Help needed : dv act 2005 filled by wife.

Dear nshu ,

Interestingly your wife is seperated from last 4 years and more on what grounds 498 a and DV case is filed. Both the cases are barred from limitation period. for your wife collect all her job details that shall be helpful in DV ccase . In dv case all respondents has to appear . In Dv case try to dismiss the apllication on grounds of limitaion period.

Regards,

Adv. NIKHIL SETH 

Mumbai 

Thanks Nikhil ji. 

Thanks Mr. Happy ji. :)

@adv nikhil seth..sir, as per your reply, you have mentioned about limitation aspect in DV case. i would like to ask if you are referring solely to the roshan dalvi judgement of the bombay high court. ideally how much should be the limitation period be in to take the defence of the limitation period.

thanks

@alone but happy..........sir, did you use the justice roshan dalvi judgement to dissmiss your DV case. request you to please elaborate your case, as i too would be taking this defence. thanks and awaiting your kind reply

Expert may guide me point Q wise. Please

1. Do we all (me+my father+mother+unmarried sister) have to appear in the lower court on 16.01.2014. OR only appearance of me and my father will sufficient.

First appearance let every one appear before the court so that let you not allow an opportunity to the petitioner to make it a point of her case

Q2.  She again again dragging my unmarried sister name in each compliant. Can we stop her?

You cannot stop her from deciding on any issue, you have to contest the same on merits only.

Q3. Can lower court grant her interim maintance?

It depends on how you contest the case and challenge her claim on the basis of evidences in your possession about her employment and income thereon.

Q4.  Do I need to take a loan on my salary to minimize the interim maintance? My salary is equal to her salary.

This is a funny idea, do not be misguided by ill-knowledged people's advices on the  issue.

Q5. Currently she is working in another city where cases are running. She and her father harshing us to filling more cases on me. filling RTI to wife office is a crime or mental harassment ??

What is the information are you intending to seek from her office, the details about her employment or salary, you can petition  the court to direct her employer to furnish the details to the court which will be more effective.

Q6. What would be the next course of action from my side? What is the preparation my side to appear in front of the lower court.

Consult your lawyer who will be in a better position to explain the circumstances of the case as and when there arises one.

Thanks -T. Kalaiselvan, sir