Domestic violence case

This query is : Resolved 
 


Querist : Anonymous (Querist)
21 August 2019

Hello,
I have filed a DV case against my husband in July,2018 in Borivali,Mumbai but there are no hearing that has happened since 1 year on any of the dates that i received from the court. My husband has visited only once to the court in this 1 year.He lives in ?Hyderabad with his parents. My next date is 27th August,2019 and i came to know from my lawyer that there is no Judge appointed for the court in which i have filled my case since 2 mnths. My hearing dates are going un answered. My query are below:
1) Can i file a Divorce case along with the DV case i have filled,since i have lost all the faith from the court proceedings and also from my husband and his family?
2) Can i transfer my case to some other court?
3) How can i demand maintenance from my husband for my daughter?
4) Can i move my case to fast track court?
5) What best can i do so that i get justice soon.




SHIRISH PAWAR, 7738990900 (Expert)
21 August 2019

1) Can i file a Divorce case along with the DV case i have filled,since i have lost all the faith from the court proceedings and also from my husband and his family?
You can very well file divorce case while your DV case pending.

2) Can i transfer my case to some other court?
It is not possible to transfer your case to other court.

3) How can i demand maintenance from my husband for my daughter?
You can file maintenance application in DV case or in divorce application which you decided to file.

4) Can i move my case to fast track court?
No

5) What best can i do so that i get justice soon.
File divorce case in civil or family court.


Dr J C Vashista (Expert)
22 August 2019

1. You may file your divorce case simultaneously.
2. Apply to District Judge/CJM/CMM (as applicable in your case) for transfer of case to some other magistrate (Mahila Court) on the basis of previous proceeding.
3. Maintenance for your daughter can/may be sought u/s 125 Cr PC. if you have not been granted.
4. Fast track court(s) are not meant for matrimonial case(s).
5. It would be advisable to consult another local prudent lawyer with relevant records for better appreciation of facts/documents, guidance and proceeding, if you have lost faith in your lawyer.
If you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Dwarka courts complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939


Querist : Anonymous (Querist)
22 August 2019

Thanks a lot for the reply..
@Shirish Pawar sir: Is it a possibility that incase i file a Divorce case,i will not get any alimony from my husband?? Please revert.

KISHAN DUTT RETD JUDGE (Expert)
24 August 2019

Dear Sir,
You can approach the High Court for time bound disposal of your DV case. You can file divorce case and also seek maintenance for your child. You can also seek transfer of case.

KISHAN DUTT RETD JUDGE (Expert)
24 August 2019

Dear Sir,
You can approach the High Court for time bound disposal of your DV case. You can file divorce case and also seek maintenance for your child. You can also seek transfer of case.



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