Dv relief and related queries.


1) Can a women file 498a against her husband when DV act case is pending in court ?

2) In DV act, Can a woman demand a huge one time relief of 10 or 20 lakhs (or in installments) from her husband?

3) If the answer to above question is "yes", what if husband is unable to pay that huge amount?

4) After court orders 10k to 25k per month as maintenance, if husband loses his job then how to approach this?

5) After the divorce, if husband either buys a propery or gets a property from father (legal heir), can the divorced wife come later on after few months to claim share in the property which was purchased after divorced?

 
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Senior Partner

1. Yes.

2
. Yes, see one of my earlier discussion with a woman queriest last month where if I recall she claimed similar figures. It is only once same ordered upon submission of payment in one go or in installments can be heard before that it is no once case to make a plea I wish to give in installments!

3.
Contest and take contest via Appellate Jurisdiction to Sessions to State’s HC to SC. The appeal ground are wide open for you.

4.
Under change of circumstances annexing termination letter via an Affidavit on records of the file.

5
. If she has specifically renounced her rights during divorce suti adjudication as to her specific “rights to residence” then only she has no claims whatsoever post-divorce. Otherwise till she re-marries / has children custody any of her post divorce agitations including rights to residence gets re-opened thy name in the larger Public policies interest and only women / child are included under Public Policies and not men take it for granted.

[Reasoning for para 5 say I gave to @ Zeeshan a Muslim member of LCI here in one of his early question to me, ask him to retrive my very long reply containing Acts and Citations on how a divorced wife has a claim post divorce to rights of residence / share in residence and if he cannot find my earlier given Igyan then give me a whistle I will replicate the same Igyan once again here in your this query for your clarity too]

 
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