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raju (business head)     07 August 2012

Maintanance under dv act

Dear Sir / Madam,

 

Kindly let me know one thing. My  bro in law (BIL) had filed divorce petition in a family court. Thereafter, his wife filed 498A. 2 months after filing FIR of 498A with police, she now filed DV case in the court against her in husband, elder bro of husband, parents of husband and husband's sister (my wife).

Since we live seperately from them, can BIL's wife file DV case against my wife? is it maintanable in the court? 

awaiting eagerly for your reply(s)

raju



Learning

 5 Replies

Tajobsindia (Senior Partner )     07 August 2012

1. Theoretically she can array even your dog living in Chikmangalore village and it has happened in various illustrative complaint cases in the recent past. Like you tell us that your wife who never lived in a 'domestic relationship" has been arreyed under DV The Bharat Ratna Act !


2.
Discharge Application can be filed showcasing technicality but it is also said in India that today’s metro wife can file anything and it will be admitted; getting relief is different story out of such admitted matters, so in my opinion the generic answer is always YES in the beginning.  

Anis (Asst. Manager - Sales)     07 August 2012

If you live separately from your BIL then DV is not applicable on you and your wife as there is no domestic relationship.

Read Justice Shiv Narayan Dhingra's judgements for better understanding.

1 Like

rajiv_lodha (zz)     07 August 2012

Originally posted by : Tajobsindia

1. Theoretically she can array even your dog living in Chikmangalore village and it has happened in various illustrative complaint cases in the recent past. Like you tell us that your wife who never lived in a 'domestic relationship" has been arreyed under DV The Bharat Ratna Act !


2. Discharge Application can be filed showcasing technicality but it is also said in India that today’s metro wife can file anything and it will be admitted; getting relief is different story out of such admitted matters, so in my opinion the generic answer is always YES in the beginning.  

@ Tajob!
Plz clear my doubt about DISCHARGE APPLICATION

* Whether it is to be submitted by such respondent in same MM court?

* What is the right time to do so?..........upon receiving summons or after trial starts, exactly when?


(Guest)

When She made as a respondent party to your wife, You have to prove your side and move an applicatin for discharge.

Don't worry DV case is a civil nature case.

rajiv_lodha (zz)     13 August 2012

Thanx dear!

But what about qest no 1?


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