Srinivas (.) 01 August 2014
Hi All, Marriage happend on 22.12.2012 and wife left home on 03.01.2013. After that we are staying separetly and Divorce filed by her on 25.01.2014.
Now Is she has right to file DV Case on me and my parents? Please advise. and please provied HC & SC judgements not file DV case After one year seperation same.. Thanks to all..
ATIN YADAV (lawyer) 01 August 2014
yes that is law dv case filed neccessery after one year limitation acordingly hindu marriege act
S K KARNjhc (Legal Adviser) 01 August 2014
Yes, Adv. Mr. Yadav sir is right
megh dute (TSI) 01 August 2014
R/Member
Can any mental paicent wife file DV on her husband. If their is Dr. prescripttion having about her mental problem.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 August 2014
Srinivas,
There are judgments that one can not file DV after ONE YEAR of last alleged incident.
Megh Dute,
Whether she is a mental patient or not is a matter of fact and not a legal question.
amit8 (abcdef) 04 August 2014
Shonee Ji,
My dv case was filed after 14 months of last alleged incident , The case is now due for judgement.
If judgement not in my favor , then can i go higher court with this point that case is filed after one year ?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 August 2014
Limitation is a pre-liminary objection. If you had not raised it in trial court, don't know whether Sesssion Court would accept it in appeal.
Regards,
amit8 (abcdef) 05 August 2014
Dear Shonee Ji
We had mentioned in our reply and argument that the case is filed after 14 months ,( but not as an objection)
would it help ?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 August 2014
You may try. I am not sure about it.
Regards,
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