Maintenance after submitting mutual consent divorce
Sudarshan Mudaliar
(Querist) 29 June 2013
This query is : Resolved
My wife had filed a DV case and the interim maintenance was set to 2500, later 6 months down the line they challenged the order, on grounds of inflation, for a revision of interim maintenance. So this becomes another case which was with the session court. Here it was suggested that a mediation to happen by a Judge. Now we have agreed for mutual divorce and one time alimony.
Now they insist that the DV case be left open till decree of divorce is passed, Is this a valid ask ?
Do we have to pay maintenance if mutual consent is filed ?
Can there be a foul play of they not withdrawing the DV case, I mean if the marriage is dissolved, can a DV case still stand on its own ?
ajay sethi
(Expert) 29 June 2013
your wife is apprehensive that if she with draws DV case then she may be left in a lurch. therare many cases wherein p[arty agree to divorce by mutual consent and then dont appear in second motion . hence dibvorce petition is dismissed .
in consent terms to be filed in MCD mention that DV case shall be with drawn on divorce being granted . further since wife is paid lump sum alimony she wont insist on maintenance
Raj Kumar Makkad
(Expert) 30 June 2013
There is no illegality in running the DV Act Case with the MCD. It seems there is lack of mutual trust so it shall be better to get decided both the cases on the same day.
