Sameer (engg) 28 July 2014

Dv case after 498a is it alowable?

Respected Sir,

My wife already filed false case of 498A on me in 2012.which is at hearing state now

Now i received notice from her of DV case.which is at admission and denil stage.

is it allowable by court?

i red some link internet , "DV is not allowed after 498A." is it true?

please giude me in same.

Yours Faithful,

Sameer

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6 Replies

Saurabh..V (Law Consultant) 28 July 2014

Hi Sameer,

Your query answered in detail in below link:

https://www.lawforumindia.com/viewforum.php?f=11

//peace

/Saurabh..V

VIRAJ KADAM (Advocate Supreme Court of India) 28 July 2014

Dear Friend

The answer is yes. Divorce proceedings can be initiated and are maintainable under the law.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 July 2014

The question is "Whether DV is maintainable after 498a?" - The answer is Yes.

However, in your case, the DV may not be maintainable as it has been filed after more than an Year delay. Two High Courts and one Supreme Court judgment supports the contention that DV can only be filed within ONE YEAR from the last alleged incident of Domestic Violence.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

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Sameer (engg) 30 July 2014

thank you all.

for your reply.