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Ibrahim (Associate)     31 December 2013

Dv after 1 year

Dear Sir,

I have read Inderjit Grewal Judgement abt the time limit for filing DV. Same is the case for me. It was filed after 17 months of Desertion and the couple of allegations are two years old (one date is like 28.08.2011 and other is Oct 2011 month alone). I am also having eviences to deny it as well but it may take long to start  the hearing. Other allegations have no date and time and very vague. After that 17 months of gap is there since she left the matrimonial home. No allegation in this period. Now my case is at interim maintenance hearing stage.

1. Can i apply this judgement at this stage to quash. If so Sessions court or HC.

2. After getting order for interim maintenance in trial court i can go for appeal to quash.

3. Can i file a dischare petition in trial court citing this judgement.

3. Or it can be used only for argument in trial court and to decide the case on merit.

Regards

Ibrahim



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 January 2014

Dear Querist

as per your information, my opinion on your queries are as under:

1. Can i apply this judgement at this stage to quash. If so Sessions court or HC.

Opinion: it will be better to file a quashing petition before HC under section 482 of Cr.P.C read with article 226/227 of Constitution of India

 

2. After getting order for interim maintenance in trial court i can go for appeal to quash.

Opinion: yes, you can but you can file the quashing petition before passed any interim order by lower court.

 

3. Can i file a dischare petition in trial court citing this judgement.

Opinion: yes, you can

 

3. Or it can be used only for argument in trial court and to decide the case on merit.

Opinion: in both situation you can use this judgment.


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