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mohamed haseeb ahmed   24 December 2016

Query

DEAR MEMBERS .IS THERE ANY TIME LIMITATION FOR FILING DVA.MY WIFE HAS FILED DVA AFTER NEARLY 19 MONTHS OF HER DATE OF LEAVING MATRIMONIAL HOME.ALSO SHE FILED IT AFTER I GAVE A SINGLE REVOCABLE TALAQ,SHE LIVES IN HYDERABAD.I HAD SENT AN ADVOCATE NOTICE TO HER ON 7/5/2015 TO RETURN BACK BUT SHE DID NOT RETURN .THEN I FILED RCR SUIT AND GOT A DECREE IN FAVOUR OF ME EX PARTE .SHE APPEARED IN THE EXECUTION PETITION BUT DID NT JOIN ME.SHE FILED A WRONG 498A AGAINST ME AND MY MOTHER AFTER 15 MONTHS OF WITHDRAWEL FROM SOCIETY.THAT DVA COMPLAINT IS AN OUTBURST OF SINGLE TALAQ.PLZ ADVISE


Learning

 4 Replies


(Guest)
Originally posted by : mohamed haseeb ahmed
DEAR MEMBERS .IS THERE ANY TIME LIMITATION FOR FILING DVA.MY WIFE HAS FILED DVA AFTER NEARLY 19 MONTHS OF HER DATE OF LEAVING MATRIMONIAL HOME.ALSO SHE FILED IT AFTER I GAVE A SINGLE REVOCABLE TALAQ,SHE LIVES IN HYDERABAD.I HAD SENT AN ADVOCATE NOTICE TO HER ON 7/5/2015 TO RETURN BACK BUT SHE DID NOT RETURN .THEN I FILED RCR SUIT AND GOT A DECREE IN FAVOUR OF ME EX PARTE .SHE APPEARED IN THE EXECUTION PETITION BUT DID NT JOIN ME.SHE FILED A WRONG 498A AGAINST ME AND MY MOTHER AFTER 15 MONTHS OF WITHDRAWEL FROM SOCIETY.THAT DVA COMPLAINT IS AN OUTBURST OF SINGLE TALAQ.PLZ ADVISE

WHAT HAPPENED TO EXECUTION PETITION, DID YOU NOT ASK ATTACHMENT OF PROPERTY TO COURT?

 

YES IT IS VALID SHE CAN FILE DV CASE AT ANY POINT.  YOU NEED TO FIGHT THE CASE ON BASIS OF MERIT.

WHICH DATE DID YOU WIN YOUR RCR?  GIVE ME THESE DETAILS SO THAT I CAN HELP YOU OUT WITH YOUR CASE.

mohamed haseeb ahmed   24 December 2016

i won rcr on 7jan 2016.she has no property.living in brother house .i didnt get complaint copy.my two kids r witg her.i filed cusody case which she got transferd to hyddrabad supreme court.i fildd set aside 126(2)crpc.custody case n setaside date is on 29dec in same court.rcr petition and custody casd were filed on 6june 2015

mohamed haseeb ahmed   24 December 2016

i won rcr on 7jan 2016.she has no property.living in brother house .i didnt get complaint copy.my two kids r witg her.i filed cusody case which she got transferd to hyddrabad supreme court.i fildd set aside 126(2)crpc.custody case n setaside date is on 29dec in same court.rcr petition and custody casd were filed on 6june 2015

(Guest)
Originally posted by : mohamed haseeb ahmed
i won rcr on 7jan 2016.she has no property.living in brother house .i didnt get complaint copy.my two kids r witg her.i filed cusody case which she got transferd to hyddrabad supreme court.i fildd set aside 126(2)crpc.custody case n setaside date is on 29dec in same court.rcr petition and custody casd were filed on 6june 2015

If you dont want to give single penny to wife, then you do like this, Seventh June 2018 you file divorce petition stating that RCR has failed.  And execution petition has also failed. And to grant divorce.  That time contact me again, I will help you draft your divorce petition.  Regarding other cases, you need to fight based on merits of case.

If you cant wait, pay her lumpsum alimony and take mutual divorce.


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