I got married in may 2005 and thereafter came to know that wife is suffering from incurable disease psoriasis. Filed petition in Jan 2006 and got marriage annulled by degree of nullity in April 2009 with a alumni of RS.700/- PM. After that I remarried in June 2009. In June- July wife file a appeal in session court and manage judge and the above order was quashed by court in 2014. I paid this RS. 700/- PM alumni till this order though she is highly qualified and having her own business with good socio-economic background. Then I filed appeal in high Court at Aurangabad bench. Still appeal is in progress / going on. Now in Dec 2016, wife has file a case against me under DV act and asked for 20 lakh, 25,000/- PM alumni, RS. 15, 000/- house rent and so on with many dirty allegations on me and my parents. In this way she is harnessing me and family and trying to destroy my life and exploiting me. Plz guide and support me to save me my family members life..
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Can such petition be filed by her when appeal is in process at high Court? Please send relevant judgement and comments.
1) wife may ask for the moon but it is not necessary thjat court would award it
2) if wife is suffering from incurable disease then court has rightly annulled your marriage
3) if ex wife is highly qualified she is not entitled to maintenance , house rent
4) contest the DV case .
5) rely upon evidnece in your possession that wife is highly qualified and having her own business
1. Ordinarily when a marriage is annulled for the fault of the wife, then no maintenance/alimony is awarded by the Court.
2. DV case filed after 10 years of your filing the annulment case will not stand at all the legal scrutiny.
3. engage an experienced lawyer to defend you in this matter and to inform the court not to proceed since your appeal in the higher court is still pending.
1. She can file any petition she feels like since there is no legal bar in filing petitions.
2. The crux of the matter is that she shall have to put relevant argument/logic to establish her allegatin mentioned in her petition.
3. In the instant case, her case hardly has any chance to stand on its own legal legs.
A DV case filed after almost 10 years of separation may not be maintainable.
As per the provisions of the DV act which is given hereinbelow the relationship has to be present as on the date of filing this complaint.
"2 (a) "aggrieved person" means any woman who is, or has
been, in a domestic relationship with the respondent and
who alleges to have been subjected to any act of domestic
violence by the respondent"
The use of the word is any woman 'who is' or 'has been'. Both
the expressions are in the present tense. The legislature has not used the
word 'who was' or 'had been'. This means the domestic relationship has to be
in the present and not in the past. The definition requires that on the date Act
come into force, the woman should be in domestic relationship.
In your case the marriage was annulled in the year 2009 and there has been no relationship between you and her till this date, hence the DV case may not be maintainable.
The definition of domestic relationship given under Section 2
(f) further supports the view that the requirement under D.V.Act is that the
relationship which is the basis of invoking the jurisdiction under D.V.Act
has to be in the present. Section 2 (f) of the D.V.Act reads as under:
(f) "domestic relationship" means a relationship
between two persons who live or have, at any point
of time, lived together in a shared household, when
they are related by consanguinity, marriage, or
through a relationship in the nature of marriage,
adoption or are family members living together as a
joint family;
The definition clearly speaks of a domestic relationship
between two persons who live or have at any point of time lived together in
a shared household and are related by marriage or through a relationship in
the nature of marriage. This definition also speaks about the existence of a
relationship by marriage or a relationship in the nature of marriage at the
time. The expression used is 'are related' by marriage. The expression by the
legislature is not 'were related'. From the bare reading of these two
provisions it is apparent that the intention of the legislature is to protect
those women who are living in a domestic relationship.
Can such petition be filed by her when appeal is in process at high Court?
Please send relevant judgement and comments.
Punjab and Haryana high court judgment given below may be of some use to you:
Crl. Misc. No.M-36736 of 2014 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No.M-36736 of 2014 (O&M)
Date of decision : 31.05.2016
Amit Agarwal and others
......Petitioner(s)
Versus
Sanjay Aggarwal and others
...Respondent(s)