Need Help in DV Case

I suggest you go through the Delhi High Court judgment in ADIL & ORS. v State 

decided on 20-09-10. The judgment is by Justice S.N. Dhingra and you can find it on Delhi High Court website. You can have a broad view of  " living at any point of time"  in the definition of demestic relationship  

Thanks a lot Mr. Harbhajan Singh Thukral,

That information of yours has cleared 90% of my Quarry, Now i can fight this fake DV case against me.

one more quarry i have is that;

1. Can the cases for 125 & DV act cases, run parallel, as in both the cases maintenance is asked by wife.

2. In what what way i can stop any of the one cases.

3. As the DV case in going on in court can I go for HC & request to quash the case, if so under which law i can do this.

waiting for your valuable reply.

Sagar

For granting maintenance, a party can either approach the Court of MM under Domestic Violence Act or under Section 125 Cr. P.C. claiming maintenance. The Jurisdiction for granting maintenance under Section 125 Cr. P.C. and Domestic Violence Act is parallel jurisdiction and if maintenance has been granted under Section 125 Cr. P.C. after taking into account the entire material placed before the Court and recording evidence, it is not necessary that another MM under Domestic Violence Act should again adjudicate the issue of maintenance. The law does not warrant that two parallel courts should adjudicate same issue separately. If adjudication has already been done by a Court of MM under Section 125 Cr. P.C., re-adjudication of the issue of maintenance cannot be done by a Court of MM under Domestic Violence Act.

You can approach High Court under 482 Cr.PC 

Pl go thrugh Renu Mittal v Anil mittal DHC dated 27-09-10

Dear Members,

In DV case, my wife has filed her affidivate & is ready for Cross-examination, 

After going through few judgements, I have made up my mind to go to HC for quashing the DV case under the fallowing points:-

1. 498a was filiied in 2008 & I, my father & my mother were charged with it but got aquited in 2010 May. She files DV case in Sep 2010, with same grounds as in 498a & on same people. - here only difference is, in DV cases she is asking for moniterly relife.

2. She has filled 125 case in Aug 2008, & is under proccess. where she has got interime maintenance.

3. After marraige she was hardly for 15 to 20 days in my fathers house & after returning to Abroad she was staying with her parents, after that she was staying with me at abroad & from there she has returned to her parental home & till date she is staying there - This is accepted by her in cross examination in 498a & 125 cases. Hence my fathers house cannot be her materimonial home & neither she has any domestic relationship with my parents.

Dear members please guide me:-

a) Am I going on right path.

b) is this correct time for me to file the casse under 482 in HC, or should i wait for completion of her cross examination in DV case.

c) are there any other grounds to be added for my above case.

waiting for your valuable reply.

Sagar