Sec 12 of prevention women of dv act

In Dv case no arrests can be made.so no need to worry even if your parents name is mentioned. both dv and crpc 125 are seperate cases and so they can run concurrently

do not worry. the dv case is not maintainable as its over 2 years your wife has left matrimonial house. put this fact in preliminary objections and request the court to dismiss the case due to time limitations. surely, it will be time debarred.

moreover, these both cases can run simultaneously. but you hv to give maintenance in one case only, whichever is higher value awarded.

also important thing is: read the petition of domestic violence, it is her duty to inform court that she is getting monthlymaintenance in crpc125. if she has not included this fact in the petition, make it a preliminary objection.

and finally. as u r paying maintenance already, they hv filed dv case just to frustrate you. do not get frustrated. if a wife is getting mainteance in crpc 125 and the files dv case, it is clear intention of breaking the marriage.

i also advice u not to file divorce case.

once her dv is quashed by court, then it will be helpful to you.

regads

sir will one of the case be squashed as i cannot run on 2 places....when time came for evidence stage she filed dis case against me...for past 2 yrs she is staying at her parents place...i m from mumbai n case is in surat and i m working in pvt co...so its difficult for me ...my lawyer said he will attend the 12th july case of dv act 2015 and let me know ....

how can to case be running together ...then in which case evidence has to be proved by her.....

well,as i hv told u, dv filed after 2 years. u hv strong point. approach the high court for quashing dv on that point, if u r in mumbai, approach mumbai high court

i am sure it will be quashed.

You don't have to appear personally in the domestic violence case on every date

Inform the court in DVD case with a memo, that she is getting maimtainace in 125 CrPC. Other thing is though the case is time barred, she must be eying at other issues. Get DV case dismissed, based on maintainance order of 125 CrPC, otherwise tell the court, you are ready to accept her back. If dismissed or residence order in DV act, quash even 125CrPC maintainance. Regards, Shekhar. Bangalore +919731110296

i m ready to accept her back but on rent basis only as i dont own any property on my name....which i hev told in family court clearly but she refused to join....I am staying with my parents belonging to my father..she is jus eyeing on money tats all...

what is residence order in DV act means.....does it mean she can stay forcefully in my house 

If she was so sure of DV why didnt she put that case 1st rather then 125crpc all money game....

You can try to quash dv on ground of time limitation. As many decision from HC and SC regarding time limitations . Hire some experience lawyer try to quash it. She only wants you to harass you so that you give money. Be patience dnt worry nothing she will gain.