(Querist) 27 September 2019
This query is : Resolved
This is to inform you that i am married since 10 years and have filed a DV case against my husband and his family last year but there is nothing happening with the case since there is no Judge available in the court since 4 months now. I have been only getting new date since a year. Not even a single hearing has happened. Nor my husband or his family has appeared in the court,though his lawyer comes and takes a new date and goes away. I have a 7 yrs old daughter and have been managing everything on my own since my husband has deserted me and my daughter since 3 years. I really wonder if these kind of cases are happening in cities then what would be the case in rural areas. I am so disappointed with the whole court system and have lost all the hope.
Have some questions related to the same: 1) Since there is no Judge available since 4 months now and till not there,what is the next step that i can take? 2) Can i file Divorce case along with maintenance case against him along with the DV case? 3) Since Divorce case will be filed in a different court,is it a possibility that Divorce and maintenance case will be taken care faster than the DV case? 4) Do i have to appoint a new lawyer for the Divorce and maintenance case or the same lawyer can take care of it since its will be in a different court all together.? 5) In case i apply for a Divorce and Maintenance case,then what happens to the DV case that was filed 1 year back?? 6) What happens on maintenance and divorce if my husband doesn't show up on any proceeding??
Arvind Singh Chauhan
(Expert) 28 September 2019
1. if court is vacant you can pray to district judge to transfer the matter in another court having presiding officer as judicial magistrate.
2.You will not succeed in DV case if you file divorce because both are contradictory. If you don't want to live in domestic relations you can't get relief in DV ACT. Though you can seek maintenance under 125 CRPC together with divorce case.
3.depends on situation and court.
4.you can engage same lawyer.
5.if you file divorce and 125, you can withdraw DV case or get it dismissed in default/ absence.
(Querist) 30 September 2019
Will i be eligible to get alimony or maintenance in ex parte order as i have 7 year old child with me??
SHIRISH PAWAR, 7738990900
(Expert) 02 October 2019
Dear Anonymous, You can get alimony order from court for yourself and your daughter. If you are employed then you may not get the maintenance. Regards,