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Domestic voilence


09-Sep-2023 (In Family Law)
Can a lady file a DV case after 11 year of marriage and she left the matrimonal home ,by leaving her own kid ,age of 6 years,how to protect respondent
Answers (5)

Answer #1
656 votes
Yes hi a lady can file a Dv case also after her marriage because it is her wish if she is not happy with the marriage she can also file a case where she can ask for divorce and if she’ doesn’t wish to stay with the kid then u can ask for the his possession he can also claim that he would take of the child and would keep Him properly With himself
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Advocate Yash Karan Jain

Adv. Yash Karan Jain

LawRato Delhi | 400+ Answers
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Answer #2
973 votes
A lady can during the subsistence of a marriage file the DV complaint and it’s the other party / Redpondent has to prove from Circumstances and facts of the case her conduct and misuse of law for her own malafide motives whether for custody or money and do harassment as the case may be
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRatoDelhi | 200+ Answers
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Answer #3
658 votes
Yes! Wife can file complaint after 11 years if she has been harassed, tortured, abused, etc. Each case has to turn around on its facts and merits. From your query, it seems the complaint has been filed solely to harass you (husband). However, it will be advisable to seek consultation and prompt action.
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Advocate Rishi Raj Sharma

Adv. Rishi Raj Sharma

LawRatoDelhi | 25+ Answers
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Answer #4
896 votes
hello, there are many ways to save the respondent he just need to have evidence to prove that his wife was not so good mother and wife as well, similarly it can also be prove that false allegation has been imposed on the respondent hence he can be saved as his wife herself left the house and child as well and there is no police complaint has been made when she left, after 11 years she is filing the DV case.
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Advocate Dipti Singh

Adv. Dipti Singh

LawRatoDelhi | 50+ Answers
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Answer #5
559 votes
Protection under Domestic Violence act is not a sacrosanct law. It has sufficient checks against its misuse. The women who voluntarily leaves her matrimonial home, without any tangible reason has no protection under HMA Act, or under 125 Crpc, or under DV act. In the case of inderjit Singh Grewal Vs State of Punjab, supreme court has put a limit of one year to invoke the provisions of DV act, with exceptions on valid grounds.
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Advocate Rajnish K Singh

Adv. Rajnish K Singh

LawRatoDelhi | 25+ Answers
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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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