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Can domestic violence case be filed on patents living separately


17-Sep-2023 (In Divorce Law)
I am Muslim.My wife has illegal affair with another person i gave legal notice by my lawyer for mutual divorce.she did not accept.and i went to khaji and show the photo proofs and i give tiple talaq to her in the month of july17.In september she file DVC case against me ,my parents,my brother and my sister they are not with me they are in different places.can she file DVC case those my parents,my brother are not in same house hold.
Answers (3)

Answer #1
801 votes
Hi
Since your parents, brother, sister are not residing with you, they will be discharged from the DVC Case.
You should file a discharge petition on behalf of your parents, brother and sister and get them discharged.
Answer #2
555 votes
Dear Sir,

As you said that you divorced your wife through triple talaq, the complaint under Domestic Violence Act against you and your family members is not maintainable after divorce. Do not worry as the reliefs your ex-wife is seeking can be granted only to a woman who is or has a subsisting matrimonial relationship or a relationship in the nature of a matrimonial relationship and not to a divorced wife. Therefore, contest the case accordingly and seek to dismiss her complaint.
Answer #3
915 votes
HI,
You need not worry your sister and brother can file a quash petition against the DVC case before the Honble high court for falsely implicating them in the case . Burden is more on your Ex-wife to prove that all has harassed her and the case she has filed against you and your family members. For further assistance call us though website.

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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