I started living separately from wife since year 2012. She filed a case foe divorce in the family court in 2013. The case of maintenance under sec 125 was decided mutually and i have been paying Rs 9000 since then. Divorce was granted ex-parte in her favor in 2014. In july 2014 only she filed a case of domestic violence in lower court appealing for another maintenance, house rent, medical expense and has given an absurd dowry list which she wants back. she is also working in a private college as a lecturer since last 2 years. I have filed a RTI to the college asking for her salary statement but as private college dose not fall under RTI they have not responded. My questions are:
1. Is there any time stipulated by law inside which a female can file a domestic violence? or is there any time frame within which a domestic voilence case can be filed.
2. If she is living with her parents, can she apply for a house separately?
3. what other measures can i take to strengthen my case so that i dont have to pay any more?
4. How can i prove that she is already working and drawing an handsome salary?
Asked in Family Law from Bilaspur, Chhattisgarh
1.There is no time mention to file a dv case.
2.She can ask for house or a rent of house for her living frm u till divorce.
3. This needs the capacity or experience of ur lawyer.
4.Call the head of concerned dept and ask him to bring all the records of the concerned person with him through court.
For further contact me.
DV is a continuing offence and can be filed by wife at any point of time during subsistence of marriage
2)wife can seek alternative accommodation even if she is living separately
3)you should in your defence mention that wife is highly qualified and working as lecturer and also awarded maintenance under section 125 Cr Pc
4) call upon wife to produce her bank statements to prove that she is working as salary would be credited to her account
5)contact a detective agency and gather evidence of her income
1. There is no limitation to file a DV case,
2. Her residence in her parental home does not stop her from seeking separate accommodation. If one does not have a residence in the matrimonial home she cannot interim be expected to stay on road.
3. If she has been getting maintenance then she cannot claim maintenance under another provision of law..
4. You have to lead evidence of her employment in the form of salary slip or contract.
1. There is no time limit to file DV case. However after divorce DV case can not be filed.
3.If she is unemployed you can not avoid maintenance. SO you have to prove her employment.
4. Get some papers from her employment. If her employer is public authority then send RTI letter.
1. Though there is no such stipulated time limit to file DV case, the case now filed by her after getting divorce as well as mutual settlement io the 125 cr.p.c. case, this may not be maintainable if properly challenged.
2. She can file for residential rights
3. You have to bring it to the knowledge of the court that she is employed and drawing a handsome salary. You can file a petition under section 91 cr.p.c. before court to summon college authorities to produce her employment and salary details, this will strengthen your case.
4. Read the above answer for this question too.