Ex wife files for domestic violence after 7 yrs of physical separation

23-Apr-2023 (In Family Law)
Got married in October 2010 as per Hindu rituals in uttrakhand.Ex wife went to training to Chennai in dec24 but didn't return and went to her parental home at Mumbai she got her transfer without informing me....I filled for rcr in feb but she didn't return...I got ex parte divorce decree in my favour in September 2012..N I got married again in 2013...In 2016 she filed for set aside..N it was granted by family court in uttrakhand...She also filed interim maintenance...She lost interim maintenance case in 2017 and exparte was again granted in my favour...Now she have filed domestic violence case and maintenance claim amounting to rs 70000 per month...She is filing dv case after 7 yrs of physical separation..She have filed this case from Navi Mumbai....Pls guide me...
Answers (3)

Answer #1
730 votes
Dear Client,

Looking into your case, my legal opinion is as under:

That her Domestic Violence case is unsustainable before the law, you should go for the dropping of DV proceeding against you and others if have bright chance to dismiss her case.
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Answer #2
960 votes
Helo sir .
If your Ex wife leaving seperately then Domestic voilence not maintanable. She was leaving seperately because of her job and transfer but not for the reason of harrasment by you and your family. In between she was not taking any legal steps against you for reconsiliation of your marriage . She was educated and working women then she can not ask for maintenenace also.
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Answer #3
629 votes
Yes, she can file domestic violence case, there is no limitations for domestic violence case. You have a right to defend showing the truth before the court. If she is earning then can’t get maintenance.
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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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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