• DVA after divorce

Hi,
I got married on September 2015 on the basis that the marriage expenses to be shared equally by both sides, but at the nick of time [day of marriage] my husband and relatives refused to pay the amount and threatened to stop the marriage if we asked them to pay the remaining marriage funds. So my parents without any options left had to pay up all the expenses. Post marriage myself and my husband stayed together [at my father's place] for 70 days [untill end of November 2015] during which I was harrased by my husband, he demanded my salary, my jewels and without my knowledge he had demanded money and jewels [for him braclet and ring] from my parents as part of dowry. My parent gave him the money and jewellery he demanded. After end of November 2015, he left me in my father's home and absconded. He neither answered our calls nor returned the calls. And meanwhile we got to know that he had faked most of the facts about him in his profile. After waiting for over a month, we visited his house and had a discussion as to why he was behaving like this. He and his mother said he is not willing to continue this marriage. I have video of them agreeing that they have taken money from my parents and also, that they are refusing to continue this marriage.
Post this I filed a divorce petition with the details mentioned above by June 2016 under Cruelty basis[no children]. But my lawyer without my knowledge suspended this case and filed the divorce petition under HinduMarriageAct 13(1)(ia). We kept repeating to our lawyer that we need to file this case under DVA and DOWC; and they said we can do that any time and then one day they said the case got disposed with nature of disposal as "Uncontested--ALLOWED WITHOUT COSTS". The following items are due from his end:-
1)Marriage share
2)Bracelet and other jewellery
3)Money which he got from my parents as a part of dowry.
We got to know only recently that my lawyer had taken money from my husband and got the case disposed. Now I have the following questions.
Note: When the judgement was given, I was not there in the court. My lawyer had asked for a divorcce without my consent.
1) As a petitioner, will I be able to ask for a stay of this divorce judgement?
2)If in case stay is not allowed, will I be able to file petition under DVA, DOWC?
3)And how strong will this case stand if I have to file the DVA and DOWC case post getting my divorce papers?
4)Is there anyother way to claim the money which my parents have lost.
Regards.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

1) you cannot file DV after divorce as there is no domestic relationship and shared household subsisting after divorce

2) your DV complaint would be dismissed

3) you have filed petition for divorce and your divorce petition is allowed by court and decree passed in your favour . even if you file appeal there would be no stay

4) you have not mentioned what were the reliefs claimed by you in divorce petition filed on grounds of mental cruelty. did you seek return of your streedhan ?

5) you cna file complaint against your husband under sectiion 406 of IPC for refusal to return your streedhan

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. When You yourself applied for divorce you can't challenge the decree anymore. The fraud done by your advocate wouldn't be of any help.

2. After grant of divorce you can't either file case under section 498a ipc nor case under pwdv act.

3. However if you have no independent source of income you can file case under section 125 crpc claiming monthly maintenance.

4. To get back your money and ornaments you can file case under section 506 ipc.

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Hi

1) yes. You should file an appeal in the High court within 90 days from the date of the order of family court and get the case reverted back to family court.

2) The Judgmental error and collusion of lawyers is very much apparent to the naked eye as it appears that the courts passed the divorce decree as Uncontested and without costs that too within 5 months from the date of filing of petition without the mandatory enquiry, evidence or conciliation.

3) Since the divorce decree is ex-parte and without your consent. you are absolutely within your rights to appeal against order of family courts (In family courts, courts are NOT supposed to pass divorce decree without the parties being present)

4) Also you can file a DVC and DOWC any time (even after divorce) as these 2 cases are independent cases and have no connection to your divorce case proceedings.

5) DVC and DOWC are the only way to recover your jewellery and monies.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. Your lawyer is your legal agent and in the Vakalatnama you have signed, you have clearly mentioned that you are bound by his acts in connection with the said case filed by you.

2. The Divorce suit was filed by you under notarising your affidavit after taking your signature on all the pages of the suit when you had the opportunity to peruse your own suit. So, court will not grant any stay on the order it had passed on your suit. You can file DV case now but it will have lesser effect.

3. The effect of your post divorce DV petition will certainly have less impact.

4. File a 498A complaint r/w section 406 of IPC to fetch your Streedhan from him. You should have filed this complaint much before filing the divorce Suit.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The judgment has to be perused to ascertain what are your legal remedies. From what you have stated it seems that the court has granted ex parte decree to you.

2. If you can prima facie show that the judgment has been obtained through fraud then you can challenge it despite the fact that you are the petitioner.

3. DV case under section 12 of PWDV Act can be filed even after divorce.

4, Consult a lawyer with a copy of the decree/judgment.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have signed the papers for divorce and the divorce case has been filed with your knowledge. Now you cannot claim innocence of it.

The domestic violence case cannot be filed in the family court nor the dowry prohibition offence case.

Even now you can file a domestic violence case against him for all the cruelties he has meted ut to you, seeking the relief of protection maintenance an compensation for the acts of violence and return of articles he has in his possession.

Besides you can lodge a criminal complaint with police for dowry demand and also for return of your gold jewels etc

2. There is no question of stay in the case which has already been disposed.

Your divorce case has been decided and disposed by court already by setting him exparte and granting you exparte divorce.

3. Since your marriage is hardly one year old and as you have not filed the domestic violence case so far, you can very well file one now immediately seeking the reliefs as suggested above.

4. You can file a money recovery suit but for that you have to prove it by documentary evidence which will be rather difficult.

You can consult a good lawyer and plan further legal actions on his/her advise.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. You will have to apply for its certified copy which takes around 7-10 days.

2.No

3. Now

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Apply for certified copy of divorce decree

2) you should get certified copy in. 2 months time

3) no DV is maintenance after divorce

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. You have already been divorced as soon as the Court has passed the Judgement. Collect the certified copy of the Judgment for your records.

2. You won't have to sign any paper for your said divorce separately like MCD cases where both the parties sign the register after deposing during the 2nd motion.

3. You can file DV and DOWC cases right now if you so desire.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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