Rcr & divorce & dv case

harikrishnan (Querist) 06 November 2014 This query is : Resolved
1.Divorce appeal by husband pending in HC from 2009

2.RCR case by wife also pending in HC from 2009 (Appeal by husband against order of session court during 2007 in her favour for rcr )

3.DV act case filed by wife in magistrate court during 2011,against which appeal by husband in session court is pending as of now.

4.Maintance amount ordered in magistrate court during 2005 and as per that order maintanance amount given up to 2007.

Marriage year 1998
Living separately from 2001 till date
Female Chiled Born on 2000

My question is after order passed in rcr case by session court, can she file dv act case.

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ajay sethi (Expert) 06 November 2014
Dv is continuing offence . Dv complaint can be filed by wife as marriage is still subsisting

Devajyoti Barman (Expert) 07 November 2014
Yes, DV case is very maintainable.

Rajendra K Goyal (Expert) 07 November 2014
Yes she can file.

malipeddi jaggarao (Expert) 07 November 2014
Well advised by all.

T. Kalaiselvan, Advocate (Expert) 11 November 2014
Though you have been living separately since 2001, since the marriage is still subsisting, the DV case filed lately is maintainable.

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