What is the maintainability of wife in the divorce case

847 votes

Dear client ..
provide the full disclosure of facts the domestic voilence case so that proper assistance may be provided to you

Advocate Sanjeev LawRato

647 votes

You have not clarified under what provision had you filed a case against your wife. Was this a divorce petition, is she staying with you? Please clarify the above so that proper advise can be given to you.

Advocate Nupur Kumar LawRato

619 votes

There is no purpose for filing the case under DV act after such a long delay. Don't worry this case will not stand before the court. Appear before the court with your lawyer and explain all this. Probably the LD MM will say to file your reply in written. Do as per the instruction. But don't take too much stress. The case will be dismissed very soon.

Advocate Atul Patni LawRato

508 votes

You have to prove that your wife has not be staying with you in the same house since the last six years and that you have not been in contact with her continuously over the phone or e-mail, once you establish this by way of proving that she stays at a different location on total by way of evidence of family members and neighbors, then this case would not be maintainable.

Advocate Somya Priyadarshini LawRato

642 votes

Hi. The said domestic violence petition is not maintainable for the reason that you are separated from your wife since 6 years. Secondly filing of the DV case after 8 years of filing divorce is a second thought just to harass you. As per the provisions of DV Act, in order to attract DV sections, there must be "share household" which implies that both husband and wife living under one roof. Since in the present case, same is not the scenario, therefore the said DV petition is not maintainable. Regards, Aakriti Jain

Advocate Aakriti Jain LawRato