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- Can wife file a domestic violence case if living separately for a year, what is domestic violence ca
03-Jun-2024 (In Family Law)
We are separated for more than one year how strong is the position of wife to file a case against me on grounds of domestic violence I m ready to bring her home back but she is asking for written commitment on paper what should I do, what is time frame to file dv case after physical separation ?
Living together not essential to file case under domestic violence act, says court
Further empowering women to fight domestic violence, a trial court has held that a woman can claim her rights under the law for protection from domestic violence even while living separately from her husband and in-laws.
Additional Sessions Judge Anju Bajaj Chandna held that as long as the couple is married to each other, the wife cannot be denied protection and other rights under the Domestic Violence Act. "It is not essential that on the date of filing of the complaint, the parties should have been living together and it is sufficient that they have lived together as husband and wife in the past," said the court, underlining the legal condition under the Act for filing the complaint.
"In the present case, the marriage between the parties is still subsisting," said the court, setting aside an April 2011 order of a magisterial court, which had dismissed a complaint under the DV Act by an estranged wife against her husband on the grounds that she was no longer residing with him.
The court order came on an appeal filed by the woman against the magisterial court's order. The woman got married in March 1993, but had been living separately from her husband since January 1996. She had first moved the court under Domestic Violence Act in March 2008, seeking monetary relief and compensation from her husband besides protection from domestic violence.
"It is the duty of the magistrate to see that in view of subsistence of status of husband and wife between the parties whether the relief sought by the petitioner can be granted within the provisions of the Act," the court added. The court directed the magistrate to "reconsider the facts of the case and proceed in accordance with law".
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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As per your question : if you will not give divorce then she may file 498a case with you and your family member and also file Domestic violence Act , D.P 3 & 4 act ,r/w 34 ipc , it is better that her conduct and character is not good , you insist her to take Khula and you make MOU binding her not to file any criminal case and domestic violence case and maintenance case against you and your family and you proceed with the khula Mou is important you can show if at all she file the criminal cases against you in future . in MOU you take the witnesses of your father in Law with thumb impression
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Adv. R.K. Gupta
Indore | 25+ Answers
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There is no time limit for filling the case under Domestic Violence or under s. 498A of IPC, but if she files the case after such a long period then it will go against her (depending upon other circ*mstances of the case). Possibility of her filing such case depends upon the relationship subsisting between you both and your families. If she is also ready to come back, then assure her orally and do not right anything against yourself. Achieve her faith by your conduct. Explain her that if you write something, it may be misused in future, although not by her but by her relatives. Possibility of her misusing that writing can also be not denied.
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Adv. Pradeep Naik
Indore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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