• Domestic Violence Act 2005

Sir

A person got marriage in 1980 & born a girl from this wedlock.  This man got fraudently  divorce on mutual consent with the statement from wife that her daughter will live with her & no  right to daughter  on her father’s property  & also not disclosed to first wife about the Divorce. Then got marriage with another woman & change the name of another wife in Govt. Job record.  Ultimately first wife  got divorce with full & final settlement in 2006.

Put the first daughters name   to second daughters names ( Same name to second marriage daughters name, but date of birth is different ) & changed the name in  Govt. Job record.   Also this father pushed out both first wife & daughter out of home before the divorce & never care about the daughter. 

Now this daughter came to know about  the fraudently  divorce, waive off her right & change her name to step –sisters  name . In the other words – misused her right & emotionally as well as financially harrash her.

Can this daughter file petition in court under Domestic violence, Act 2005.

Pls. guide ..

Thanks 

Puneet Arora
Asked in Family Law from Delhi, Delhi
Religion: Hindu
it appears that first wife has waived daughter right on father property . daughter can claim maintenance from father . if is father duty to maintain his children . she can file complaint against her father under Dv act
Ajay Sethi
Advocate, Mumbai
28427 Answers
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The daughter can file the petition under Domestic Violence Act, but she will not reach far in her legal pursuit unless the judgment obtained in a fraudulent manner by her father is set aside by the court on her appeal. The judgment might have been obtained fraudulently, but it is a judgment which to date holds its ground.  Moreover, the judgment was passed on account of a settlement whereby and whereunder the daughter had waived her rights against her father. So unless this judgment is set aside on an appeal by the daughter the case under DV act will not fetch her anything.
Ashish Davessar
Advocate, Jaipur
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