quesdomestic violence

Sir A person got marriage in 1980 & born a girl from this wedlock. This man got fraudently divorce on mutual consent with the statement from wife that her daughter will live with her & no right to daughter on her father’s property & also not disclosed to first wife about the Divorce. Then got marriage with another woman & change the name of another wife in Govt. Job record. Ultimately first wife got divorce with full & final settlement in 2006. Put the first daughters name to second daughters names ( Same name to second marriage daughters name, but date of birth is different ) & changed the name in Govt. Job record. Also this father pushed out both first wife & daughter out of home before the divorce & never care about the daughter. Now this daughter came to know about the fraudently divorce, waive off her right & change her name to step –sisters name . In the other words – misused her right & emotionally as well as financially harrash her. Can this daughter file petition in court under Domestic violence, Act 2005

  • ansThe daughter can file the petition under Domestic Violence Act, but she will not reach far in her legal pursuit unless the judgment obtained in a fraudulent manner by her father is set aside by the court on her appeal. The judgment might have been obtained fraudulently, but it is a judgment which to date holds its ground. Moreover, the judgment was passed on account of a settlement whereby and whereunder the daughter had waived her rights against her father. So unless this judgment is set aside on an appeal by the daughter the case under DV act will not fetch her anything.

  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

I got married on 8-5-2016 & we want to go for divorce now. What is…
Is marriage certificate important for divorce. Can It be done without certificate. If yes. How…
I am 44 and my wife have recently committed adultery, caught circumstantially and confessed with…
My brother was married in India. He was staying in Africa with his wife for…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly