NM (j) 23 May 2017

Section 12 dv

My Government employed wife filed for a Divorce under Cruelty. Then we mutually agreed and filed the divorce under 13B HMA. But after getting all her streedhan, she didn’t withdrew her DV case which was filed in 2014. Finally 13B petition was withdrawn, and she filed a fresh Divorce petition o/a of Cruelty. Now she is demanding a 25Lacs U/s 12 of DV which she filed earlier. But since she is a Govt employee she is not demanding any Maintenance. we dont have kids also. What should I do with this section-12 of DV. She is also not coming to court since 2014 but only her lawyer comes and signs the attendance sheet. The case is paused since 2014 and no evidence or witness has never been produced till date.

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Sachin (N.A) 23 May 2017

For divorce : You need to file reply in which you should deny all allegation and alleged your allegation and also raise that withdrawing consent for mutual divorce is cruelty. And pray before the court for divorce , As you both are ready for divorce, court will grant you divorce

For DV Act: File application for dismissal of case for want of complainant and evidence.