Request for legal suggestion
Respected sir/Madam,
With profound respect I beg your kind attention to state that I am from westbengal. I am 37 yrs of male. I have married on 22.04.2015. My son born on 1.1.2016. Due to some serious problem my wife bound stay her matrimonial home. On 7.4.2015 my wife came to my home and returned on 8.4.15. After that she never returned. I never went to her home. On 22.09.2017 my mother and one relative went to their home. She told that she will come back but she did not. So on 30.1.2018 I bound to do RCR. But unfortunately my lawyer has filed it under sec 9 HMA act whereas my marriage was under special marriage act. So we quit it 13.12.2018 uncontestly and make fresh RCR on 18.012.2018 under special marriage act.
In the mean time I have applied CWC (child welfare committee) to visit my son. They have issued two summon to my wife and she didn’t come. The last CWC summon was 14.02.2019. In RCR ( special marriage act ) on 25.02.2019 her lawyer has appeared at the court.
Now she has given me crpc 125 on 20.02.2019 and Domestic violence ( sec 26 ) on 27.02.2019 against me and my father mother. I am single child. My wife is MCOM 1st class. She is Govt employee. She got 3 govt jobs. She is now bank employee ( govt undertaking) . I am jobless. I do private tuition. My wife is also single child. My father and mothers are ill. My father is 67 and mother is 65. I didn’t get any summon and I found it on ecourts.gov.in.
Now my question are below :
1) Whether she can file Dv after 2years 11 months after separation ( we are not divorced )? In this case crpc 468 will be applicable?
2) Can it may quashed under section crpc 482?
Is there any judgements of calcutta high court regarding crpc 468 in domestic violence quashed considering I am not divorcee. Its totally a revenge to us.
I have talked to some advocate in Calcutta high court but they are telling that Calcutta High court will not consider it. On this ground whether I can’t file it supreme court ? Will supreme court will allow it ? Is it possible ?
Asked 7 years ago in Family Law
Religion: Hindu
can govt employee can get maintainenance ?
Asked 7 years ago