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DV case filed after 1.5 years of seperation and Sec9 plea pending
22-Nov-2023 (In Family Law)
I am a married for 14 yrs. We were living in lucknow since 12 yrs in joint family. We have a daughter of 8 Yrs. My wife wanted me to live in a seperate home. I have a record of this communication. As i didn't agree to live seperate , my wife left my home with my daughter without any information. I filed a plea under section 9 at Lucknow family court. She had also sent a DV notice from a lawyer after 2 months of leaving to which we didn't reply. She is not willing to return back home which she has replied in Sec 9. After this my wife has filed a DV case in gurgaon session court against me & my family after 1 Yrs 6 Mts of seperation. We didn't receive the notices.
1. Can my wife file DV in gurgaon as we were residing In lucknow.
2. Can she file a case after 1.5 yrs under DV. Will the notice of her lawyer stand valid for grounds of DV case
3. Can i file a divorce case after 2 years of non co-habitation
4. How can I gain the custody of my daughter
5. How can I counter DV case against me
on the above mentioned queries the legal opinion is if your wife residing at Gurgaon then she files any case against you in Gurgaon sessions court or family court .
secondly after the separation of 1 year and 6 months or above or below she has to file a case for domestic violence or any other against you and your family .
thirdly a legal notice of a lawyer under Domestic Violence Act is not prescribed so legal notice is not valid .
yes you can file divorce petition against your wife after The Separation of two years . you can file
you can file a petition for guardianship of your child before the court of district judge .
secondly after the separation of 1 year and 6 months or above or below she has to file a case for domestic violence or any other against you and your family .
thirdly a legal notice of a lawyer under Domestic Violence Act is not prescribed so legal notice is not valid .
yes you can file divorce petition against your wife after The Separation of two years . you can file
you can file a petition for guardianship of your child before the court of district judge .
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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1. Yes, she could have very well filed this case in Gurgoan in terms of section 27(a) of the DV ACt.
2. Yes, as there is no limitation for filing of complaint under DV act.
3. Yes, because there separation to be a ground of divorce has to be 2 years long.
4. File a petition under GW&C Act, seeking permanent custody of your child. Seek visitation rights as an interim measure.
5. File a reply denying all her false and frivolous allegations.
2. Yes, as there is no limitation for filing of complaint under DV act.
3. Yes, because there separation to be a ground of divorce has to be 2 years long.
4. File a petition under GW&C Act, seeking permanent custody of your child. Seek visitation rights as an interim measure.
5. File a reply denying all her false and frivolous allegations.
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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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