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Is DV case considered a valid reason for not living together in RCR


09-Feb-2023 (In Divorce Law)
We are married according to Hindu marriage laws. My wife left the matrimonial house at her own will creating problems and then filed RCR when I was not ready to accept her. When I mentioned I don't want to continue the relationship during RCR mediation as her behavior is unacceptable and she has leveled many accusations in the RCR petition - She went ahead and filed a false DV case on me. Accusing of dowry and mental harassment. She is demanding 50 lakhs as compensation in DV case under section 22 - Is this false DV case a valid reason I can show in court for staying away from my wife and not performing marital duties?
Answers (2)

Answer #1
671 votes
Sir, Since none of the cases have attained finality, you don’t have to perform your marital duties. As regards the False DV case is concerned, you can definitely bring it to the courts notice in the RCR petition while you defend your DV case separately. I’d need more details to advice you on this more adequately. So let me know how we can connect.
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Advocate Priyanka Y

Adv. Priyanka Y

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
932 votes
Dear Sir, She cannot maintain contradictory proceedings in RCR she is saying she is ready to lead married life with you. In DV case she had made several allegations of cruelty against you. You have a good case to approach High Court and ger quash entire proceedings in DV case.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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