Interim order, stay and div. petition - urgent

If I correctly understand your question  -> DV will be quashed on merits.

Dear,

       You did not narrated your facts correctly so no advice can be given in your matter.

@ Mr. Kapoor, can DV be quashed in High Court?

Don't understand the comment of Gautam. Most victims file divorce petition straightaway once DV act is filed to counterblast.

The DV act (there's not 498a issue- it is u/s 37 a (9b) was filed when I was out of India. I am not living with her  for more than 12 years i.e before the enactment of DV act. from 2001 till date. There are no allegations of domestic violence against me but my family members and none of the family members lived with her after 2001.

Please remove the wrong notion that provisions of the Act can only be invoked only after the Act came into force.

If DV is filed as a counterblast and your family members have not lived with from 2001 and you had no CO AHIBITION with her for the last 12 years, plea can be made out in the higher courts for quashing the case.

The DV case was filed towards end of 2010 and was numbered in April  2011. In both these material time neither me nor my family members lived with her. What impact my Divorce petition is going to have under such circumstances given the above fact i.e all my 3 posts?

Anonymous70 

Hi all

Don't get me wrong from my previous post. I reiterate that no relatives including myself lived with her since 2001. I approached few lawyers and discussed about DV matter, appeal and divorce petition at family court. They're saying that just provide the copy of divorce petition to jmfc and sessions court and that it will not be necessary for me to attend any hearing at jmfc and sessions court. If I file for quashing under 482 Crpc and include the divorce petition copy, the HC will direct me to family court since I've filed my div. petition. So my borrowed money goes waste.

I am unemployed and as per SC ruling maintenance cannot be forced from husband. she's operating business by way of keeping paying guests.

Please suggest right advice as the opponent is taking short dates for filing ws for their main app. at jmfc as well as int. maint.

there is dv case, appeal, divorce case. three cases. u r right dv case has to be filed in reasonable time. or maintenance cannot be forced. yet the lower judiciary decides otherwise. let the lower judiciary stoop to low standards. it is only the first step. after it is out of their hands then go higher. don't rush.

It is not important if allegations are made against you or not. What is important is whether you are a party to the DV petition or not. If you are not, then the Court cannot pass an interim maintenance Order or Residence Order in her favor as in-laws are not responsible for any of these issues/claims. If there was no "domestic relationship" for a decade or so then the DV petition should fail on procedural or limitations ground. You/your-family should focus on that (and not on substance or allegations in the petition) in the appeal. 

As you have filed for a divorce, you can tell the DV-appeal court that the dismissal of the DV does not prejudice her as she can seek any relief she wants in the Family Court where the divorce petition is pending. Emphasize the need for judicial efficiency and avoiding multiplicity of proceedings.

I wonder what is the basis for your divorce petition...  In any event, the DV-Court (presumably the Magistrate) has no jurisdiction over the divorce petition and vice-versa. Therefore, at most one Court can take notice of parallel proceedings but cannot rule on the other or influence the other. Generally speaking a civil Court order acts as a bar to a criminal proceeding (for same allegations and based upon the same facts) but not vice-versa.  DV is arguably criminal but more quasi-criminal. 

Once you enter the court system and lawyers get involved, the money tap cannot be closed that easily. 

I filed divorce petition u/s 13(1) (ia) and (ib). Cruelty and desertion.