Dv case and divorce

Querist : Anonymous (Querist) 18 September 2011 This query is : Resolved
Dear sir/Madam,

Can husband file Divorce petition in the court .

wife has filled dv false case and running the matter . she filled case 14 months before for non terminating period as mentioned by her only.

desertion of one year before filling the matter and 14 months of the dv case. period of more than two years. now. in dv case nothing but next date till date.

Is filling divorce at such stage will effect to the matter of dv case.

or It will be considered separate case?

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adv. rajeev ( rajoo ) (Expert) 18 September 2011
You can file divorce petition. And DV case will treated as separate case.

Shastri J.K. (Expert) 18 September 2011
I agree with adv. rajeev ( rajoo )

prabhakar singh (Expert) 18 September 2011
Can husband file Divorce petition in the court .???????????
YES IS THE ANSWER.

Is filling divorce at such stage will effect to the matter of dv case.

or It will be considered separate case?

ANSWER:::
A case against ' domestic violence 'is a separate case than a case of 'divorce'.
If you have sufficient grounds and proof you can file a divorce petition,pendency of
a DV case does not bar its filling.

Advocate M.Bhadra (Expert) 18 September 2011
A case under D.V. filed by the
wife is separate case,you can file a divorce suit against your wife after one year from the date of desertion/separation.

Devajyoti Barman (Expert) 18 September 2011
Yes both are different proceedings and may not effect the outcome of each other.

Guest (Expert) 18 September 2011
yes the experts have advised very well

Raj Kumar Makkad (Expert) 18 September 2011
DV case is filed before local judicial magistrate whereas petition for divorce is filed before Family Court. You may file even at this stage if have sufficient grounds to do so and it would not affect your earlier case.