse of Law and misconduct of the woman, which can be challanged subsequently and not  the juridiction.

3) Yes, you can go to High Court to quash case against you, if you are strong enough to prove it false. However, the question regarding moving against witnesses is vague and not understood, i,e, what do you intend to ask?\

4) The  Court will desist and discourage you to lodge criminal complain against her. Yes,  once you prove (during the pendency of the case) that she has filed false case for more money you can claim prosecution/damages for defamation subsequently and separatly i.e., after finalisation of the case.

5) The query is vague regarding maintainablitiy as you did not disclose the relief claimed therein the case, hence no comments/opinion and/or advise.

T. Kalaiselvan, Advocate (Advocate)     23 January 2014

1) Any women can file DV after 13B as well and got all money?

The provisions of POWADVA does not prevent her from filing such complaint, she can go ahead.

 

2) If yes then it is misusing of Law and misconduct of juridiction as well.

It is not misusing the law, she is cleverly utilising the provisions of law in her favor.

3) Can I go in High Court to quash false case against witnesses and me?

You can approach High court if you feel that the  evidences in your possession are strong enough

 

4) Can I ask High court to lodge criminal complain against her bcoz of false case created for more money.

You cannot do so

 

5) As per DV condition we are separate more than one year and I am in UK so its not maintainable?

There are no provision under the said law for this

S K KARNjhc (Legal Adviser)     24 January 2014

you are properly advised by Sr. sirs, leaving nothing to express

Dr J C Vashista (Advocate)     25 January 2014

Mr. Milan,

I think we have spoken on telephone on 22nd January 2014 and discussed the matter at length.

Best of luck.

Milan (Management)     22 December 2014

Hello All Senior Advocates


As I mentioned I filed Quashing petion in concerened High court and Highcourt found that she made agreement and got money and filed 13B and then she is filed Complaint under DV act so 'Stay Granted on DV complaint..'

Subsiquentley Private complained filed by me on following grounds.

False Complaint,

Harresement Husband and Family,

Misuse of Womens Protections of Law.

Misconduct to Government and Court,

Blackmailing

and court is registered case under sec IPC 210.. and checking all the details to issue Summons towards her.

She refused to signed in 13B as she need more money and she made Affidavit and presented before court which is clearley mentioned that she is Blackmailing husband which can be ground for one sided divorce..

Hope I am going right..

Please Advice Further..


Regards.

Milan


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