Is separation amounts to cruelty

@12 months aka jan dec...

Yes In India it is equivallent to dowry harassment 498a, rape charges 375 & 376, breach of trust 406,Outrage and molestation 354, grievous hurt 320-323 , 125 crpc, and lastly your prediction of dva 2005.

Note: your wife doesnt need any lottery system to choose which case she can file. If she has enough starting money then she can file all above cases like a paani poori combination.

Physically you are doing constructive desertion and as well as a component of dva 2005.

If she likes to enjoy court halls with judges , vakils and munshis then certainly she will file any cases of 498a , dp 3 & 4 or dva or any bunch of maintenance cases.

PS: IF you believe In kundali and dasha then visit BaBa balatkari soon..lol

My serious suggestion apart from above: Get familiar with all biased laws and how to fight against these types of cases.

Sorry to say there Is no Immune system In Iindia against frivolous cases.

ESIS

@ Author,

A. NO / YES / MAY BE

The way you have coined your query so does by various ways it can be interpreted;

1. If she chooses to put such incidence in her complaint under DV and justify that domestic violence happened to her then same can be denied in toto as no witness she can produced as some verbal fight happened under four walls and it is obvious such allegations are always written in generic fashion by petition writers with  no head no tail.

2. If you just want to know if you have committed any act of DV by such act of 'separating physically' two persons in a family to diffuse acrimonious situation then such act of separation of pacifying two people does not come under DV.

3. If she chooses to put such incidence in her complaint under DV and twists the whole incidence and go on to allege that 'it was your mother who verbally fought with her and YOU physically separated HER (wife) away" thus caused DV to her then same can be rebutted for a fact 'your mother was shown to be verbally fighting  by HER (wife) in her own statement so YOU being her son will naturally remove your mother first from the scene and not your wife as is generally scene in any verbal fight even in street that it is the person who verbally fights with another is always pacified first and then removed from scene and not the other person who is facing h/er alleged verbal abuse so what domestic violence she is talking about !

Lastly if for some reasons say, she used to go to her home every now and then and then return back and she has proofs of such going and coming then (obviously you might have objected to such visits) then she can allege '"due to your mother and you verbally fighting with her you were physically separating her from her own 'shared household' which are acts of domestic violence". Thus what you asked so simply have different interpretation whose actual firing line you will come to know once you read that particular para in a DV Act complaint once she files.


Bharat Ratna DV Act interpretation is very very vast and only a clever advocate can bail you out with his cleaver on the toe rebuttals. 

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