Legal Question in Family Law in India
HI,
1. A case has been filed against the husband under domestic violence act , 2005, by the wife .
The husband contends that the wife is having an illicit affair with another married man,the layer for the husband did not take up this contention in the written reply, but did so later on - the magistrate however says that such a contention is an after thought and thus cant be now taken up.
The cause for the dispute is this matter of illicit relationship and is therefore forms the basis of the case - can the magistrate refuse to entertain the submission , what is my remedy to get the same on record ? and under what law / provision .
2. The wife in her complaint has not specified the cause of dispute , should not the cause of the same be mentioned ? will non mention of the same be fatal to the maintainability of the complaint?
Can i take a defence that a cause has not been stated ?
3. Is a DIR mandatory to be filed under the law ? the dir in this case has been filled by the wife in her own handwriting she has signed it but not the P.O. , the dir has also been filed later on , the wife first filed an application before the magistrate - the magistrate has condoned this discrepancy , is she right in doing so?
Please advise ,
Nicholas
3 Answers from Attorneys
a lawyer needs to go through your case in detail. however, having a relation is different and living in adultery is different. in case the wife is living in adultery with another man, this could be a cause of divorce on the ground of adultery. regarding Domestic Incident Report, it is a technical aspect only and has less bearing on the merits of the case.
i too agree with Mr. Rajiv Gupta
i agree with Adv Gupta
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