Women respondent in pwdva 2005

There is now a supreme Court judgment on this. Women can be a party in PWDVA Act.

sir, in that case what about burden of proof of allegations made. since duration of separation is about 8 months and lawyer's notice is served infact typed and dispatched after a phone call summoning  wife for counselling at caw cell on husband's application/request. will it be considered as after thought activity in order to avoid cohabitation.

section 2 (q), which
defines “respondent” as any adult male person who is, or has been, in a
domestic relationship with the aggrieved person and against whom the
aggrieved person has sought any relief under this Act.

 the legislation did not allow women to file
complaints against other female members of the family — like
daughter-in-law, sister or daughter — who too could be perpetrators of
domestic violence.

“The legislation is for protection of women, 

What you are talking about is the evidence and outcome of the matter.

My simple answer to your case is that you cannot stop her from filing any case she intends to file against you and your family members. But the facts of your case will help you and your family get an anticipatory in 498A and you have a strong footing to contest in any other case, if filed by your wife. 

Even if a case is filed, get a discharge based on sec 2(q) of the Act....

The suit will not be tenable.

Regards

Chetan(dot)7679(at)gmail(dot)co 

@ author 

False DV or 498 A can be loged at anytime against you .

Agreed with all stanley posts

Members,

based on few phone recordings and legal notice full of false allegations can i file divorce on grounds of cruelty.

can i defend maintenence cases on proving her qualifications and previous employement in court.

moreover i tried a lot to call her infact i applied for family counselling at caw cell and even after calling for counselling she didnt turned up and in return served the notice and in that notice it is nowhere mentioned that she was called for counselling. can this show that she is cause of desertion and not me.

please throw some light in this direction.

thanks in advance

regards

victim.

Sorry u dont have enough grounds for filing divorce, it wil be a waste effort. Legal notice does not ammount to cruelty in any way. Shield urself from 498a+DV. Find out her income status.

DV can very well be filed against females. SC has recently declared so.