• Filing a DVC without cohabitation for girl is possible?

Hi Sir/Madam,

We havent stayed 3-4 days together but of no cohabitation among us.. marriage happened on Nov 2015... due to misunderstanding, I am not in a position to continue the BACHELOR life(though married) even after also.. I am going to file Contested Divorce on Mental Cruel grounds shortly.. Is there any feasibility for her to apply DVC case against me upon knowing the divorce case?  

Please comment as i am very much fear that, upon filing DVC by her, whether police dept will take action such as imprisonment and all ???? would there be a formal enquiry will be there???

Would she be eligible to get maintenance or do i need to give lump sum amount as one time settlement for urging this?

one last thing, our marriage is not registered itself..
Asked 6 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1)non registration does not affect validity of marriage 

2) wife can file DV case and seek maintenance , right to stay in matrimonial home and other reliefs

3) yiu would not be arrested if DV case is filed . 

4) if wife files 498A case obtain anticipatory bail 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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1) if wife files 498A case police will issue you notice and record your statement 

2) deny all allegations file for AB and contest case on merits 

3) 80 per cent 498A cases are false and end in acquittal 

4) contested divorce cases take 5 years to be disposed of 

5) wife has to prove allegations made in complaint 

6) chat history , messages are admissible in evidence 

7) amicable settlement is best option 

8) contact a local lawyer . You can file police complaint against wife of criminal intimidation  if you are threatened of dire consequences if you don't bow to their demands 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. DV case can be filed even if you cohabited for a single day. If and when she files it you can contest it in defence. The onus to prove the allegations is on her.

2. It is 498A and other penal provisions that you need to be careful of. Apply for anticipatory bail as soon as the FIR is filed lest it would result in your and family members' arrest. 

3. You are at liberty to apply for dissolution of marriage on the ground of cruelty if you have evidence to prove it.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. You are free to contest her cases. Maintenance claim can be contested successfully if she is working or left her matrimonial home without a justified reason.

2. In MCD the spouses can agree to any sum of money as one time settlement, but you are free to reject the demand made by her.

3. You may claim compensation for her on account of malicious prosecution after the prosecution culminates in a favourable finding in your favour.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
I am going to file Contested Divorce on Mental Cruel grounds shortly.. Is there any feasibility for her to apply DVC case against me upon knowing the divorce case?  

She can file any false case because she will need a protection for herself so she may take shield under legal umbrella, but that can be defended.



Please comment as i am very much fear that, upon filing DVC by her, whether police dept will take action such as imprisonment and all ???? would there be a formal enquiry will be there???

The police will not involve in domestic violence case and there is no need to panic about this because it will be conducted in the court directly without police involvement.




Would she be eligible to get maintenance or do i need to give lump sum amount as one time settlement for urging this?

This will be decided only when she applies for maintenance under law.  You can always negotiate the issue when there arrives a compromise situation.





Non Registration of marriage  will not make your marriage invalid
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Could i contest her if she files 498A or if she seeks for maintenance & other reliefs???? 

You can always defend yourself on the basis of merits in your side.





if she is not willing for mutual divorce , how long will take for judgement ? with the available chat histories, whether the honourable court will consider give the justice  or simply giving preference on gender bias?

If a case is contested it may take years to get disposed, the court will hear both the sides and then only it will decide the case on merits,
You are eligible to file a divorce case only after completion of one yearof marriage





If they are demanding some settlement for accepting divorce, do i supposed to give or i can contest till the honourable court gives judgement?

You can contest this and let the court decide

Please suggest, can i approach police station as well before she is approaching you, as i am not at fault at any stage as they have played with my life brutally - mental agony .. Can i file DAMAGE case against her parents as they have cheated knowing her daughters character??

NO, dont do that mistake





Kindly suggest the way ahead on sequence.. I dont want my parents/family members involved in this as no body aware till last week about this sort of situations. Anything happen, it should happen for me.. 

You inform your parents about this because it is a long process they should not be kept unaware.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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