Please help me with the fake DV case filed against me and my family. Details and queries are mentioned in the next section.
Situation : I am married for 14 years. We are residing in lucknow since 12 years in joint family. We have a daughter of 8 years. My wife wanted me to live in a seperate home. I have a record of this communication. As i didnt agree to live seperate, my wife left my home with my daughter without any information when no one was at home. 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 to home which she has replied in court. After this my wife has filed a DV case in gurgaon session court after 1 years 6 months of seperation against myself, my elder brother and my parents. We did not receive the notices.
Please address my following queries.
1. Can my wife file DV in gurgaon as we were residing In lucknow. Where does Jurisdiction apply.
2. Can she file a case after 1.5 years under DV. Though she sent a notice from one lawyer. Will the notice of her lawyer stand valid for grounds of DV case
3. Can i file a case of divorce after 2 years of non co-habitation.
4. How can I gain the custody of my 8 years daughter.
5. How can I counter the DV case against me.
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SC says non cohabitation is a ground for Divorce
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