• RCR, DV Act 2005, divorce

Sir,me and my wife got married in Kerala in 2012. My wife took my son and left our matrimonial home in Kerala without any reason in 2016 to Mumbai to her step father. Before marriage she was working as a teacher in Kerala and she was born and brought up in Kerala. Inspite of asking her to comeback, she never returned. She was only telling that she met with Domestic violance at our home, which is a false alligation. I filled RCR, She never came for any hearing. So, after paper publication family court in Kerala granted me an expartee decree of RCR in my favour in 2018. Still she never came back. My wife filled a false DV ACT 2005 case against me in Mumbai. I attended the case with my advocate and replied for her complaint. After few months Mumbai court passed an interim maintenance order of 30000 rs in 2017. I never paid her any maintenance for past five years. And I never attended the DV case after that till now. In 2020 I filled divorce case in Kerala family court with the help of RCR. Inspite of three summons, my wife never attended the case.But for the fourth summons in 2022 Jan, the family court in Kerala received a notification from my wife's attorney from Mumbai about a distress warrant for interim maintenance for past 5 years.
Will this notification affect the proceedings with divorce case which is taking place in Kerala family court. If so, how it will affect. What are the remedies for the above. My main doubt is whether DV ACT 2005 proceedings affect DIVORSE proceedings.
Asked 11 months ago in Family Law
Religion: Hindu

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11 Answers

It would not affect the divorce case 

 

wife has failed to file any reply in divorce proceedings 

 

inspite of RCR decree she has failed to return to her matrimonial home 

 

you should pay arrears of maintenance in DV case 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Since , she is not appearing before the divorce case , then the court may pass ex-parte decree against her , and if that not challenged within a period of 3 months then the decree will be enforceable. 

- Further ,as you have already granted RCR Decree , then you can submit the same before the court where your petition is going on , as when the RCR decree granted then she cannot claim maintenance from you. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

The divorce case proceedings is  different to that of the  DV case.

If the distress warrant  has been passed, you may deal with it accordingly and do not club that with the ongoing divorce case.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

No it will not affect anything. Both the matters will be considered separately on merits

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear Client,

 

An application under the D.V. Act is not maintainable in a civil proceeding instituted by the petitioner, seeking relief of divorce, which is again purely civil in nature.

 

Thank you.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Respected sir. 

both the keys are different but she will definitely file application under section 24 of HMP for granting interim maintenance in the present case of divorce and she will definitely ask for the maintenance you have either to give him here or there just ask your counsel to argue on interim maintenance share and conveys court for minimum amount as much as he can convince the court and after giving such maintenance just for further proceedings for the divorce decree 

Dv case proceedings will not affect your present case 

 

Thank you 

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

there is gross delay of 4 years in filing petition 

 

court would not set aside decree fater 4 years 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

It is not review petition instead it should be a set aside petition to set aside the exparte decision. 

Since she has filed it belated stage,  you may file strong objections to her condone delay petition and try to get it dismissed. 

You may consult with your lawyer and proceed accordingly. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

If the same is without service to him and without giving him opportunity then it will be set aside. The limitation period also need to be checked if he has not file review within limitation

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear client,

Since the review petition is filed after the limitation period, the court might reject the same.

Thank you

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

-  The maximum period for filing a review petition is 30 days from the date of passing decree , and hence after the gap of 4 years the said decree cannot be cancelled. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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