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Sumit Kumar (IT)     10 April 2016

DV act after 125

Dear sir need a advise. After 125 case is running for more than 1 years ie 13,months and no decision yet on interim maintenance wife filled false dv case against our family . Is it maintainable and can court order maintenance under dv when 125 proceedings are ongoing in different court?


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 1 Replies

Samir N (General Queries) (Business)     10 April 2016

First see if there is a LEGAL basis to dismiss the DV. LEGAL basis means based upon law even if the facts alleged are taken to be true.  The most common grounds for dismissing a DV is if the last alleged act took place more than one year before the filing of the DV.  In that case, file an application to dismiss the DV.  There may be other grounds too...  Cannot speculate without seeing the DV petition or knowing other details. Read the DV Act. Check for definition of "Domestic Relationship," for example. See, if other members of the Family fall under that category.  You can get the DV petition dismissed at least for some parties, if not the whole.  Go aggressively forward. Make it clear to the Judge/Magistrate that you will be filing an application for perjury after the DV petition is finally dismissed. Just mention it so your wife knows about your intent. 


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