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Ex parte divorce and fake domestic violence case


16-May-2025 (In Divorce Law)
My brother had an ex parte divorce and his ex wife filed dv case after 4 to 5 years of leaving the house.He is residing in dehradun and the case is filed in her hometown Mumbai
Answers (5)

Answer #1
729 votes
It is imperative to know as to what exactly is your query. However, if your brother is divorced and his ex wife did not reside with him then it raises a pertinent question of what stopped his ex wife from approaching the Courts at an earlier point of time. In order to provide you with any legal advice it is imperative to know the facts. Feel free to contact me for seeking any legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRato Mumbai | 700+ Answers
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Answer #2
505 votes
Even after divorce, a DV case can be filed for past acts of domestic violence if the aggrieved person was in a domestic relationship at that time. However, your brother can file for quashing under CrPC 482 if the allegations are vague or filed with malafide intent. He can also seek a transfer of the case from Mumbai to Dehradun under Section 407 CrPC citing inconvenience and jurisdictional hardship. Timely legal advice is crucial to defend his rights.
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Advocate Vaibhavi Muthinty

Adv. Vaibhavi Muthinty

LawRatoDombivli | 100+ Answers
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Answer #3
891 votes
Well, if the DV Case has been filed after seeking Divorce, then, it will not carry much legal weightage, as the Court will ask, what was the wife doing back then, when she was in marriage, why she did not file the DV Case back then?Why after Divorce?
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #4
858 votes
yes there is a provision for the jurisdiction female Applicant can file the case you can respond you can also change the jurisdiction but there is a provision in a law for that you need to contact a advocate
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Advocate Santosh S. Gaikwad

Adv. Santosh S. Gaikwad

LawRatoNavi Mumbai | 50+ Answers
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Answer #5
955 votes
when divorce took place??when dv has been filed?? if summon is served, your brother have to appear in the court, if prima facia it's fake , you can file case against then at your local court. mostly 75% dv are fake, number of case laws placed by hc and sc time to time
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Advocate Firozkhan Mubarak Tamboli

Adv. Firozkhan Mubarak Tamboli

LawRatoSangli | 25+ Answers
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