Compensation notice by ex-wife
Does this case stand any legal ground as the divorce took place on mutual grounds free from any marital bonding, free will, non interference with future? My brother and his ex-wife got separated legally (stamp paper) on 06 Sep 2016. They got married on 19 Oct 2014 following which due to their difference of opinion they decided to get divorce. Before divorce, his ex-wife lived separately for 1 year before the divorce took place. After all these years, his ex-wife has sent a notice through Women and Child Welfare Board, Karnataka Government under section 12 of Protection of Women from Domestic Violence and claimed compensation of 5000 per month. His ex-wife has 2 kids from her first marriage and together (my brother & ex-wife) do not have any children out of their marriage. Thanks.
As far as the claiming compensation under Section 12 of Protection of Women from Domestic Violence is concerned – it has a limitation period of 3 years (right from the time of obtaining a decree of divorce). A wife therefore, has a right to file for domestic violence till 3 years from the date of divorce.
Also, this claim is only valid when the party is able to show the cause of action during the time they were living together. As we all are aware of the fact that domestic violence can never be claimed by the wife during the time when she has already separated from her husband (in this case, the time after 06th September 2016). The basic condition in claiming domestic violence is co-habitation i.e. living together under the same roof.
Now, if you say the wife was already living separately for 1 year before divorce then, this time period of separation automatically gets excluded from the purview of domestic violence. Thus, the violence that she is claiming for should have arisen between 19th October 2014 – 5th September 2015 thereby, excluding the 1 year of living separately.
Further, go through the things stated in the stamp paper that was signed on 06th Sept 2016. If it explicitly mentions that no one has no claim left over each other, as parties to being a married couple then a stand can accordingly be taken in the court of law – when the wife approaches the court to file for domestic violence.
When a complaint is filed with the Women and Child welfare Board, the board generally summons both the parties to the dispute to come down and try to mutually settle the matter by some sort of mediation. If the process remains unsuccessful then the matter escalates to further proceedings in court etc. to register the case or not. With respect to compensation, if you are already paying her some monthly allowance, then claiming further be an addition to the previous one (if at all the case persists). Two different compensations do run parallely, in the cases of divorce – rather, they are clubbed into one.
Book a phone consultation with a top-rated lawyer on Lawfarm.